Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, May 23, 2008

Child Protection to Appeal Texas Ruling

"Child Protective Services has notified the Texas Supreme Court that the state plans to appeal a ruling that it had no right to seize hundreds of children from a polygamous religious sect, a court spokesman said today.

"As I understand it, CPS called and said they were giving advance notice they'd be filing something today," said spokesman Osler McCarthy. He said the call came this morning.

CPS spokesmen didn't immediately return telephone calls today.

Thursday's decision by the 3rd Court of Appeals in Austin halted custody hearings in San Angelo and raised the possibility of family reunions.

The 3rd Court ruled a San Angelo judge exceeded her authority in ordering into foster care every child residing at the Yearning for Zion Ranch, not just the teen girls who Texas Child Protective Services said were at risk of being married to older men.

"The department (CPS) did not present any evidence of danger to the physical health or safety of any male children or any female children who had not reached puberty," the order by a three-judge panel of the appeals court said in part. About half of the more than 460 children placed in protective custody were babies or toddlers."

By Terri Langford & Lisa Sandberg, Houston Chronicle and San Antonio Express-News Link to Article (last visited 5-23-08 NVS)

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