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May22
Texas Appeals Court Slaps Down Gestapo Tactics of Child Protective Services

After the outrageous removal of over 400 children from the polygamist sect in Texas, the Third Court of Appeals in Austin ruled the state presented "legally and factually insufficient" grounds for the "extreme" measure of taking the children out of the compound.

In a bizarre way of thinking, the state was reprimanded by the court for saying they considered all the families at the ranch as one household. They added that there is no way the children in a community should be able to be taken because of the possibility there may be someone else in the community that is abusing their children.

The implications for families across the nation would be ominous, as the power given to these government agencies would be far too much. I think the actions taken by the so-called Child Protective Services show it is already more than it should be given.

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Another finding in the case was even though there were 5 girls who had been pregnant at the age of 15 or 16, there was absolutely no evidence from the state concerning the pregnancies. Texas law allows minors to marry at the age of 16 if parents consent, and even younger if a court allows it. So if parents of these children approved of marriages, there was no law broken, and the state knew it.

Of course it's already known that the original call to the domestic abuse hot line was a hoax (even though the state refuses to admit it), and the entire case is a bunch of smoke and mirrors.

Even out of the original 31 girls who were accused of being underage mothers, now 15 of them have been identified as adults, and one that was 14-years-old had never been pregnant, even though the state asserted she had been. Oops!

The court admonished the state saying their actions were extreme: "Removing children from their homes on an emergency basis before fully litigating the issue of whether the parents should continue to have custody of the children is an extreme measure.

"The danger must be to the physical health or safety to the child. The Department (CPS) did not present any evidence of danger to the physical health or safety of any male children or any female children who had not reached puberty."

Essentially what the ruling says is that Judge Walther exceeded her authority by issuing an emergency order. Now some are saying the ruling doesn't address the issue of flight by the parties involved. But that is another smokescreen. Since there shouldn't have been a raid in the first place, and the appeals court saying there shouldn't have been, the so-called issue of "flight" has no relevancy. Who wouldn't run with their children from such a corrupt system?

These families should have their children immediately returned to them, as the underlying reasons for taking them has been undercut and shown to be extreme.

Either the state will have to comply with the ruling, or go to the Texas Supreme Court to ask of a stay.

From a managment perspective, it's about as poor as I've ever seen. That's what happens when people supposedly in leadership bypass the law and due process, and take actions based upon emotions that seem to border on the psychotic. Nobody in America, or anywhere else in the world, should be allowed to take these types of measures against families because they think they're weird.

Related news:

Court overrules Texas sect raid 
 
Appeals court rules Texas had no right to seize sect kids

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