Court: Sect Kids Must Be Returned Home

Texas Supreme Court Upholds Lower Court Ruling, Says Welfare Officials Overstepped Their Authority

(CBS/AP)  In a crushing blow to the state's massive seizure of children from a polygamist sect's ranch, the Texas Supreme Court ruled Thursday that child welfare officials overstepped their authority and the children should go back to their parents.

The high court affirmed a decision by an appellate court last week, saying Child Protective Services failed to show an immediate danger to the more than 400 children swept up from the Yearning For Zion Ranch nearly two months ago.

"On the record before us, removal of the children was not warranted," the justices said in their ruling issued in Austin.

The high court let stand the appellate court's order that Texas District Judge Barbara Walther return the children from foster care to their parents. It's not clear how soon that may happen, but the appellate court ordered her to do it within a reasonable time period.

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Read the majority opinion here.
Read the dissenting opinion here.

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The ruling shatters one of the largest child-custody cases in U.S. history. State officials said the removals were necessary to end a cycle of sexual abuse at the ranch in which teenage girls were forced to marry and have sex with older men, but parents denied any abuse and said they were being persecuted for their religious beliefs.

Texas child protective services had argued that it removed the children without a court order because there was an urgent need to protect them from what was termed a pervasive culture of physical and sexual abuse, where underage marriage and pregnancy was common, and that the children were all part of one big household and therefore one child at risk, put them all at risk, reports CBS News Correspondent Hari Sreenivasan.

"This is not a slam dunk ruling," says CBS News legal analyst Andrew Cohen. "It allows the state to separate children from sect members it alleges to have harmed children and ensure that the children are not removed from the court's physical jurisdiction. So this still gives Texas some cards to play."

Every child at the ranch run by the Fundamentalist Church of Jesus Christ of Latter Day Saints in the west Texas town of Eldorado was removed; half were 5 or younger.

CPS officials said they were disappointed by the ruling but would take immediate steps to comply.

"We are disappointed, but we understand and respect the court's decision," the agency said in a written statement.

FLDS elder Willie Jessop said parents were excited about the court's decision but would remain apprehensive until they get their children back.

"We're just looking forward to when little children can be in the arms of their parents," he said. "Until you have your children in your hands, there's no relief. But we have hope."

Standing outside the Texas Supreme Court building with attorneys for the families, Martha Emack, mother of a 2-year-old and a 1-year-old, echoed that sentiment.

"I'm happy (when) all the children are back to their mothers and we're home," said Emack, whose children have been staying at an Austin children's shelter.

The case before the court technically only applies to the 124 children of 38 mothers who filed the complaint that prompted the ruling, but it significantly affects nearly all the children since they were removed under identical circumstances.

The Third Court of Appeals in Austin ruled last week that the state failed to show that any more than five of the teenage girls were being sexually abused, and had offered no evidence of sexual or physical abuse against the other children.

The FLDS, which teaches that polygamy brings glorification in heaven, is a breakaway sect of the Mormon church, which renounced polygamy more than a century ago.

Roughly 430 children from the ranch are in foster care after two births, numerous reclassifications of adult women initially held as minors and a handful of agreements allowing parents to keep custody while the Supreme Court considered the case.

Texas officials claimed at one point that there were 31 teenage girls at the ranch who were pregnant or had been pregnant, but later conceded that about half of those mothers, if not more, were adults. One was 27.

Under Texas law, children can be taken from their parents if there's a danger to their physical safety, an urgent need for protection and if officials made a reasonable effort to keep the children in their homes. The high court agreed with the appellate court that the seizures fell short of that standard.

CPS lawyers had argued that parents could remove their children from state jurisdiction if they regain custody, that DNA tests needed to confirm parentage are still pending and that the lower-court judge had discretion in the case.

The justices said child welfare officials can take numerous actions to protect children short of separating them from their parents and placing them in foster care, and that Walther may still put restrictions on the children and parents to address concerns that they may flee once reunited.

[cfin5]

They''re gonna sue the pants off of the State of Texas.

