In its unanimous nine-page decision, the three-judge panel said the Department of Family and Protective Services' case was legally and factually insufficient and 51st District Judge Barbara Walther acted improperly when she ordered about 450 children to stay in state custody.
The court said the state failed in a mass April 17-18 hearing to prove any of its key claims that the sect's beliefs, communal households or underage marriages put every child in the community "in urgent" danger.
"There is simply no evidence specific to [the mothers'] children at all except that they exist, they were taken into custody at the Yearning for Zion Ranch, and they are living with people who share a 'pervasive belief system' that condones underage marriage and underage pregnancy," the court said.
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But the appeals court ruled DFPS failed to provide, as required by Texas law, "any evidence of danger to the physical health or safety" of children on the ranch who had not reached puberty.
The department also did not prove pubescent girls were in physical danger, the judges said.
DFPS officials testified that five girls who became pregnant at ages 15 and 16 - coupled with an FLDS belief system condoning underage marriage and pregnancy - warranted immediate removal. But that simply wasn't enough, the judges said.
"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the appeals court wrote.
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