In re Steed
Court of Appeals of Texas
2008 WL 2132014 (Tex. App. 2008)
After receiving a distress call from a child at the Yearning for Zion Ranch, associated with a fundamentalist polygamous church, Texas's child-protective agency (DFPS) (plaintiff) found evidence that five minors on the ranch were or had been pregnant, and that the community held beliefs condoning polygamous and underage marriage and child-bearing; DFPS petitioned to remove all children on the ranch, arguing pubescent girls faced immediate danger given the community's beliefs and that all children faced danger from a belief system teaching future sexual abuse. The district court granted DFPS custody of all the children; 38 women (Relators) (defendants) whose non-pregnant children had been removed sought mandamus relief to vacate the order and retain custody during litigation.
Whether children may be removed from their homes and parents before full litigation of the underlying issue, when the state presents no evidence of physical danger specifically threatening those children and any danger from the community's broader belief system is not so urgent as to require immediate removal.