[susanhelit]

They''re going to lose. They put their children under the control of a pedophile, they should lose their children. It applies when it''s a single mother who insists on living with her *** offender boyfriend, and it applies here. The appeals court was simply wrong.

[beehive21-2009]

The State of Texas Blew it ,now trying tactics to get out of paying American Citizens for Violating Constitution,rights , etc., The Texans are hurting the children, going against a direct court order to return the children .What would happen if you or i did it ,? we''d be locked up,huh. So, lets round up the Sheriff ,Judge,DA and put them in Jail where they belong and let this be a lesson if you violate an Americans Civil Rights, you go to Jail.Texas is a disgrace to freedoms that our forefathers fought and die for even today still dying for freedom and the State of Texas continues to walk on us, the American Peoples rights.

[scottyusa]

They''''re going to lose. They put their children under the control of a pedophile, they should lose their children. It applies when it''''s a single mother who insists on living with her *** offender boyfriend, and it applies here. The appeals court was simply wrong.


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Posted by SusanHelit at 03:56 PM : May 29, 2008

I disagree. I am sure that the sect broke many laws and it needs to stop. In most sensible states there would have been an investigation AND THEN some arrests of people that they could actually prove broke the law. That is how it works in america. They did all this on an anonomous phone call and did not find the victim there. That is when they should have left and started an investigation. How would you like it if someone called DCF on you because they were mad about something and the state came and took your children with no questions asked and kept them until you were proven innocent? This is the same thing but on a grand scale. Texas citizens are going to pay dearly for this one.

[culturechang]

But thanks to a recent Supreme Court ruling, they can still use evidence gained by this illegal search and seizure in prosecution. Expect to see this happen a lot more frequently with court ruling that throw our Constitutional rights down the toilet.

[culturechang]

cfin5, I dont think they have any recourse against the state. You cannot sue the police for destroying your house in an invalid search warrent.

[funkiwiteboy]

maybe God was just testing them? ya know to see what they''ll do about it...

[zykracosmos]

Scottie said it best...

[beader59]

Religion is such a wonderful thing. Our courts have now sent the worse possible message. Rape and abuse the children and it is alright with god and the law. This makes me sick.

[irliberal]

I imagine there will be a few job openings in the Green County sheriff''s office/police dept. It''s amazing that in such an obviously volatile situation that they didn''t have all their ducks in a row before moving in with tanks and taking all the kids. I''m not saying that the polygamists are or are not doing anything wrong, I''m just saying that the police did NOT do a good job and that''s why this failed.

[deacon20081]

Count Down begins for the Mass Kool-Aid drinking contest at the FLDS Ranch...the court should be proud

[haoli25]

Big party in West Texas TooooNight!

[culturechang]

PEOPLE LISTEN!! With a recent Supreme Court ruling, they can still prosecute for crimes committed even if the search was illegal. This is totally new. Police and prosecutors have never had this before in the history of the US until now. THEY CAN STILL PROSECUTE IF CRIMES HAVE BEEN COMMITTED. Man poeple are hard headed.

[moonshadow22]

Finally somebody read the constitution of the US. These people were unfairly targeted and justice for them was not served. As of today, no specific instances of abuse have been addressed. Even if some isolated instances of abuse are identified, that does not implicate every family in the church. If the same standard that was used to "protect" the FLDS children were to be applied to the Roman Catholic Church of today, then if Father X was found to have molested altar boy Y, is it reasonable to place all of the children in that Parish in protective custody?

[cpaide]

"Texas Child Protective Services lawyers have argued that parents could remove their children from state jurisdiction if they regain custody..."

no kidding. any parent with common sense will want to remove their children from texas, home of the KLK (krazy lesbians kult), which is still trying to farm out the morman children to infertile lesbian couples throughout texas.

you can bet that several of the children will go "missing" and will never be returned to their parents. texas--not the mormans--has a BIG accountability problem with children and has got some ''splaing to do.

