Texas Supreme Court issues FLDS decision

Associated Press/May 29, 2008

The Texas Supreme Court said the children in polygamist custody case should be returned to their parents.

The court issued a decision in the mandamus proceeding in the FLDS case Thursday.

The high court said child welfare officials overstepped their authority and affirmed a decision by the appellate court last week, saying Child Protective Services failed to show an immediate danger to the more than 400 children swept up from the Yearning For Zion Ranch nearly two months ago.

Earlier Thursday, Associated Press reported the FLDS mothers locked in a fight with Texas officials over custody of their children accused the state of ignoring the law and using diversions to justify the removal.

Lawyers for the women were asked to file a brief with the Texas Supreme Court. The court was deciding whether an appellate court ruling issued last week was right.

The appellate court said state officials should not have taken the children from the Yearning For Zion Ranch in Eldorado because they failed to meet legal requirements for a removal.

The high court let stand the appellate court's order that Texas District Judge Barbara Walther return the children from foster care to their parents.

It's not clear how soon that may happen, but the appellate court ordered her to do it within a reasonable time period.

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