Texas Supremes Say YZR Children Should be Returned to Parents

[WSJ_law_blog]

This just in: The Texas Supreme Court ruled has ruled that the children taken from a polygamist sect’s ranch should be returned to their parents, saying child welfare officials overstepped their authority. Here’s the early AP report, the court’s per curiam opinion, a concurrence/dissent from Justice Harriett O’Neill and earlier LB (here and here).

The high court affirmed a decision by an 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.

“On the record before us, removal of the children was not warranted,” the justices said in their ruling issued in Austin.

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.