[zertrat]

The tired old justification for religion is that it provides people with the basis for morality. Of course, this justification is backwards and inside out. Religious fanaticism leads to rape culture in Texas, to planes crashing skyscrapers in NY, to the killing of tens (or hundreds) of thousands of Muslims by Christians in Iraq. Also, don''t forget the Balkan wars, Ireland, or onging problems in the horn of Africa and Tibet. Or the broad canvas of history in general. Religious people tend to fight education about science and world cultures. People who are non-religious by choice tend to be highly ethical. They have a code of conduct based on what is good for their fellow human beings, not what is good for a magical spaghetti monster in the sky. Reality good. Supernatural mumbo jumbo bad.

[cpaide]

"The appeals court was simply wrong."
Posted by SusanHelit

no, the appeals court and the supreme court are right. YOU and the KLK (krazy lesbians kult) are wrong.

you have only made-up allegations that you cannot prove. but you''ll keep whining, won''t you? wha, wha, wha!

[cozzicon]

SANITY!

I''m so happy to hear this.

[barbaraf4]

Finally, these decent people can live in peace.

[voidmaster-2009]

At last, some common sense and some justice.... It is so overdue.

[lamotte4]

deacon20081 and beader59, they should take all of the idiots that were involved in taking these kids plus throw your stupid a-ses in with them and shoot your dumb a-ses.

[cpaide]

"With a recent Supreme Court ruling, they can still prosecute for crimes committed even if the search was illegal."
Posted by CultureChang

ya, but what you and the other KLK (krazy lesbians kult) members here don''t admit is that FIRST, you need a REAL crime--not just unsubstantiated allegations or a "hunch". use your brains people. you sound like brainwashed cult members. oh, you ARE brainwashed cult members.

[makili217-2009]

These children are being sent back into a pedophile heaven. The women of this cult are too weak and abused to stand up and protect their own children. How sad.

[zertrat]

Dear cpaide,
You have some issues. In the whole landscape of this story are lesbians the most evil thing in sight? If so, they must be really evil nasty scary!! Calm down and mellow out. We really do not want to see WW III between Texas and the Mormons. Oh wait. Maybe we do.

[cpaide]

"Count Down begins for the Mass Kool-Aid drinking contest at the FLDS Ranch"
Posted by deacon20081

you first, dear.

when are you KLK (krazy lesbians kult) members going to quit whining and realized that you''re all full of dirty filthy snot?

you''re wrong; the mormans are right. end of story.

[sspaur]

Just like I said when Texas took the kids, they overstepped their authority. Now the courts agree!! at least some Texas officials have some common since. I guess the parents who send their kids to Cathloic schools are safe now

[rowdywicca]

ya, but what you and the other KLK (krazy lesbians kult) members here don''''t admit is that FIRST, you need a REAL crime--not just unsubstantiated allegations or a "hunch". use your brains people. you sound like brainwashed cult members. oh, you ARE brainwashed cult members.


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Posted by cpaide at 06:20 PM : May 29, 2008

Nope, sorry, CPS has the legal authority to act on even a whisper of child abuse, which is what they did.

And I suspect the children will be returned to the parents when CPS has absolute proof that they have not been abused.

I also suspect that CPS will be involved in counseling these individuals as to their freedoms under the law, and by educating them to the fact that their religion is not above the law of the land.

In any case, it was a good thing, what they did. It will put these old perverts on notice that someone is watching, and should they try to keep forcing these girls into *** with these perverted old bastwards, they''ll shut them down again.

[vietnam21]

uh which one is my kid

[denn034]

FROM THE STORY: "CPS says it took the children into custody because the Fundamentalist Church of Jesus Christ of Latter Day Saints, which runs the ranch, was forcing girls into underage marriage and ***. The agency said the sect''s beliefs put all the children, including infants and boys, in danger. Parents and church officials deny any abuse." One need only talk to the Lost Boys in Utah that the FLDS kicked out for disobedience and being a threat to older men''s access to little girls to see that Texas CPS is right about their assertion (i.e., one Lost Boy confirmed such to an NBC affiliate in Utah in a televised interview after all, one fails to see how that''s not evidence). Did not Jeffs get successfully prosecuted for arranging a marriage between an underaged girl and a much older man? Come on now, people!

