This does not appear to be the case here according to the Texas Supreme Court. And I daresay that nationwide, a significant number of cps takings are not justified.
The problem was not that there was not abuse, but that each situation was not dealt with individually. And, yes this is a problem.
Having said this, I think it was impossible to protect the children who were/are in danger given the FLDS, dishonesty, and living situations.
I did not read anything suggesting the homes of the FLDS on the YFZ ranch were abuse free. In fact I feel fairly certain ALL the judges would agree there is systematic abuse on the compound. The problem was how it was managed. Evidently there are no laws that allowed CPS to intervene as they did under these extraordinary circumstances.
As I said, my guess is there are some children who are not in immediate harm, but how in the world would CPS figure that out if parents are lying, shredding documents, taking the fifth, giving false names, and making up stories, or if they all picked up and left the state or the country?
And, to reiterate, we are not just talking about a handful of men who rape girls. We are talking about mothers and fathers who allow their daughters to be raped, and adults who raise their children in homes with known sexual predators. We are talking about all the children in homes of sexual predators. We are talking about all the siblings of girls whose parents allowed, even facilitate and promote their sexual abuse. We are talking about adults who aide and abet the crime of child sexual abuse. Sexual child abuse is a felony IRRC.
It is not the case that there is one or two guys who are sexual perverts who can just leave the compound and all will be well.
We have a whole community who is participating in the widespread sexual abuse of children.
Of the thousands and thousands of CPS cases in this country each year are there a handful of mistakes where children are removed needlessly? Probably. There are also cases where children should have been removed but there isn't enough evidence for their removal and children end up dying. No system or person is perfect. There are lots of judgment calls and not all cases are clear cut. Working for Child Protective Services is not an easy job for sure, there are often no easy answers. I hope no one is suggesting CPS workers randomly or without reason take children away from their parents.
in my opinion, CPS did the only thing they could have under the circumstances. While they may not have individually evaluated each specific situation, I think it unconscionable to have left these children in homes where sexual predators live, and where parents systematically allow their children to be sexually abused.
~dancer~