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Texas Appellate Court Says State Lacked Grounds To Take FLDS Children Into Custody

By Howard M. Friedman

Thirty-eight mothers of FLDS children taken from the YFZ Ranch in Eldorado, Texas, have succeeded in their challenge to the taking of their children into state custody. A Texas state court of appeals today ruled that the Texas Department of Family and Protective Services "failed to meet its burden under section 262.201 of the Texas Family Code to demonstrate (1) that there was a danger to the physical health or safety of their children, (2) that there was an urgent need for protection of the children that required immediate removal of the children from their parents, or (3) that the Department made reasonable efforts to eliminate or prevent the children's removal from their parents."

In In re Sara Steed, et. al., (TX Ct. App., 3d Dist., May 22, 2008), the court said that DFPS failed to show any physical danger to boys or young girls, and as to older girls it showed only that they live among a group of people who have a pervasive system of belief that condones polygamy. It did not show that any of the specific children here were in danger from the beliefs. The court ordered the lower court to vacate its temporary orders granting sole managing conservatorship of the children to DFPS. It said it would issue a writ of mandamus if the lower court did not comply. CNN reports on the decision. (See prior related posting.)

UPDATE: The same court today issued a similar order in In re Louisa Bradshaw. et. al., a companion case posing the same issues. [Thanks to How Appealing for the lead.]

Full post as published by Religion Clause on May 22, 2008 (boomark / email).