Court refuses to hear FLDS mothers' request

SAN ANGELO, Texas — An appeals court is rebuffing efforts by Fundamentalist LDS mothers seeking to keep their children from being scattered in foster care facilities across Texas.

In an order issued late Friday, Texas' 3rd Court of Appeals in Austin denied the request by 45 mothers and canceled a hearing scheduled for Tuesday. The appellate court said in its ruling that there was insufficient information to warrant granting temporary emergency relief, and denied the motion to stop the placement of the children in foster care.

The court's justices did say that they would consider a petition by the Texas Rio Grande Legal Aid Society that questions the original hearing, the evidence and the decision by Judge Barbara Walther to keep all 462 children in state protective custody. It also asked the Texas Department of Family and Protective Services to address those issues in court papers to be filed by May 2.

The appeals court order came on the same day that Texas child welfare authorities finished placing all the children into foster-care facilities after Walther ruled they were abused or were at risk of abuse, stemming from allegations of underage marriages on the FLDS Church's YFZ Ranch.

— Ben Winslow, Deseret News