From Deseret News archives:

Appeals court rules Texas acted improperly in removing FLDS children

Ruling only affects 38 mothers, children for time being

Published: Thursday, May 22, 2008 4:10 p.m. MDT
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"The existence of the FLDS belief system ... by itself, does not put children of FLDS parents in physical danger," the court stated. "Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue as required ... "

The court said CPS did not make reasonable efforts to consider options other than removing the children.

"This is wonderful. This is so fantastic," said Nancy DeLong, an attorney representing some of the FLDS mothers in the case.

"The people had an opportunity to put things in the Lord's hands and when He grants your prayers, you acknowledge Him first," said FLDS member Willie Jessop, who has acted as a spokesman for the church. "The people turned to their faith and acknowledged Him when the children were first taken and we acknowledge Him now."

One FLDS woman, who was headed to court in San Angelo this afternoon, seemed pleased, but reserved, about the decision.

"That's encouraging," said a woman named Annette, when told of the decision by a Deseret News reporter. "I'm waiting to see if it's really going to happen."

"Praise the Lord," said Eilene Jeffs.

"We're grateful for that," said Sarah Barlow.

"Anything positive," Jeffs added, as she walked into court for a hearing involving three of her children.

Story continues below
Marleigh Meisner, a spokeswoman for the Texas Department of Family and Protective Services, said the agency has just received word of the ruling. "We are assessing the impact it may have on our case. Any decision regarding an appeal will be made at a later date."

In a statement released Thursday afternoon, the Texas agency said its job is to protect children. "When we see evidence that children have been sexually abused and remain at risk of further abuse, we will act," it said.

The department reiterated it found "a pervasive pattern of sexual abuse" at the ranch that puts every child there at risk and referred to a "pattern of organized deception" from FLDS members during their investigations. The statement also spoke of the "bishop's record" it seized that refers to nine girls who were 16- and 17-years-old and living at the ranch who were listed as wives in the document.

"While our only duty is to the children, we respect that the court's responsibility and view is much broader. We will work with the Office of the Attorney General to determine the state's next steps in this case," the statement reads.

The new ruling does not affect an ongoing criminal probe into the activities at the ranch.

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.

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