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May 29, 2008 4:14 pm US/Central
Texas Supreme Court Rules For Polygamist Moms
AUSTIN (CBS 11 News) ―
The Texas Supreme Court says the state cannot keep custody of the hundreds of children seized from the YFZ Ranch in Eldorado.
The court issued its ruling Thursday afternoon. In it, justices wrote, "Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals' decision. The Department's petition for mandamus is denied."
The ruling was first reported here on CBS11TV.com.
The court's ruling affirms a decision by the Third Court of Appeals last week.
The high court also says that although it is ordering the district court in San Angelo to remove the children from the custody of Child Protective Services, the district court may make other custody arrangements for the children before it does so.
"The moms are clearly very happy at the news that it looks like they're going to get their kids a lot sooner than expected," said Cynthia Martinez, a spokeswoman for the attorneys representing the mothers in the case. "It's definitely an emotional day."
The ruling shatters one of the largest child-custody cases in U.S. history. State officials said the removals were necessary to end a cycle of sexual abuse at the ranch in which teenage girls were forced to marry and have sex with older men, but parents denied any abuse and said they were being persecuted for their religious beliefs.
Technically, the ruling only applies to the 124 children whose mothers filed the court complaint. But because nearly all the children were removed from the ranch under identical circumstances, it will likely affect all 430 children who were seized by the state.
Texas law says the state can only take children from their parents if there is a danger to their physical safety, an urgent need to protect them and if the state made a reasonable effort to keep the children in their homes. The appellate court ruled the seizures of the children did not meet that standard, and today the Supreme Court agreed.
Three Supreme Court justices dissented with the majority's decision.
Late Thursday afternoon, Child Protective Services issued a statement about the ruling. In it, CPS said, "We are disappointed, but we understand and respect the court's decision and will take immediate steps to comply."
Parents and lawyers had been anxiously awaiting a ruling from the high court since a lower court said child welfare officials were wrong to take the more than 400 children from their parents.
The children from the Yearning For Zion Ranch in Eldorado have been in state custody for nearly two months.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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