[cpaide]

Posted by zertrat
Posted by makili217

spoken like true mentally-deranged lesbians. but now i''m being redundant, yes?

you can''t stand to see real intelligent women without makeup, hair extensions, fake boobs and snotty attitudes like your soap opera idols that you never fail to worship on the television.

which brings up another question: do you really have time to watch soap operas AND whine about the mormans on the internet all day long?

please get day jobs, like the morman women.

[rudy654-2009]

Posted by RowdyWicca at 06:26 PM

Isn''t it just awful not to be able to take mob action and hang all these people? Isn''t it just awful that a Constitution gets in the way of denying due process? Don''t you just wish you could rip up that Constitution?

[rudy654-2009]

I guess the parents who send their kids to Cathloic schools are safe now


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Posted by sspaur at 06:25 PM


Darrnn! That Constitution getting in the way!

[rowdywicca]

These men have four or fives wives and polygamy is against the law...it will make them straighten up this krap...

It will also bring on an audit of welfare fraud from these people who can''t even prove up which kids belong to whom!

[ajane21]

These children are in danger and the only chance of them having a normal life is to be seperated from this life style before it''s too late and they have no chance of ever understanding any other way of life. These mothers are not bad people however they don''t know any other way of life. The way they are raised is not okay/healthy. It''s sad actually. They are going to lose the opportunity to ever learn, laugh. play grow outside of these walls that they live in!!! There is so much more to life then they teach these people and now there poor children will never find out!!

[peevdprophet]

Considering that the FLDS did everything in its power to cloak the identity of the children''s parents to the point that DNA testing was required, it can still take a considerable amount of time for the courts to review the DNA findings to insure the correct child is returned to the proper parents.

And this trial opens the scope of investigation into this organization as the money required to support it is far greater than what the organization reports in earnings, that even the taxes on the property far exceeds what this romper room compound can earn by itself and its supposed self sufficiency.

[cpaide]

Posted by RowdyWicca

you''re clueless. the texas supreme court ruled that the Child "Protective Services" acted on unsubstantiated allegations (or as you say "a whisper") and thereby overstepped its bounds.

your other "suspicions" are incorrect, as you can see if you will read the supreme court decision. the CPS will do no more "counseling" (they would need qualified personnel for that), and they will return the children within a reasonable amount of time, without conditions.

read the decision BEFORE you post, people.

[rowdywicca]

Posted by RowdyWicca at 06:26 PM

Isn''''t it just awful not to be able to take mob action and hang all these people? Isn''''t it just awful that a Constitution gets in the way of denying due process? Don''''t you just wish you could rip up that Constitution?


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Posted by rudy654 at 06:28 PM : May 29, 2008

Due process was taken. They will get their children back once it is proven they have not been sexually abused.

The Supreme Court action will only make the lower courts more determined to prove up their stance.

[cpaide]

"These children are in danger and the only chance of them having a normal life is to be seperated (sic) from this life style before it''s too late and they have no chance of ever understanding any other way of life."
Posted by ajane21

i agree. let''s start with your darling little $hit-@$$ kids. take away their nintendo, ipods, cell phones, mtv, etc. etc. and teach them to live as intelligent, dignified human beings.

guess we won''t be needing you for that.

[ryanjcooper]

Children getting brainwashed from birth so they can be forced into polygamous marriages, raped and mentally abused by pedophiles under the guise of freedom of religion. Now, with the tacit approval of the state! I think the Texas board of tourism hit the nail on the head with their slogan "It''s like a whole other country!" Sure doesn''t sound like America to me.

[cpaide]

Posted by Peevdprophet

you are entirely ignorant of the morman people''s financial situation. all you have are unsubstantiated allegations of welfare fraud, etc.

why don''t you spend your time fighting welfare fraud by illegal immigrants? their fraud has been documented and substantiated by numerous authoritative sources. or maybe you''re concerned that you might get swept up in the investigation, yes?

