Court orders many of sect's children returned to their parents
May 23, 2008
Robert T. Garrett and Emily Ramshaw - The Dallas Morning NewsIssue date: 5/22/08 Section: Real News
AUSTIN, Texas _ A Texas state appeals court ordered many though perhaps not all of a polygamist sect's children returned to their parents Thursday, saying Texas failed to prove they were in physical jeopardy and urgently needed to be separated from their families.
The mere existence of a belief system that may condone polygamy and "spiritual marriages" involving underage girls is not by itself enough evidence to justify the removal of some 460 children from the sect's ranch, said a three-judge panel of the Austin-based 3rd Court of Appeals.
In their unanimous opinion, Republican judges Kenneth Law, Robert Pemberton and Alan Waldrop said Child Protective Services had to show every individual child was at imminent risk of physical harm and simply had to be swept into foster care. The Texas state agency instead offered only sketchy evidence to a trial court last month _ and none about whether it explored less intrusive ways of protecting kids, the judges said.
CPS, represented by the state attorney general's office, could appeal to the Texas Supreme Court. Both state agencies were tight-lipped about their plans late Thursday.
On its web site, CPS said, "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 Attorney General to determine the state's next steps in this case."
Meanwhile, members of the Fundamentalist Church of Jesus Christ of Latter Day Saints and their lawyers exulted.
"It's just the most unbelievable ..." sect spokesman Willie Jessop, reached moments after he learned of the court's decision, said, his voice breaking with emotion. "It's beyond words right now."
While sect members "are elated," Jessop said there "won't be any celebration until little children are hugging their parents."
In their nine-page opinion, the appellate judges refrained from blistering CPS but nonetheless demolished its legal rationale for removing all children from the sect's Yearning for Zion ranch in Eldorado after an April 3 raid.
The mere existence of a belief system that may condone polygamy and "spiritual marriages" involving underage girls is not by itself enough evidence to justify the removal of some 460 children from the sect's ranch, said a three-judge panel of the Austin-based 3rd Court of Appeals.
In their unanimous opinion, Republican judges Kenneth Law, Robert Pemberton and Alan Waldrop said Child Protective Services had to show every individual child was at imminent risk of physical harm and simply had to be swept into foster care. The Texas state agency instead offered only sketchy evidence to a trial court last month _ and none about whether it explored less intrusive ways of protecting kids, the judges said.
CPS, represented by the state attorney general's office, could appeal to the Texas Supreme Court. Both state agencies were tight-lipped about their plans late Thursday.
On its web site, CPS said, "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 Attorney General to determine the state's next steps in this case."
Meanwhile, members of the Fundamentalist Church of Jesus Christ of Latter Day Saints and their lawyers exulted.
"It's just the most unbelievable ..." sect spokesman Willie Jessop, reached moments after he learned of the court's decision, said, his voice breaking with emotion. "It's beyond words right now."
While sect members "are elated," Jessop said there "won't be any celebration until little children are hugging their parents."
In their nine-page opinion, the appellate judges refrained from blistering CPS but nonetheless demolished its legal rationale for removing all children from the sect's Yearning for Zion ranch in Eldorado after an April 3 raid.
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