Texas warns that FLDS families could flee state

[madmusic]

Source: The Associated Press

AUSTIN — The families with children seized from a polygamist sect's ranch could flee Texas and out of state jurisdiction if an appeals court ruling is allowed to stand, Texas child welfare authorities argued Tuesday.

Child Protective Services lawyers have asked the state Supreme Court to block a lower court's decision that said putting the children from the ranch in state custody was improper. The Third District Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds under Texas law for taking children from their parents without court action.

In updated filings with the Texas Supreme Court, CPS lawyers argued Tuesday that if the custody orders are rescinded and the mothers take the children out of state, "no Texas court would have any authority to enter any orders to protect these children."

The families could take refuge in Hilldale, Utah, or Colorado City, Ariz., the area where the Fundamentalist Church of Jesus Christ of Latter Day Saints is based.

Read more: http://www.chron.com/disp/story.mpl/ap/tx/5803808.html

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This appears to be the State's strongest argument yet. Still, Texas law requires they have proof of physical abuse of each child or the imminent danger of physical abuse to each child before taking the child. The flaw was calling the ranch a single dwelling. A minor being pregnant is strong legal evidence of physical abuse. Duh. They did it backwards and hoped the DNA will establish the evidence they need on everyone else. It won't, not on everyone. Many families are monogamous. Others have only been there for a short time. DNA will not prove anything against them so they still did it backwards for many of the families and children. There was only evidence to remove 1 - 5 girls. They should have removed the 1 - 5 girls, taken the DNA of everyone, then raided the ranch after they got evidence with the DNA results, if they do. That, at least, would be obeying Texas law. CPS claims they did not know who was who, but then accepted the same proof of age, identification and marriage later in court.

What a mess.

[LSparkle]

1. They might even flee the COUNTRY ... there's an FLDS settlement in Canada

Somewhere in either B.C. or Alberta ... I don't personally
feel comfortable with the way they live their lives, but I'm
also uncomfortable with the way the state overreached in
this case. This entire situation has been badly handled ...

[SlipperySlope]

2. I wouldn't blame them for getting the hell out of there.

The State has gone insane, seizing children without any evidence of harm.

The last Texas would see of me and my family are our tail-lights.

[kestrel91316]

3. Pregnant minors is evidence of harm.

[EFerrari]

4. But without due process, they risk giving the perps a way to weasel out.

My position is, go after them -- but do it right.

[High Plains]

13. How many of those do they now claim to have?

Five? Eight? I'm a little confused. In either case, it seems a stretch to seize every kid, as the appeals court ruled.

[PSPS]

5. No evidence of harm?

Perhaps you've been off the planet for a while, but 16-year-old girls with three children and pregnant 13-year-old girls pretty much puts that ridiculous assertion to rest.

Also, you should look at last weeks CPS filings with the court. Included was a picture of Jeffs frenching a 13-year-old on their "one year anniversary."



This raid and subsequent action was more than justified. The state has no business forcing these victims to be returned to their abusers.

[madmusic]

7. There was no pregnant 13-year-old

Guess the facts aren't bad enough so it is necessary to invent some.

Here is the mothers' reply to Texas (pdf):

http://www.supreme.courts.state.tx.us/ebriefs/08/08039105.pdf

[JeanGrey]

11. Every time I see this photo I throw up a little in my mouth.

How anyone defends this is beyond me.

[WolverineDG]

12. It's called the Constitution & the Texas Family Code

If you don't like that, vote Republican.

As for the photo, that's evidence against Warren Jeffs & perhaps the parents of the girl, but no one else.

dg

[9119495]

6. The last bunch of religious idiots to flee Texas ended up in the Whitehouse.

I'd check there if they disappear.

[madmusic]

8. Good one!

:rofl:

[jwirr]

9. LOL

[jwirr]

10. The state MIGHT be correct about what they think is going on BUT

they do not know the laws governing these cases. For that they will lose this case.

[frogmarch]

14. I live in NE, but there's a compound

fairly close by, in Pringle, South Dakota. It's believed that some FLDS members at the Texas compound came from the one in Pringle. Maybe some members are heading there now.

Here's a page with lots of links that pertain to FDLS.

http://www.rickross.com/groups/polygamy.html

[Igel]

15. "Appears to be the State's strongest argument yet".

And a sad one it is. Basically arguing, "We goofed up, so you have to keep our goof from having any consequence on our being able to investigage families and kids for whom we have no evidence at all. Otherwise they might get their kids back."

I don't like FDLS. I don't like CPS. But sometimes doing something wrong is just a mistake.