Appeals Court: TX Had No Right to Remove Kids

Hopeful One

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SAN ANGELO, Texas (CNN) -- The state of Texas should not have removed more than 400 children it took from a polygamist sect's ranch, an appeals court ruled Thursday.

Earlier this year, authorities raided the Yearning for Zion ranch in Eldorado, Texas, after they received reports of child abuse.

About 460 children were taken from the ranch, which is run by the Fundamentalist Church of Jesus Christ of Latter-day Saints, a polygamist sect linked to the jailed "prophet" Warren Steed Jeffs.



http://www.cnn.com/2008/CRIME/05/22/flds.ruling/index.html
 
This is NOT good news, but I expect it will go to a higher court. The ruling did not say the children have to be returned, and it did not say the investigation had to be stopped.

I just hope this doesn't garner sympathy for this group.
 
I am DUMBFOUNDED! Holy crap, what are these judes thinking!!!!!!!!!
 
I guess I should have put this under 'court rulings' instead of starting a new thread. Oops.
 
no we needed a new thread.


But, if this flies, EVERY parent who has there children taken away by STATE now has a leg to stand on. Some people just don't think about the ramifications!
 
Geeez...I am shocked! Please take good notes of the press conference as I have to go out and will miss it:)
 
Will Do, I guess there is international law as well. Hubby says if all else fails Federal agents can put them in federal protective custody due to the vioolation of the "Man act" That is if Texas supreme court rules against CPS.
 
no we needed a new thread.


But, if this flies, EVERY parent who has there children taken away by STATE now has a leg to stand on. Some people just don't think about the ramifications!

Not necessarily. The procedure for removing kids in general is pretty tested and proved. The new issue here is that CPS is treating the compound as one household. That is most likely what the court is questioning.
 
Geeez...I am shocked! Please take good notes of the press conference as I have to go out and will miss it:)

Yes, please. I can't watch it either so if someone is available to take notes, it would be greatly appreciated. :blowkiss:
 
I will catch it on CNN, I don't know if MSNBC will have anything extra.
 
As per CNN

Per FLDS Attorney

Its not clear when families will be reunited.

The court of Appeals, gives the trial court 10 days to follow the order.
The court order only covers 39 woman and children, but they feel it will apply to all children because the appelate court did not find CPS had legal right to take the children.

Within 10 days the trial court that originally made the ruling must reverse that ruling, and allow the children to be returned, or the appelate court will mandate return. UNLESS CPS files an appeal with the state supreme court in which case the original ruling would remain in affect until after the supreme court rules.

The court ruled that cps was wrong in saying that the whole compoound was a household. There was evidence to the contrary that there were individual households. They cannot apply "abuse" to the entire ranch as there was individual households.

grrr they broke away to cover the tornadoes in colorado
 
This goes back to the issue of "Did Texas overstep their bounds" and "why hasn't Utah/ Arizona etc done this before. I hate to say this, but the system in America is set up in such a way that it is very difficult to do what is right (ie, stop the sexual assults on young girls). Texas took a strong position. Unfortunately, it is going to be very tough to uphold their stance.

I actually really liked the plans for getting the kids back. I agree that they were vague, but they made it clear that the children had to be in a home free of abuse, be educated, and understand and abide by the law. I thought the steps were reasonable and beneficial to the long term health, safety, and mental status of the people involved.
 
Well I know that this opinion is unpopular but I'm glad for this ruling. I voted in the poll somewhere on this forum that Texas had overstepped their bounds.
 
Well, Texas knew it was in for a hard battle from day one. I don't think that all of their cards have been played yet. With the FLDS's documented history of re-assigning women and children at the whim of their "prophet", I think CPS had a valid reason to consider the compound as one household. To them it was simply one large dorm...albeit split into different buildings.
 
Well I know that this opinion is unpopular but I'm glad for this ruling. I voted in the poll somewhere on this forum that Texas had overstepped their bounds.

It isn't about whether this is a "popular" decision or not. It is about the welfare of the children. So I am curious about how closely you've followed this story. Have you read the links where former FLDS women have spoken of the child abuse that routinely goes on? Have you read any books about this cult? Are you aware of the changes in the cult rules after Warren Jeffs took over?

Certainly you are entitled to your opinion. I just want know that it is an informed opinion, and not just relying on headlines to color your belief.
 
I think of the compound like a huge college or terrorist paramilitary post. They are there for one purpose. Instead of education or terrorist training it is the pursuit of one religous ideal. And that religious ideal is in direct violation of current law. Instead of remaining in the states where the law has made allowances for them, they set out to 'colonize' a new state. And instead of trying to change that states laws, they only flouted the current laws- just like a paramilitary organization. And just like a college, they 'teach' others how to violate the law.

If this were a large company, like maybe a drug running company, when police came on site they would arrest everyone who resided there. Whether they were actively there to engage in the drug running or whether they were only there to cook meals. Whether they were in an active or supportive role, they were all engaged in the drug running.

Texas doesn't have much choice, they will have to fight this in the courts, and they will now have to begin their criminal case to bolster their court case.
 
Supposedly God is punishing all outsiders, for taking the FLDS children. The prophet controls the weather etc. As reported by Flora Jessops, who has heard this throught the grapevine.
 
I think of the compound like a huge college or terrorist paramilitary post. They are there for one purpose. Instead of education or terrorist training it is the pursuit of one religous ideal. And that religious ideal is in direct violation of current law. Instead of remaining in the states where the law has made allowances for them, they set out to 'colonize' a new state. And instead of trying to change that states laws, they only flouted the current laws- just like a paramilitary organization. And just like a college, they 'teach' others how to violate the law.

SNIP

Texas doesn't have much choice, they will have to fight this in the courts, and they will now have to begin their criminal case to bolster their court case.
Perhaps this is how CPS will explain that to the supreme court. They've actually started colonizing more than just Texas and they are flouting not only state laws, but federal. Between Rico laws and the Mann Act, there are more than enough candidates for prosecution among them.
 
It isn't about whether this is a "popular" decision or not. It is about the welfare of the children. So I am curious about how closely you've followed this story. Have you read the links where former FLDS women have spoken of the child abuse that routinely goes on? Have you read any books about this cult? Are you aware of the changes in the cult rules after Warren Jeffs took over?

Certainly you are entitled to your opinion. I just want know that it is an informed opinion, and not just relying on headlines to color your belief.

With all due respect, I don't feel that I need to justify or qualify the legitimacy of my opinion. The FLDS cult is an old one and you can't live or travel in Colorado, Utah or Arizona without having some awareness of them. I feel I'm pretty well informed on the topic and am well aware of the abuse. My opinion of which I hold firm to, is that the state of Texas overstepped it's bounds. Yes, as you said this is about the welfare of the children and it's also about civil rights.
 

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