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Appeals court rules Texas acted improperly in removing FLDS children
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Maybe it will be harder, but I doubt it.
Besides that, that ranch doesn't function without it's captive slave labor force of kids working instead of being educated. God forbid they would learn about dinosaurs and other proven scientific facts which Uncle Warren has outlawed.
From a political point of view, this is what is going on:
The State of Texas administrators (Governor on down) have calculated the cost of keeping all these kids, and proving that they should not be returned to their parents on a case by case basis. This will be a huge cost, which the saner people running the Texas budget will oppose spending, and they will want to return the kids based on this new appellate court opinion.
On the other side of the coin in the Texas
government administration are the nut jobs who will want to "prove they were right" and who will want to appeal all the way to the top appellate court of the state. They will use the prospect of economic losses in civil rights lawsuits as justification for fighting today's court order to higher courts.
Continued below
TEXAS CPS was wrong period.I stated early on,if a crime had been committed,then bring charges up on the ones suspected of criminal behavior. But this
blanket Drag Net, strong arm tactic was doomed to
failure from the begining.
Some good may come from this, all CPS agencies are
guilty of similar Crimes, Against Humanity! And they
clearly need to be placed under control.
In Wisconsin, the CPS Goons were going around to
schools, and demanding that children remove their
clothes,to check for bruises.No Parents, no Teachers
no Police. Talk about abuse. Just one example,lots more exist. P.S. a higher court just slammed that CPS agency on that one.
Last item is, if there were abuse at the FLDS ranch,
I imagine that the Texas CPS have made it all but impossible to address it by this time.
The FLDS are not Mormons and they have large communities in Utah, Arizona, Texas, and Canada.
Their lawyers who defend "civil rights cases" will tell them that there is ZERO chance that any FLDS parent or child will prevail in a 42 USC 1983 case because the children were seized pursuant to a court order and sent to foster homes pursuant to a court order. There is such thing as "judicial immunity" and there is no way to sue the judge, or any public official who acted pursuant to the court order. Similarly, there is a concept of immunity for state employees who were acting within the course and scope of their job descriptions, which the Texas CPS people were.
So what you will now see from those holding the purse strings in the Texas state government is a little battle between those trying to save money (and not afraid of sure to fail civil rights cases) and those administrators who will want to spend Texas last dollar "proving they are right".
I urge all FLDS to not sign any of the CPS plans until it is clear that the children in question were legally taken. I would urge every effort be used to point out that Rosita "Sarah" was never at the ranch and the initially raid is done in by the fruit of the forbidden tree doctrine.
I have to admit that I ignored this story early on. However since I learned that the whole Sarah case was a hoax I have been an advocate for the return of the children.
I believe their abuses were genuine, but far less common than we've been led to believe, and certainly not so widespread as to warrant kidnapping 450 children and sequestering them away from their mothers. For example, it's now proven that none of these people received welfare checks, though that was one of the common allegations of the Texas evangelists.
The Appeals Court Objected, and rightly so, to the broad brush that was applied in this case. At the initial hearing before Walther there were NO specific allegations made. Walther acted improperly in ordering the children removed pending an investigation because there had been no specific allegation to investigate at the time. Walther doesn't have the sense God gave a goose and should not be on the bench.
The FLDS need only to exercise their constitutional right to vote and in Schleicher, County, population, 2800, current elected officials will be looking for jobs at the Stop & Go. This is an election year.
After they re-group and make sure they do this in a legal manner maybe I can get behind what Texas is doing. I'm sure there are some cases of abuse out there, and they need to be stopped, but that doesn't mean you can play the "Don't mess with Texas" macho game and just round everybody up. Texas is still part of the United States and we do have constitutional rights (even though many think Texas is "A whole nother country".
Now I hope they can prosecute the cases they can prove in an orderly manner, instead of treating these people as cattle.
I'm especially happy the children will be able to live with their parents unless there is evidence of a problem in their family (instead of just the guilt-by-association) criteria Texas was using previous to this court ruling.
It is vital that we uphold the law, including going after those who have committed crimes -- but only those who have committed them. No blanket arrests or siezures of people who are merely associated with criminals via religious ties. Once the children are returned to their mothers were they belong, then the law can and should proceed to investigate and prosecute those who broke the law. And if it is proven that all of the mothers, individually, broke the law and deserve to go to jail, then take their children away from them. But they are innocent until proven guilty.
Who are the vindictive ones, again?
