In a ruling that likely surprises no one except for the Texas department of Child Protective Services, the Texas Supreme Court has ordered that all 440 children removed from the FLDS Yearning for Zion compound be returned to their parents:

The Texas Supreme Court 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.

The high court on Thursday affirmed a decision by the appellate court last week, saying Child Protective Services failed to show an immediate danger to the children.

The ruling directs a lower-court judge to reverse her decision putting the children into foster case. The appeals court ordered the judge to return the children to the parents soon but it is unclear exactly when that will happen.

While I don’t agree with FLDS doctrine or culture, I do think that it’s pretty clear that TCPS seriously overstepped its authority and profoundly botched this whole issue.

Here’s the actual Texas Supreme Court decision (PDF; hat tip to The Volokh Conspiracy).  ..bruce..


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