Fundamentally, I agree with you that something had to be done. Intervention. However, to put it bluntly, CPS is staffed overwhlemingly by victim stance liberals and its its guiding philosphy and mission reflects as much. The Government lawyers on staff for the State are incompetent if they couldn't figure out the basic legal ramifications and constitutionality/unconstitutionality of their actions.
Here's the thing. Because they didn't do it correctly chances are the kids will go back to the abuse you so decry, just like the Shortcreek raid.
The Texas SC made clear that Judge Walther may put significant restrictions on the parents and children, to ensure the safety and non-disappearance of the children.
The comparisons to the Short Creek raid really aren’t valid at all. That raid was about polygamy, not about forced marriages of child brides. Marriages of early teen girls were not common in the FLDS community back then, and mariages at any age were not forced. There was a group of leaders, rather than a single autocratic prophet, and the extreme level of control that Warren Jeffs has imposed on the members simply didn’t exist. Many young women went to college, there was freedom and variety in dress, and men and women who chose to leave the group were still able to visit and keep in touch with their families. Many former members have fond memories of growing up in that community, but are horrified by the things that Warren Jeffs has forced onto the community since he took power in recent years. There was no good reason for the Short Creek raid, and it seemed to be rooted mainly in the LDS Church’s desire to rid the state of polygamy because it embarrassed the LDS Church.