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.

[yongamerica]

We are talking about an Old West mantality, they dont put up with anything.

Texas is full of kooks and the one serving as president is a prime example. The number of wacko religous cults that seek sanctuary in Texas is enormous. Texas has more crazy fanatical cults in its boarders than any other state. You don''t have to come from Waco to be a Wacko in Texas.

[yongamerica]

Ayman Al-Zawahri said in April on the Internet audio recording, a woman''s role is limited to caring for the homes and children of al Qaeda fighters.

This is one common belief the FLDS and al Qaeda share.

Little girl, stay home, bare foot and pregnant

[gaye5]

CerberusII, I am not talking about sexual abuse although it does appear that when a 16 year old is on her 3rd child that it is not good, I am talking about breaking the law, it is called polygamy, more than one wife or husband..
They have broken the law for goodness sake, and it looks like no one is going to bother to do anything about it.. so lets start by me marrying three men eh, I am quite able to keep up with all of them and definetly out run them, and I can become rich from all their wages, and I only have to have three children, one to each man.. sounds good to me..polygamy in reverse.. and as I am tall and am told that I am good looking maybe I could add to that when we need more money for something, sounds more sense than a man having many wives, he cant keep up with the women and make them all happy all the time..

[jmic1980]

Pedophiles of the world just move to Utah or Texas, and you will be protected.
******************************************************
Michael
Comprehensive resources for those looking for recovery from addiction. http://www.addictionrecovery.net

[pensacola88]

Another dysfunctional finding about the ineffective state legislature.

The State of Texas does not have a full time legislature. They convene every two years for 90 days. There is little time to address and upgrade penal code or jurisprudence procedure.

This condition makes Texas a haven for criminal activity that goes unprosecuted. Country governments attempt to overstep their constitutional authority to make up for the shortcomings of the state.

The governors of 47 states in this country have more authority than the governor of Texas.

Texas means tough talk and soft teeth where interstate criminal activity is concerned. They depend too much on Federal laws and courts to keep the career criminals in court.

[cerberusii]

Agreed that the word ''abuse'' can be described in many different forms based on the perception and the sociological upbringing of the individual, and I must agree with you that the thirst of the mind to seek knowledge cannot be contained by the walls of a temple of the seclution of a sinagogue. All these children have just gone through an ever lasting experience that will never leave them, and I am willing to wage that, as these kids mature, they will seek to live on the ''other side'', they''ve experienced things that most children their age practice and understand. We must not lament that this kids are going back to their parents, since family is all we got no matter how it was established. I understand that the past is ephemeral and thus we must continue to try and support those who will choose to come out of this particular lifestyle. The seed of change has already been planted in these children by the simple exposure to the outside and the elders will not be able to contain the volatile reaction that should unfold as these young minds seek and grow, otherwise we''ll really have a case of abuse to prosecute in the near future.

[ahrats]

Spare the rod and spoil the child. Abuse can come in many forms not just physical or sexual. Are the poeple of the church allowed to leave at any time? does a 14 year old have the right to divorce there husband in this church? Have any person of the waco church been to New York City? Separating oneself with the world around them is not progress, the past is ever fleeting, and one can not stop a young mind from learning no matter how much you try to keep them isolated.

[cerberusii]

All of you self righteous, self-centered individuals need to relax! Abuse has not been proven! and I''d like to know how many of you puritans can offer any of these children a better living environment than what they had in the compound. Free from the outside influence of the media and the mediocracies of our education system. Most of the children''s care takers have express their admiration for the discipline and health that the children are in, and wished that their OWN kids could be like them,..how many of you can say that about YOUR own offspring?? Cast the first stone if you feel that you can, but in reality none of us can, and given the fact that the compound was raided on a false tip only adds to the embarrassment of the Texas Judicial and Child Protective Systems. Their lifestyle is alien to most of us but how can we criticize their behavior when we are allowing *** to wed? Jump off your pedestal of greatness and quit being a couch coach. Not one of you could survive a week in a strict and discipline environment these individuals are living in.

