Friday, May 23, 2008

Texas, FLDS, CPS and the Appeal Being Appealed

Less than one day after the Texas Third Court of Appeals said that CPS had no evidence to support the removal of the 463 children from the YFZ Ranch, and that CPS did not make "reasonable efforts" (I told you so) CPS announces it will appeal that ruling.

Big surprise.

CPS is actually governed by precise laws which insure that children will not be removed from their families unnecessarily. CPS just doesn't abide by the laws as a matter of regular practice. Who will make them abide by the laws if a trial judge can be so swayed by the non-evidence presented during the shelter hearings last month? Why, the appeals court. That's how the system works in this country.

In a normal case, with court appointed lawyers, nobody will make them abide by the laws. Court appointed lawyers don't get paid enough to mount any kind of defense on behalf of their clients. (National average less than $900 for a two year case, up to but not including TPR (Termination of Parental Rights)).

Even with lawyers for 464 children and their respective parents, only the lawyers of 38 moms (NOT dads) figured out how to make CPS abide by the law. Is the state of the practice of law so dismal in Texas that only the lawyer of this minuscule percentage of parent's and children's lawyers got it? Or is CPS so out of control and unaccountable that nobody CAN make them abide by the law?

Back to the CPS appeal. CPS never admits it was wrong. Even when a child dies in foster care. Even when the facts overwhelmingly prove they were wrong. In this case, CPS is upset that someone called them on their fast and loose administration of the rules. That never happens. How dare Texas Rio Grande Legal Aid properly represent their clients! And where were the attorneys ad litem on this? They are, after all, the voice of these children. Why are they so silent in the face of this abusive practice by CPS?

Because CPS is never wrong, they MUST appeal this ruling. They simply cannot concieve that the existing egg on their collective faces will be compunded by the Texas Supreme Court. They must seek and obtain vindication for their violations of law and the rights of the parents and children. And they accomplish it by lying and spin doctoring the facts. Read the petition.

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Leave the emotions, propaganda and rhetoric at the door. This blogger is only interested in intelligent, logical, well-thought out, factually based comments which are on-topic, indicating the writer has an open mind and a mature ability to reason.