Legal aid group challenges state's FLDS placement plan (FLDS)

GO San Angelo ^ | April 24, 2008 | Staff

[greyfoxx39]

The Third Court of Appeals has decided to hear arguments over whether the state of Texas can place children from the Fundamentalist Church of Latter Day Saints currently in its custody into foster care without giving each of their families the opportunity to defend themselves in court, according to a press release.

The decision comes after Texas RioGrande Legal Aid (TRLA), the leading provider of legal aid in Texas, filed a request with the court to order state District Judge Barbara Walther to hold hearings at which each family would be able to respond to allegations of abuse. TRLA is arguing that the children should not be sent to various locations throughout the state until the court decides whether these hearings should take place.

"These families have the right to have their voices heard in the legal process," said TRLA attorney Robert Doggett. "The idea that these children can be taken away without giving their families the opportunity to address allegations and fight to stay together is absurd."

The appeals court will conduct a hearing at 2 p.m. Tuesday in Austin. Although the state of Texas has said that all of the FLDS children would be placed into foster care by the end of the week, these developments make it unclear as to whether that will still occur. More than 100 of the children were moved from the San Angelo Fairgrounds to facilities across Texas on Tuesday.

[greyfoxx39]

The legal process continues in spite of the fear of many on FR.

[greyfoxx39]

Ping

[muawiyah]

Now, if the "families" of the children would like to present themselves in court........

The Legal Aid Society doesn't have a clue.

[CharlesWayneCT]

Just a reminder (I know that you are aware of this, but others might not be), the pro-CPS folks have set up a daily thread, and have asked ALL posters to not post these articles separately, but instead to put them in that thread.

I don’t care for daily threads much, but since that’s what most people who posted over there said they liked, I’m trying to help out.

I guess you didn’t like the idea, because you posted this out here instead (I think this is already posted in the daily thread).

[Virginia Ridgerunner]

I sure hope the fathers appear in court to present their case as to why they should get their children back.

[Pan_Yans Wife]

Wow. I hadn’t even thought of this as pro-CPS. I thought the issue was the welfare of the children, period.

[oldenuff2no]

Do you know of any other case of a state taking away children from their parents without the parents having their day in court??? Sorry that is not legal under the constitution of our nation. It's that simple.
Now they are finding that they didn't have probable cause for the warrant. The call was lie and it appears that they knew when it was made that it came from Colorado and not Texas.
Get you popcorn and watch as it is proven that all citizens of this nation have rights not just those that you agree with.

[beltfed308]

The legal process continues in spite of the fear of many on FR.

Yeah.....due process frightens many of us here on FR. /s

[Old Professer]

Nonsense; if we are to run the site this way then one would have to read through the numbingly-long thread each day for an update - might as well hide Easter eggs in a haystack.

Breaking news needs to be read apart from the same old hash.

[greyfoxx39]

I was instrumental in helping the Daily Thread by MysSterious get started. Your statement "the pro-CPS folks have set up a daily thread, and have asked ALL posters to not post these articles separately, but instead to put them in that thread." is pure hogwash. A development such as this is worthy of a separate thread.

I guess you didn’t like the idea, because you posted this out here instead (I think this is already posted in the daily thread).

If you had bothered to look at the post in the Daily Thread you would see that I am the one who posted it to give the subject more exposure. A link to that post would have been nice, BTW, if you are going to cite it.

I would think that the fact that the appeal is going to be heard would be exciting to you, regardless of where you saw it. BTW, where are the threads YOU have posted if you are going to play thread nanny?

[greyfoxx39]

Nice to see your PREDICTION of a hearing that hasn't happed yet....Now they are finding that they didn't have probable cause for the warrant. Oh, REALLY? Link?

The call was lie and it appears that they knew when it was made that it came from Colorado and not Texas.

Provide a link, please. I'd REALLY like to see some proof of this.

[visualops]

CPS?

What is that and if you mention another thread you should link to it. thanks

[oldenuff2no]

That's simple. LE has substantiated that the call was a fabrication and did not originate from that compound or from any member of that cult. Without the call they had insufficient probable cause for a warrant. If they would have had probable cause from other sources then they would have had that warrant long ago.
They got the warrant and made the raid because someone told them what they wanted to hear and that someone lied to them. That is now a known fact!! I'm sure you don't like it but that is where this case is headed right now.

[greyfoxx39]

if you mention another thread you should link to it. thanks

Sorry, I got carried away and forgot to link in my earlier post.

The FLDS Daily Thread. FM MizSterious if you would like to be pinged to it

Culture shock: Seized polygamous sect kids face tough adjustment (YFZ/fLDS Daily Thread)

[TheDon]

"These families have the right to have their voices heard in the legal process," said TRLA attorney Robert Doggett. "The idea that these children can be taken away without giving their families the opportunity to address allegations and fight to stay together is absurd."

It's good to see someone in Texas has heard of due process!

[TheDon]

Regardless of the status of the original warrant, if LE observed children who have been abused, they should certainly take action to protect them. Of course, engaging in a fishing expedition by taking 400+ kids away from their families was obviously the wrong action to take.

[Politicalmom]

PING!!

FReepmail to be added to the FLDS El Dorado Legal Case Ping List

[trisham]

the pro-CPS folks

********************

Who are the "pro-CPS folks"?

[Froufrou]

http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000261.00.htm

This is the code. No matter what Legal Aid tries to spin, don’t give them credit for any big law dynamo. I’ve had them overturned in human services court. More than once.

I’ll say it again: it matters not whether the call was legitimate. That it was initiated made the state not only have to respond, but within a certain amount of time, too. The various types of abuse are rated and the response times are rated accordingly.

I did not see mention of due process other than the conditions for which a court hearing may be bypassed.

[theBuckwheat]

>>
the pro-CPS folks have set up a daily thread,
<<

Sounds like they share the CPS mindset of command and control too.