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Supreme Court Rules for Polygamists

May 29th, 2008 at 4:01 pm

It appears a lot of the FLDS mothers will get their kids back, at least for a while.

The Texas Supreme Court late this afternoon ruled in favor of the 38 Mormon fundamentalists trying to reclaim custody of their kids from Child Protective Services. The state’s highest civil court affirmed a ruling by the Third District Court of Appeals last week that state officials had overstepped their legal authority in immediately seizing many of the 460 children from the FLDS sect’s ranch outside San Angelo in early April.

The AP story is here. You can read our report on last week’s appeals court ruling here.

The Supreme Court decision would seem to ensure at least temporary return of the FLDS kids, now scattered around the state in various foster care families and facilities. It’s worth noting that the ruling doesn’t prevent CPS from retaking custody of endangered FLDS children at a later date. The courts have simply said that the agency lacked the legal grounds to take immediate, emergency custody.

Nonetheless, the ruling is another blow to an increasingly embattled CPS. The agency has now been rebuked by two of the state’s highest courts for its handling of the largest child custody case in Texas history.

by Dave Mann

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