Court rules cult was not "imminent danger" to kids

CNN:

The state of Texas should not have removed children it took from a polygamist sect's ranch because it didn't prove they were in "imminent enough" danger, an appeals court ruled Thursday.

In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had challenged the removals and appealed a decision last month by a district judge that the children will remain in state custody.

"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," the three-judge panel said.

According to the ruling, the lead investigator in the case alleged that the belief system facilitates a lifestyle in which "male children are groomed to be perpetrators of sexual abuse and the girls are raised to be victims of sexual abuse."

An attorney representing the mothers said the trial court that originally backed the state's seizure of the children has 10 days to vacate its decision. If it doesn't, the appeals court will act, said Julie Balovich of the Texas RioGrande Legal Aid.

Although the ruling applies only to the 38 mothers and their children, "we believe the reasoning in the court of appeals decision would apply to all children," Balovich said, referring to the more than 460 children taken from the ranch.

"It is a great day for families in the state of Texas," she said.

...

For young girls, not so much.

I think the Texas Attorney General will appeal this ruling to the Texas Supreme Court.

The court goes on to say, "The Legislature has required that there be evidence to support a finding that there is a danger to the physical health or safety of the children in question and that the need for protection is urgent and warrants immediate removal."

As I recall the testimony was that the boys had sustained 41 broken bones. They have also found underage women who have given birth. This does not sound like a healthy environment for children.

The ruling is the lead story in the NY Times this evening. I think the ruling was a mistake. It is surprising that so many lawyers wanted to put these kids back in that environment.