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Texas Court: Return Kids to Polygamy Sect

Appellate body finds no evidence more than 460 children were in danger

By Nick McMaster,  Newser Staff

Posted May 22, 2008 3:27 PM CDT
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(Newser) – A Texas appeals court found today that authorities, acting on "no evidence," and supported only by a "general allegation" of impropriety, should not have removed more than 460 children from a polygamist compound, the Dallas Morning News reports. The panel also said a local court "abused its discretion" in authorizing an April 3 raid and ordered the children returned.

“Even if one views the FLDS belief system as creating a danger of sexual abuse by grooming boys to be perpetrators of sexual abuse and raising girls to be victims of sexual abuse,” the court said, “… there is no evidence that this danger is ‘immediate’ or ‘urgent.' " Said a supporter: “It is a great day for families in the state of Texas."

Members of the Fundamentalist Church of Jesus Christ of Latter Day Saints depart from the Tom Green County Courthouse, Monday, May 19, 2008, in San Angelo, Texas.
Members of the Fundamentalist Church of Jesus Christ of Latter Day Saints depart from the Tom Green County Courthouse, Monday, May 19, 2008, in San Angelo, Texas.   (AP Photo/Tony Gutierrez)
Fundamentalist Church of Jesus Christ of Latter Day Saints members walk by law enforcement officials on their way into Tom Green County Courthouse, Monday, May 19, 2008, in San Angelo, Texas.
Fundamentalist Church of Jesus Christ of Latter Day Saints members walk by law enforcement officials on their way into Tom Green County Courthouse, Monday, May 19, 2008, in San Angelo, Texas.   (AP Photo/Tony Gutierrez)
Fundamentalist Church of Jesus Christ of Latter Day Saints mothers smile after a bystander told them the news of a court ruling in their favor in San Angelo, Texas.
Fundamentalist Church of Jesus Christ of Latter Day Saints mothers smile after a bystander told them the news of a court ruling in their favor in San Angelo, Texas.   (AP Photo/LM Otero)
Church members, and mothers, smile.
Church members, and mothers, smile.   (AP Photo/LM Otero)
Fundamentalist Church of Jesus Christ of Latter Day Saints mothers.
Fundamentalist Church of Jesus Christ of Latter Day Saints mothers.   (AP Photo/LM Otero)
Lydia Johnson, a mother of six children in state custody, leaves court Tuesday, May 20, 2008. Frank Johnson, an ex-communicated sect member and father of Lydia's children offered himself as guardian.
Lydia Johnson, a mother of six children in state custody, leaves court Tuesday, May 20, 2008. Frank Johnson, an ex-communicated sect member and father of Lydia's children offered himself as guardian.   (AP Photo/Tony Gutierrez)
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CPS tries second raid, is denied access by sect
Associated Press

Polygamist sect girls are actually adults
MSNBC

NYT take, and the text of the ruling
New York Times

US

 
Texas • US Appeals court • polygamy • judicial • child custody • Child Protective Services • Fundamentalist Church of Jesus Christ of Latter Day Saints • Yearning for Zion ranch • Barbara Walther • polygamists

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