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Texas court overrules CPS
Posted by: McQ on Thursday, May 22, 2008

A Texas appeals court says that the state's Child Protective Services jumped the gun when they took the FLDS children from their parents:
The ruling asserted that the state’s child protection agency acted hastily in removing the children from the Yearning for Zion ranch in April and did not make a reasonable effort “to ascertain if some measure short of removal and/or separation from parents would have eliminated the risk” of abuse toward the children of 48 mothers who filed the suit. The district court was ordered to remove its restraining order giving the state custody of those children, but it was not immediately clear how the hundreds of other children, now in foster care, would be affected.
That's all an interesting way of saying "the Texas legislature laid out all the rules CPS must follow before seizing children and CPS didn't follow them at all."

The seizure was based on an apparent bogus phone call:
The agency raided the ranch and the sect’s temple on April 3 after someone had called an abuse hot line and said that she was a 16-year-old child bride being abused by her older husband in the church’s compound. The caller has still not been found.
The court said that CPS did not provide sufficient proof that the children were in immediate danger.

One of the reasons there are procedures which must be followed is safeguard citizens from an abuse of power by the state. Yes, I understand the concern and the urgency that the agency may have felt concerning the possibility of abuse at the FLDS site. But they overstepped their bounds. Their concerns, based in insufficient proof, does not give the agency the right to abuse its power. Good call by the appeals court.
 
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Yeah Texas CPS deserves and should take it in the shorts on this and the head of CPS should resign based on not living up to their responsibilities, as well as anyone else involved in the original authorization to remove those kids. Taking those kids endangered them more then leaving them - (and if that unconfirmed rumor about an infant winding up in the hospital is true - wow that’s going to get ugly)

Here’s what I don’t understand - I know, 100% know, that if I call 911 and hang up the phone the police will be at the door within ’minutes’. Similarly if I call on a cell phone they may not know where I am but they know who’s phone called - How can the ’caller’ not yet be identified?

They MUST know where the call originated - and that information is going to come out and how much do you want to bet it wasn’t a cell and it wasn’t a house on that ranch... and when you consider the millions in damages that are going to be at stake in the civil trial the State is going to have one more problem when it potentially turns out that it was someone who’s been harassing these people because they don’t agree with their beliefs, and that the state has known it since the 911 call first entered the system.

The really unfortunate thing is that the people on that ranch are about to get a huge monetary donation from the State of Texas. Not only is this going to have not accomplished what those who did it hoped - it is going to strengthen this group.
 
Written By: BIllS
URL: http://bills-opinions.blogspot.com
well, at least they didn’t gas em and burn em this time.
 
Written By: kyleN
URL: http://impudent.blognation.us/blog
well, at least they didn’t gas em and burn em this time.
Yeah, but this time it was Texas, not the feds . . .
 
Written By: Don
URL: http://
if I call 911 and hang up the phone the police will be at the door within ’minutes’
My phone box is outdoors and during the rainy season the terminals corrode and sometimes introduce line noise weird enough that the phone system interprets it as a 911 call.

Sure enough, the police show up, and when I answer the door they ask me a lot of questions to be sure that I’m not being held hostage. This has happened twice.
 
Written By: huxley
URL: http://
In my opinion where they went wrong was taking ALL the childred from their parents. As usual government goes overboard; usually for CYA it would appear
 
Written By: AMR
URL: http://
"They MUST know where the call originated "

And they must know by now that it DIDN’T originate in the church’s compound. Have they even found the alledged 16 year old complainant? Any complainant?



 
Written By: timactual
URL: http://
The caller will have to show up in Denver in a few months as she was identified as an Obama delegate.
 
Written By: Neo
URL: http://
To be more precise, the police were seeking a woman, who is an Obama delegate, for questioning in regard to the call that initiated the police assault on the religious compound in Texas.

The woman has be described as "obsessed" with the goings ons of the FLDS.
 
Written By: Neo
URL: http://
While there have been many alogations about weird sexual practices in regard to the FLDS, you think that a little "normal preceudre" might go a long way.

The assult on their compound, that looked like a reenactment of Waco, was way over the top. Just because they’re different.

Every time I read about this, I keep having a vision of some wacko calling in the State Police to raid the homes of the Amish. Just because they’re different.

But, hey .. is for the children.
Isn’t that beginning to sound like I was just obeying orders ?
 
Written By: Neo
URL: http://
To be more precise, the police were seeking a woman, who is an Obama delegate, for questioning in regard to the call that initiated the police assault on the religious compound in Texas.

The woman has be described as "obsessed" with the goings ons of the FLDS.
Am I simply dense and not getting the joke, or are you serious?
 
Written By: Don
URL: http://
"Yes, I understand the concern and the urgency that the agency may have felt concerning the possibility of abuse at the FLDS site."

Really? Let’s try something like, "Yes, I know Reno-esque stalinists advancing their political careers when I see them."
 
Written By: Just Visiting
URL: http://

 
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