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May 22nd, 2008

Appeals court: Texas should not have seized children from polygamist sect

Posted: 01:50 PM ET

(CNN) - The state of Texas should not have removed the more than 460 children it took from a polygamist sect's ranch, an appeals court ruled Thursday.

In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had appealed the removals, as well as a decision last month by a district judge that the children will remain in state custody.

"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," the ruling said. "Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue."

The children were removed last month from the Yearning for Zion (YFZ) Ranch, owned by the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.


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