A partial victory for the FLDS today:

A Texas appeals court ruled today that a San Angelo judge exceeded her discretion when she ordered the state to take custody of children from a polygamist sect.”

She has ten days to vacate her order. I have a feeling she will wait all ten days before doing so. And in spite of this:

“It wasn’t immediately clear whether the decision means the children will be returned right away to the custody of their parents,…”

The judge overstepped her bounds, the appeals court said CPS did not have the right to take the children in the first place, and the children still won’t be returned to their parents!?!!!!!! And CPS could not be bothered to tell the mothers or their attorneys about this decision either:

“Two FLDS mothers whose children were placed in foster care learned of the decision from reporters as the two made their way to the courthouse in San Angelo, unaware that child custody status hearings that started here this week had been canceled in the wake of the appellate ruling.”

If it wasn’t for those two reporters, when would the mothers or attorneys been told about the decision? If it was up to CPS, never would be my guess.

Here is more of the appeals court decision:

“The existence of the FLDS belief system as described by the Department’s witnesses, by itself, does not put children of FLDS parents in physical danger,” said the unanimous ruling by the three-judge panel of the 3rd Court….

The court went on to say that CPS took an extreme measure by removing the children before fully litigating the issue, and perhaps most importantly:

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 as the Department contends, there is no evidence that this danger is ‘immediate’ or ‘urgent’ … with respect to every child in the community.”

CPS still refuses to release the children:

“..Scott Dixon, a CPS regional director, said some shelters and facilities were already getting calls from parents asking when they could pick up their kids. Dixon advised them not to release any of the children until they get word from the state to do so.”

What more do they need-and why doesn’t CPS consider the appellate court part of the state?

CPS can still appeal, and I’m sure they will. This is a victory of sorts, but it’s still not over and lest we forget, the children still are not with their parents.

I had to laugh at CPS concern that these people might flee to another state or country, where Texas CPS can’t pursue them. I wouldn’t blame them if they did. CPS should recognize that they were the ones causing them to flee in the first place.

I also feel that part of the reason for the court’s decision was all the publicity surrounding this case. There were a lot of folks big and small addressing this issue and how CPS trampled the rights of these mothers.

We can’t give up-we still need to keep our eyes on this case to see what happens next. CPS will not give up without a fight so we need to remain vigilant.

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