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Team coverageIt's a major blow to the Texas case involving the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS).
Some children removed from a polygamist ranch in Eldorado, Texas, could soon be returned to their parents.
It's something the FLDS community has been fighting for since Texas authorities raided Warren Jeffs' Yearning for Zion Ranch (YFZ)last month.
The ruling applies to 38 mothers, but it could extend to the rest of the children still in state custody.
This is a stunning development that turns this entire saga upside-down. Although the ruling only applies to 38 parents who filed the lawsuit, the reasoning should apply across the board. That means the kids may be returning to their homes on the FYZ ranch soon.
When word of the ruling reached the front gate of the ranch, it brought tears of joy to parents who have been scrambling across the state of Texas for weeks, just to get short visits with their children.
One mother said, "I'm very, very surprised."
Another called it, "The best news we've had in a long time. We hope they just send them home, just give them back."
From the very beginning, the raid was justified by Texas officials on the grounds that the kids were all in immediate danger, no matter where they lived on the ranch. In essence, the state argued, it's all one enormous household. Under Texas law, if a household environment creates immediate risk, the kids are to be removed.
But the appeals court ruled there are two big problems with that theory: The evidence is strong that there are many households within the ranch, and the evidence of risk is weak.
The Texas Rio Grande Legal Aid Society (TRLA) represented 38 FLDS mothers. TRLA attorney Julie Balovich said, "They [the Texas Third Court of Appeals] stated that Child Protective Services had no evidence that these children were in immanent danger, and Child Protective Services had the right to remove these children from their families."
FLDS attorney Rod Parker said, "It's a wonderful day for the families. They're thrilled. I think it validates the things we've been saying for quite a while."
The court said the state failed to show evidence of sexual abuse going beyond five pregnant teenagers and presented no evidence that more than 400 other kids were sexually or physically abused.
Although the ruling is on the case brought forward by only 38 of the mothers, their attorneys believe the decision will apply to the rest of the children seized. Civil rights attorney Brian Barnard said, "So the Court of Appeals has said, 'Maybe there's child abuse, but there isn't an emergency situation, and Texas authorities slow down! Prove your case.'"
But those in support of Texas authorities say the ruling is not a setback. They say because this is a case unlike any other, the process will have to be navigated by trial and error. Rowenna Erickson, with the group Tapestry Against Polygamy, said, "Texas certainly is trying, and they don't have a map. They don't have a table of contents to follow. This is a learning experience."
The ruling undermines the state's position that the FLDS belief system puts all the kids at risk because it indoctrinates them into underage marriage.
This is a big blow to Judge Barbara Walther who authorized the seizure. She's been given 10 days to vacate her original orders. The state could appeal today's ruling, so it's not clear when the kids will return to the YFZ Ranch.
E-mail: hollenhorst@ksl.com
E-mail: wjohnson@ksl.com
E-mail:mgiauque@ksl.com
