Perhaps the tide is turning against the evil Texas CPS! Read on:
A state appellate court has ruled that child welfare officials had no right to seize more than 400 children living at a polygamist sect's ranch.
The Third Court of Appeals in Austin ruled that the grounds for removing the children were "legally and factually insufficient" under Texas law.
Child welfare officials removed the children on the grounds that the sect pushed underage girls into marriage and sex and trained boys to be grown-up predators.
The appellate court ruled the chaotic hearing held last month did not demonstrate the children were in any immediate danger, the only measure of taking children from their homes without court proceedings.
The ruling came as judges were signing off on individual custody plans in San Angelo.
Shari Pulliam, a spokeswoman for CPS, said the agency had just learned of the ruling and was trying to assess its impact on the children's cases.
The state has said it will appeal.
In San Angelo, attorney Polly Raye O'Toole, who represents Richard and Susan Barlow, said of the ruling: "I am overwhelmed. I'm just thrilled. It is exactly the right decision."
The couple has eight children.
"They were overcome with emotion and thrilled at the prosect of getting their children back," she said. Richard Barlow said he thanked God and his attorney.
Thursday, May 22, 2008
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