[gaye5]

kansas1946, you said that the young men were kicked out.... what LUCKY boys, they were in effect saved...

And what about their mothers, what normal mother would allow anyone to kick their boys out, dont they have a brain to see what is going on, young boys kicked out while old men stay in for the meat..

It is a sad time when people feel that it is ok to have polygamy and abuse children who cant protect themselves..

[gaye5]

amaski, you said....I personally am distraught about these children returning home. My opinion is not based on their religion or faith, but of the parent''s lack of judgment as to how to protect their children....
And I feel that you are spot on, some here would like them to be returned to the same situation as before.. it is a parents job to protect and nurture their children and to let a child be married to some old dude at 16 is just not on let alone be pregnant..
There can be no other explanation other than they are breeding children for s''x. I do however feel that their mothers should have been able to stay with the children but keep them all in a secure place. Having taken them away from their mothers will just have added more trauma to their situation.. Even be it that their mothers obviously dont care about protecting them from old men..

[krisd999-2009]

If one kid is alleged molested in the state''s foster care system, how are we to know more will not be molested. Take all kids away from the state''s foster homes! That''s the groupthink logic.

[gaye5]

Thanks Michelle, as you know, I am Australian and I really knew that it was not ok in America as it isnt in any western country, but I have wondered as to why has something not been done about the polygamy many many years ago, I had heard 30 years ago that there was clusters of Mormans living polygamy lives in America.. and I agree with those who say it is just an excuse for *** orgies under the name of religion.. they all should be taken into custody for polygamy as well as the child abuse alligations, it is just that the polygamy is the most obvious..
Sorry that you were brought up in this hell..

[tbweb]

We are a nation of Laws and the Court has spoken! But the bigger story here is groups like this living within American borders who think they are special, who think they are exempt, who think they don''t need to serve in the military or integrate into society or associate with other Americans, who want to enjoy all of America''s benefits and freedoms without contributing to them! Most of these people don''t even work, hold jobs but still receive Public Welfare, something has to be done about that, these people are clearly taking advantage and manipulating the system! There is no free lunch, even when hiding behind religion or the bible!

[sunny63-2009]

Are you crazy are blind --the men are not gone ! man stupid you need to wake up and get over your selfish ness! and care about someone elses welfare--lets put all you in there ok?

[wlmrtpatriot]

The men are gone. Get over it. Send these women and children home before they are totally mistreated within the foster parent program.

[sunny63-2009]

I guess the cat has the long toung now

[sunny63-2009]

My! no comment now --did you have a brain *** and decide it might be wrong for these deveats to have control!I sure think it is WRONG for them to be put back in this *** ! People get real upset when an animal is miss treated -but you want these kids put back with these abusere ! WOW real fine people

[michellem99-2009]

Dear Gaye5
Marriage is
Man and wife. That is the way I was raised. Of age means 18 and older. I was not raised in the church . Gaye I do know in this nation ye have one spouse only. They can believe as they see fit BUT they broke the law. No church is above the law. They can prove alot today thanks to computers. I pity the females as they ARE told their place and they Will keep mouth shut. The teen boys are tossed in the street. I was a mormon and I was treated like dirt. I was told to shut my mouth. I told them I have a right to speak and I later told them I will not give them money. I walked AND told them ye will lose 2 people. We are ex mormons. Thw old men are child abusers. They are cut off from the real world. I was brain washed and it took years to unlearn alot of things. I had to be deprogrammed and my friend was the one that did.

[sunny63-2009]

Boy there are some nuts here if you think that religion has anything to do with OLD MEN having young girl as *** objects !!This world is a sick puppy if they think that is fun !!!Just ask any girl that has had an OLD MAN try to make out with her !! Been there no fun !!@!

[ontheleft]

I didn''t follow this story closely, but only in extreme cases should the government have the power to take children away from their parents.

These people are from a religious sect that has different cultural norms than the mainstream population, just like the Amish and the Quakers have different norms.

I think polygamy should be legal as long as it''s consensual. It isn''t the government''s business what personal relationships people decide to have with one another, including getting married and having children at a young age.