[rowdywicca]

Posted by cpaide at 06:33 PM : May 29, 2008

No, you need to read it...

"The high court let stand the appellate court''s order that Texas District Judge Barbara Walther return the children from foster care to their parents. It''s not clear how soon that may happen, but the appellate court ordered her to do it within a reasonable time period"

Reasonable time is to be defined by the CPS who is definitely not going to act hastily to give these children back to these perved old goats.

[ryanjcooper]

Texas tourism boards slogan: "It''s like a whole other country"... Let''s see... brainwashing, rape, paedophilia, polygamy, and institutionalized mental abuse with the tacit approval of the state. Sounds like America to me.

[cpaide]

"Sure doesn''t sound like America to me."
Posted by ryanjcooper

of course, dear. america is so pure and good. never mind the fornication, adultery, homosexuality, etc., etc., etc.

america. that''s funny.

[rowdywicca]

Posted by RowdyWicca at 06:26 PM

Isn''''t it just awful not to be able to take mob action and hang all these people? Isn''''t it just awful that a Constitution gets in the way of denying due process? Don''''t you just wish you could rip up that Constitution?


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Posted by rudy654 at 06:28 PM : May 29, 2008

C''mon, Rudy, get all your young girls together and go join up! See which one of the pervted old goats gets their hands on them first. They''re just salivating for new virgin recruits.

C''mon Rudy...*** the Constitution and get your girls packed up and take ''em out there and abide by the Constitution that allows them freedom of choice...and then let them decide their fate...maybe they''ll ''marry'' them off to two or three of those old perverts.

[cpaide]

Posted by RowdyWicca

all that you''re doing is quoting what i said in the first place.

except for your incorrect assertion that the cps defines what "reasonable" means. they (like you) obviously have no idea what reasonable is.

read the supreme court decision again and then the appellate court decision. if you have 1/2 a brain, you''ll come across the answer. i think you will--but then again, i''m a real big optimist.

[vietnam21]

That is, I''m moving to Texas and change my religious and get marries...

[michellem99-2009]

Madam ,if ye think ye could do a better than the state please step up to the plate and do so. Other wise the children are best in the family homes that can do a better job than a foster parent.

[cpaide]

This whole episode was instigated by the founding members of the KLK (krazy lesbians kult), who conspired to provide a false police report that resulted in the raid on the Texas Mormons.

The objective of the KLK (whose members include the Texas social workers and trial judge on the case) is to obtain the humble, white Mormon children and adopt them out to infertile lesbian couples, and that is happening right now, in spite of the Texas Supreme Court ruling.

Once these kids are in the hands of the KLK, they''re told there is no such thing as too early for ***. Whenever the head lesbian tells them to go ''marry'' an old lesbian, that''s who they''re given to. They''re groomed to be pedophile fodder. Information presented shows that they''re given to be concubines (not wives - lesbians can''t have wives) at puberty or before, and have un-natural $ex while still children themselves.

[ryanjcooper]

cpaide... that''s what I meant.. i was trying to be facetious i guess. Tried to repost, but now I just look like I''m confused... aw skrew it! I think I''ll go start a religion. Wanna join?

[rowdywicca]

all that you''''re doing is quoting what i said in the first place.

except for your incorrect assertion that the cps defines what "reasonable" means. they (like you) obviously have no idea what reasonable is.

read the supreme court decision again and then the appellate court decision. if you have 1/2 a brain, you''''ll come across the answer. i think you will--but then again, i''''m a real big optimist.


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Posted by cpaide at 06:44 PM : May 29, 2008

If you had half a brain, you wouldn''t be supporting a lifestyle that rips freedom of choice from these young girls!

If you had half a brain, you wouldn''t be supporting rape! And you wouldn''t be supporting that this group of perverts has rights above the law to force young girls into marriage.

If you had half a brain, you couldn''t support a bunch of old perverts kicking out all the young boys so that they have no competition for each new virgin that becomes available.

By your posts I suspect you don''t even have half!

The Supreme Court Action has only knocked down THIS case...but when they come back with their proof when they get get it...the law of the land will prevail.