Oh, the ones who use false-flag operations to capture and imprison hundreds of children becaue of their belief system... oh wait, that was the Texas government.
I do not see this ruling as liberal or activists. It was based on the current law and did not declare unconstitutional any existing law. Actually my main gripe is that the court took so long to rule. If it had ruled before any parents had been coerced into signing the CPS plans things would have been much better.
I did not know Texas had a unique, two-level appeals court system. If that is really the case, which I have no reason to doubt, I am sure we will see CPS appeal. I think I will try to convince my newly graduated from law school sister to go to Texas and pass the bar. It looks like there will be no lack of jobs for lawyers there anytime soon.
This Texas case proves that CFS, whether here or in Texas, is clearly a government agency gone way bad. If I were king for a day, that's one operation I'd shut down.
This is also clearly a case of religious intolerance. This wasn't about child abuse, it was about getting rid of a religious community that some people didn't like.
And for you LDS members who were cheering on Texas authorities, get this through your thick skulls--you're next. 98% of the country doesn't think yours is the only true church. They don't understand closed temples, sacred garments, the Book of Mormon, heavenly visions to a 14 year-old farm boy, no blacks or gays in the priesthood, etc. They also think you're a cult. And I'm an active Mormon.
Still, this is very good news. Now hopefully the kids can be reunited with their parents.
Due process requires notice and a hearing before any action takes place, except in emergency situations where there is imminent danger. Indoctrinating a child, which may lead to abuse years down the road is not imminent. I'm glad that the appeals court finally got it right.
Nope, not flds and have personal issues with their beliefs but simultaneously allow them the privilege to worship freely since child abuse claims were found unproven and unjustified.
What is extremely sad is the decline of the FLDS church into a sect that is thoroughly controlled by one person who happens to be in jail for child sex abuse. Now it will be nearly impossible to help these children recover from the abusive nature of their leader.
The ruling does indicate that Utah and Arizona's laid back procedures should be given more credit. They have come under fire for not doing enough and for allowing abuse to continue, but apparently when a person abuses his power, there is nothing much the government can do. Young girls will still be forced to have sex with old men.
Moving forward will be a different path than reversing what has already happened. You can't reverse it. There may be an appeal of the appeal. And what happens to the children who were seized due to obvious abuse or the children who upon investigation were found to be abused?
Oh, I can't stop myself...I told you so!
You want a prediction - Federal mashalls from other states armed with Federal warrents will be needed to pry these children from the Texas foster care system. And when they do come CPS will shuffle the kids around, hide them and do everything possible to hinder returning the children. Anyone who thinks differently has never tried to fight CPS before.
This was the wrong and un-American way to do things. Justice must be served and constitutional rights adhered to, even when investigating real problems. We have been known to let cold-blooded murderers go because due process was not observed. Why did Texas think they could go out on their own program here and have it actually work.
I want the women and children to have protection but they were treated as criminals in Texas; not protected. Now it will only be worse because of the power-hungry and abusive CPS. Hope they're happy!
As with ALL government agencies, they idiots!!!
Freedom!
I hope this goes horribly bad for every official involved in the decision making process. A horrible injustice was done to those people.
The Constitution was never meant to be changed or altered. Additional laws, bills, etc. cover what the Constitution did not, but we should not be messing with the Constitution and if this country begins to thumb it's proverbial nose at it, woe unto us all. Freedom as we have known it will be ultimately lost for us all.
1. that the YFZ ranch does not constitute a sole household, but can be treated as multiple households.
2. CPS has provided insufficient evidence of abuse of any minor to justify the removal of children since they have not proved that the conceptions of the children was not in a legal marriage.
3. CPS has not demostrated danger to anyone at the ranch except pubescent minor females, and even that is less than clear.
4. CPS has failed all requirements of the laws of Texas.
5. This ruling only directly effects the 38 mothers who brought the case.
The FLDS kids lose their right to be protected from abuse.
The only winners are the FLDS men who can continue forcing young girls into sham marriages to be raped by old men, because the men have brainwashed everyone in the FLDS community to believe it is their religious right to do so.
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You'll see multiple lawsuits filed within a month.
Unfortunately, only the controlling old men who run the FLDS will ever see a dime of any settlements the FLDS may win.
The real victims, the abused children, won't see a penny. Uncle Warren's grip on them will be tightened even more as the FLDS kids are re-indoctrinated to erase anything they may have learned from the evil outsiders they were briefly exposed to.