Associated Press, carried in News 8 Austin
May 29, 2008
http://www.news8austin.com/content/top_stories/default.asp?ArID=210071
The Texas Supreme Court said the children in polygamist custody case should be returned to their parents.
The court issued a decision in the mandamus proceeding in the FLDS case Thursday.
The high court said child welfare officials overstepped their authority and affirmed a decision by the appellate court last week, saying Child Protective Services failed to show an immediate danger to the more than 400 children swept up from the Yearning For Zion Ranch nearly two months ago.
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| FLDS mother Martha Emack says, "Im happy as soon as all the children are back to their mothers and were home." Photo by |
Earlier Thursday, Associated Press reported the FLDS mothers locked in a fight with Texas officials over custody of their children accused the state of ignoring the law and using diversions to justify the removal.
Lawyers for the women were asked to file a brief with the Texas Supreme Court. The court was deciding whether an appellate court ruling issued last week was right.
The appellate court said state officials should not have taken the children from the Yearning For Zion Ranch in Eldorado because they failed to meet legal requirements for a removal.
The high court let stand the appellate court's order that Texas
District Judge Barbara Walther return the children from foster care
to their parents.
It's not clear how soon that may happen, but the appellate court
ordered her to do it within a reasonable time period.
"They want to know when they can go get their children," D'Ann Johnson of Texas Rio Grand Legal Aid said. "We are having to tell them we don't know we are going to have to wait to see what CPS and the judge decide to do."
Legal representation of the FLDS mothers said the court delivered a definite message to CPS.
"One of the clear messages from the court is that CPS has got to stop treating this as a crowd," Texas Rio Grande Legal Aid's David Hall said. "These are individuals. Individual parents, individual children and individual families."
An attorney representing the FLDS families held a press conference in San Angelo, shortly after the high court decision.
He said the families are excited about the ruling, but there could be a delay getting children back home.
"The parents are ready to go to the shelters and pick up their children," attorney Rod Parker said. "The question is can they pick up their children yet, or will Judge Walther release the children so they can go home to their parents? I don't think that question has been answered at this point in time. What the court of appeals did was tell Judge Walther to vacate her orders to seize the children. I don't think she's done that yet."
The justices said Judge Walther may still put restrictions on the children and parents to address concerns that they may flee once reunited.
The ruling shatters one of the largest child-custody cases in U.S. history.
State officials said the removals were necessary to end a cycle of sexual abuse at the ranch in which teenage girls were forced to marry and have sex with older men.
But parents denied any abuse and said they were being persecuted for their religious beliefs.
A polygamist sect elder said parents are excited about a state Supreme Court decision today but will remain apprehensive until they get their children back.
FLDS elder Willie Jessop said until the children are in their hands, there's no relief.
In response to the ruling, the Texas Department of Family and Protective Services issued this statement:
"We are disappointed, but we understand and respect the court's decision and will take immediate steps to comply. Child Protective Services has one purpose in this case - to protect the children. Our goal is to reunite families whenever we can do so and make sure the children will be safe. We will continue to prepare for the prompt and orderly reunification of these children with their families. We also will work with the district court to ensure the safety of the children and that all of our actions conform with the decision of the Texas Supreme Court."
Mothers are elated that they will be reunited with their children.
"I'm just here to say that I'm happy as soon as all the children are back to their mothers and we're home," FLDS mother Martha Emack said.
The ruling does not force CPS to end its involvement with the parents from the Fundamentalist Church of Jesus Christ of Latter Day Saints, which runs the ranch in Eldorado.
The case before the court technically only applies to the 126 children of those mothers who filed the complaint that prompted the ruling. But it significantly affects nearly all the children since they were removed under identical circumstances.
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