By Jim Forsyth
SAN ANTONIO (Reuters) - Texas overstepped its authoritywhen it removed some of about 460 children from a polygamistcompound last month, a state appeals court ruled on Thursday.
The ruling is the latest twist in an unfolding saga thathas riveted Texas with lurid tales of adolescent brides, teenpregnancies and a secretive religious sect following its faithin a dusty corner of the state.
Texas Child Protective Services and heavily armed policeunits last month raided the isolated compound in west Texas andremoved the children in response to allegations of abuse.
But the appeals court said that the state had not proventhat the children were in immediate physical danger, andtherefore were improperly separated from their parents.
"The department ... failed to establish that the need forprotection of the children was urgent and required immediateremoval of the children," the court said.
While the opinion covers the children of only 48 mothers, alawyer told reporters that the ruling will likely apply to allof the children, most of whom are in foster homes across thestate.
"Essentially this decision from the Third Court of Appealssaid that Child Protective Services had absolutely no evidencethat would justify them going in there and removing thesechildren from this household," said Cynthia Martinez, whorepresents 48 of the mothers whose children were removed.
The appeals court opinion gives a lower court, whichinitially approved the state's actions, 10 days to act.
"We just received this information from the Court ofAppeals and it is being reviewed. We are trying to assess anyimpact this may have on our case and decide what our next stepswill be," the Texas Department of Family and ProtectiveServices said in a brief statement.
The compound is run by followers of jailed polygamistleader Warren Jeffs. They belong to a renegade Mormon sectknown as the Fundamentalist Church of Jesus Christ ofLatter-Day Saints (FLDS).
The mainstream Church of Jesus Christ of Latter-day Saintsrenounced polygamy over a century ago and is at pains todistance itself from splinter groups such as the FLDS thatcontinue to practice plural marriage.
FLDS men typically marry one legal wife while those whofollow are "spiritual wives." This makes those women single inthe eyes of the state which can entitle them and their childrento various welfare benefits.
FLDS communities usually keep to themselves and leadaustere lifestyles. The girls and women wear 19th century-stylepioneer dresses and are taught from an early age to obey men.
(Additional reporting by Ed Stoddard; Editing by EricWalsh)
