SAN ANGELO, Texas - In a ruling that could torpedo the case against the West Texas polygamist sect, a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group's compound last month.
The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.
It was not clear when the children — now scattered in foster homes across the state — might be returned to their parents. The ruling gave a lower-court judge 10 days to release the youngsters from custody, but the state could appeal to the Texas Supreme Court and block that.
The decision in one of the biggest child-custody cases in U.S. history was a humiliating defeat for the state Child Protective Services agency. It was hailed as vindication by members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, who claimed they were being persecuted for their religious beliefs.
I had my doubts about the legality of the state's action at the time it was done. Although the group has some weird beliefs, and there were probably some cases of abuse, without proof of abuse against every single parent I don't know how they could possibly justify their actions. I'm sure the state argued that it's better to err on the side of caution, but when you talk about taking away someone's child, you better have a lot more than just suspicion.
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