Court overturns Texas' seizure of children from polygamists | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

National

Court overturns Texas' seizure of children from polygamists

John Moritz and Bill Hanna - Fort Worth Star-Telegram

May 22, 2008 01:54 PM

AUSTIN — The state agency tasked with protecting children from abuse failed to demonstrate that the more than 460 youngsters seized from a polygamist compound in West Texas were in imminent danger and overreached its authority by taking them from their families, an appeals court ruled Thursday.

'The existence of the FDLS (Fundamentalist Church of Jesus Christ of Latter Day Saints) as described by (the state’s) witnesses does not by itself put children of FDLS parents in physical danger,' the Texas 3rd Court of Appeals said in a nine-page ruling.

The impact of the ruling was not immediately clear. But it deals a setback to Texas Children Protective Services, which has said it had no choice but to take the children from the breakaway Mormon sect and place them into foster care.

The children have been in state custody since early April after officials received an anonymous call from a girl claiming to be 16 and pregnant and married to an abusive 50-year-old from the compound. Officials now believe the call may have been a hoax. But a state district judge in San Angelo had ruled that the children were to remain in state custody pending the outcome of additional court action.

Texas Rio Grande Legal Aid filed the appeal that led to Thursday’s ruling, which the organization lauded as a victory.

"The way that the courts have ignored the legal rights of these mothers is ridiculous,' said Julie Balovich, an attorney for the organization. “It was about time a court stood up and said that what has been happening to these families is wrong."

In its ruling, the appeals court ruled that the state agency failed to provide any evidence that the children were in imminent danger and acted hastily in removing them from their families.

Balovich said it was uncertain when the children would be returned.

'At this time, it is unclear when these families will be reunited,' Balovich said. 'Our attorneys have been reviewing the next legal steps that are necessary in this process. We remain dedicated to continuing to represent these women as this battle continues.'

Balovich said the court order gives District Judge Barbara Walther 10 days to vacate her original order or the appellate court will act on its own.

'I believe this order applies to all mothers and all children,' Balovich said.

Balovich said this ruling could be appealed to the Texas Supreme Court.

Texas Department of Public spokeswoman Tela Mange said the court’s ruling does not impact the criminal investigation into the YFZ Ranch.

'It is still continuing,' Mange said, who declined further comment.

Mange said the state is continuing to investigate the Colorado woman suspected of making the original calls that triggered the raid.

'Our investigation is ongoing,' Mange said. 'We have some items at the crime lab that we’re waiting on.'

Read Next

White House

HUD delays release of billions of dollars in storm protection for Puerto Rico and Texas

By Stuart Leavenworth

January 04, 2019 03:45 PM

The Trump administration has delayed release of $16 billion in disaster mitigation funds, prompting complaints from Puerto Rico and Texas, which are worried about the approaching hurricane season.

KEEP READING

MORE NATIONAL

Congress

Mitch McConnell, ‘Mr. Fix It,’ is not in the shutdown picture

January 04, 2019 05:14 PM

Congress

Here’s when the government shutdown will hurt even more

January 04, 2019 03:25 PM

National

Perry Deane Young, NC-born Vietnam War correspondent and author, has died

January 03, 2019 01:48 PM

Congress

Delayed tax refunds. Missed federal paychecks. The shutdown’s pain keeps growing.

January 03, 2019 04:31 PM

Congress

Sharice Davids shows ‘respect’ for Pelosi’s authority on Congress’ first day

January 03, 2019 03:22 PM

Congress

Joe Cunningham votes no on Pelosi as speaker, backs House campaign head instead

January 03, 2019 12:25 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service