From Deseret News archives:
Appeals court rules Texas acted improperly in removing FLDS children
Ruling only affects 38 mothers, children for time being
The 3rd Court of Appeals ruled on a legal challenge by a group of FLDS mothers seeking to have their children returned to them immediately.
Lawyers for the mothers said the ruling only affects 38 FLDS mothers and their children, but they expect it will be interpreted by the courts to include the hundreds of other children taken in the early April raid.
"CPS was not justified in removing these children," said Cynthia Martinez of the Texas Rio Grande Legal Aid Society, which is representing the mothers. "They did not provide any evidence that the children were in danger, and they acted hastily in removing the children."
It is unclear if the children will be returned immediately to the ranch.
An FLDS mother, wearing a long brown dress, openly cried at a press conference this afternoon detailing the appeals court's decision.
Attorney Julie Balovich called it a "great day for families. We are ecstatic about this news. The court stood up for these families."
Balovich said that the ruling means, essentially, that the FLDS belief system alone does not constitute physical abuse to children.
The court ruled that removing children from homes should only occur "when the circumstances indicate a danger to the physical health and welfare of the children and the need for protection of the children is so urgent that immediate removal of the children from the home is necessary."
Texas CPS officials argued that there were five minor females at the ranch who became pregnant while 15 or 16 years old and said all children were in danger because of the FLDS belief system condoning underage marriage and pregnancy. CPS also considered the entire YFZ Ranch as a single household and argued children shouldn't be returned there because sexual abuse had occurred in that household.
The appeals court ruling said CPS failed to present evidence of physical danger to children who hadn't reached puberty, nor evidence that pubescent female children were in physical danger other than the "pervasive system of belief" condoning polygamy and underage females having children.
Recent comments
Send the 38 to live with the judges who made the decision. That...
The Texan | May 25, 2008 at 7:36 p.m.
re:hey mormon nickname 5:15 pm all who use the bible are not called...
john b | May 23, 2008 at 7:01 p.m.
The problem is that the child protection laws weren't written to hold...
realitycheck | May 23, 2008 at 5:47 p.m.
- Dixie campus briefs 1:10 a.m.
- Westminster campus briefs 1:09 a.m.
- UVU campus briefs 1:07 a.m.
- Utah Utes campus briefs 1:07 a.m.
- Visit to paradise nightmarish for Ags 12:32 a.m.
- Utes struggling to shake starts 12:31 a.m.
- Cougars' execution flawless 12:30 a.m.
- Utah Jazz fall apart against Kings 12:17 a.m.
- 3A football: Tigers pull away 12:12 a.m.
- Editorial: 'Immigrant' children needy 12:12 a.m.
- Gay advocates trek to LDS office
207 - Dirk does dirty work in Dallas
190 - Lobo suspended
171 - Speed has never been BYU's game
136 - Cougars crush hapless Cowboys
128 - House passes health care bill
111 - RSL rallies to advance
102 - Prep football: San Juan vs. S. Sevier
102 - Thousands protest health bill
100 - Provo company innovating engines
98
Why do so many people live so close to refineries in Utah and elsewhere?
NASA's Stardust probe continues to bring new knowledge about the nature...
Nothing proposed would keep young adults from learning of the reality of sex,...
the only "decent" team we played we lost to? I guess that Air Force isn't a...
I am watching the game again, and it is awesome!!!
I can't help but laugh inside when I read comments from YBU/TCU fans who...
(from the independant) I like Dennis Miller.... and Bill Maher, although I...
As a BYU alumnus, I can't justify to myself ever donating another dollar to...
Not a chance. Don't get me wrong they are both studs, but if Asiata wasn't...
Titan Fan, sorry that some of your best players got hurt. I hope they...
So sad how fear based so many are.
Will the Jazz even make the playoffs this year. The way they are playing it...

