Court of Appeals Decision

In an opinion (PDF) delivered May 22, Texas' 3rd Court of Appeals ruled in favor of 38 FLDS mothers, concluding that Child Protective Services failed to demonstrate that their children – approximately 130 of the more than 400 taken from the FLDS' Eldorado ranch last month – were in imminent risk of danger, which is required under the law in order for the state to take custody. The court ruled that District Judge Barbara Walther erred in granting the state custody and concluded that she must vacate her orders granting that custody.

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