Appellate court: sect children wrongfully removed

DFPS acted in good faith and on the authority granted by the district court, removing the children after finding what it alleges was "a pervasive pattern of sexual abuse" that put all children in the compound at risk, according to the agency statement.

Officials with DFPS on April 3 took custody of some 465 children, acting on a tip from an anonymous caller alleging physical and sexual abuse of some of the children, amid allegations that some underage female children were married to men in the sect and bearing children.

The appellate court called removing the children from their homes and parents on an emergency basis before litigating whether the parents should have custody of their children an "extreme measure," and one that should only happen when "circumstances indicate a danger to the physical health and welfare of the children and the need for protection of the children is so urgent that immediate removal of the children from the home is necessary."

DFPS said in its statement that interviews "revealed a pattern of underage girls being 'spiritually united' with older men and having children with the men." The agency also alleged a "pattern of organized deception" among the women and children being interviewed by CPS officials.

State agency officials argued that five minor females living in the compound becoming pregnant between the ages of 15 and 16 indicated danger to all the children and thus warranted their removal.

The court, however, said the state agency did not "present any evidence of danger to the physical health or safety" of the underage children.

"Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue," wrote the court.

A spokesperson for Gov. Rick Perry issued a statement saying the governor's office "is confident that state's lawyers will review the appropriate next steps in this case to ensure the safety and welfare of the children involved."

The children were removed from the ranch near Eldorado by the busload and eventually placed in foster care in a number of cities throughout the state. County officials said they, too, have incurred costs in the millions since the custody cases are within their jurisdictions. Competency hearings and other legal services already are more than $2 million in Schleicher County, where the compound is located.

"While our only duty is to the children, we respect that the court's responsibility and view is much broader," said the DFPS statement. "We will work with the Office of Attorney General to determine the state's next steps in this case."

The state has not indicated whether it will appeal.