New FLDS UpDate

The Texas Supreme Court affirmed yesterday that state officials should not have seized scores of children from the ranch compound of a polygamist sect, agreeing with an appellate court that the group’s beliefs were not, by themselves, proof of abuse.

The decision, issued yesterday afternoon in Austin, did not immediately bring the release of the more than 460 children of the Fundamentalist Church of Jesus Christ of Latter Day Saints compound near Eldorado, Tex. But it did seem to make that outcome very likely. Child-protection authorities said yesterday evening that they would comply if the trial court judge ordered the children returned.

Because the case involves state law, not federal statutes, legal experts said the Texas Supreme Court was as high as an appeal could go. That court agreed with a decision last week by the state Court of Appeals for the Third District, which rejected arguments at the heart of the state’s case.

“On the record before us, removal of the children was not warranted,” the nine-judge Supreme Court ruled. The court found that the protective services department had removed all the children after an April 3 raid, disregarding less-drastic options. “The Family Code gives . . . broad authority to protect children short of separating them from their parents and placing them in foster care.”

As I have said in the past, I am not a follower of the FLDS, but I also see this as a civil rights situation and IMO the Texas Supreme Court has made a good decision.

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