| U.S. News

"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".

SAN ANGELO, Texas (Catholic Online) - The Third District Court of Appeals in Texas has ruled that the Texas Department of Family and Protective Services improperly removed more than 460 children from the Yearning for Zion (YFZ) Ranch in Eldorado, Texas, owned by the Fundamentalist Church of Jesus Christ of Latter day Saints.

The matter had been appealed by 38 women whose children were among those taken by the Texas authorities.

The three Judge Panel which heard the Appeal wrote in their opinion: "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 Appellate Court further held that the State of Texas "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".

They continued in their opinion "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".

Though ruling that the grounds asserted by the State of Texas to remove the children were "legally and factually insufficient", the Court did not determine the issue of whether the children were to be immediately returned.

Cynthia Martinez, of the Texas Rio Grande Legal Aid Society, spoke to the Press. She said that the Appeals Court recognized that the State “...did not provide any evidence that the children were in danger, and they acted hastily in removing the children."