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Thursday, May 22, 2008

Court of Appeal in Texas rules against Authorities in Removal of Children from Polygamist ranch

The Third Court of Appeals in Austin has ruled that the state did not have the right to remove more than 400 children from a west Texas polygamist ranch and place them in shelters across the state. One of those shelters is the Ark Assessment Center on Leopard.

The children were brought to the Ark about four weeks ago and are still there. The Ark's director told 6 News they will wait until they are told the next move to make by the Attorney General's office, and that is what Child Protective Services is doing as well.

The Third District Texas Court of Appeals found that, "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," and, "there was no evidence that the department made reasonable efforts to eliminate or prevent the removal of any children."

CPS issued a response Thursday afternoon, saying "the department removed children from the ranch after finding a pervasive pattern of sexual abuse," and, "will work with the office of the Attorney General to determine the state's next steps in this case."

6 News has also learned all custody hearings have been put on hold as a result of Thursday's ruling.

What happens to the children in state custody now is not very clear at the moment, although in issuing its ruling, the appeals court gave a lower court ten days to release the children to their parents' custody.

However, the state could appeal to the Texas Supreme Court to try and block the order.

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