In re Sara Steed, et al. - Hot link to FLDS decision of the Austin Court of Appeals

Probably the appellate opinion that will have received the most worldwide media attention of any handed down by the Third Court of Appeals in recent history was issued per curiam, i. e. unsigned. Click on "per curiam" below to read it.

In re Sara Steed, et al., No. (Tex.App.- Austin, May 22, 2008)()

DFPS vs. FLDS - District judge ordered by appellate court to free the kids and return them to their parents

In re Sara Steed, et al., No. (Tex.App.- Austin, May 22, 2008) (unsigned per curiam opinion ) (mandamus relief granted - conditionally, as is customary) (temporary orders in TDFPS action against FLDS children and mothers vacated for lack of evidence supporting State's custody case) (Before Chief Justice Ken Law, Justices Bob Pemberton and Alan Waldrop) Appeal from 51st District Court of Schleicher County

Austin's Third Court of Appeals finds that the Department (Texas DFPS) "did not carry its burden of proof under section 262.201. The evidence adduced at the hearing held April 17-18, 2008, was legally and factually insufficient to support the findings required by section 262.201 to maintain custody of Relators' children with the Department. Consequently, the district court abused its discretion in failing to return the Relators' children (13) to the Relators. The Relators' Petition for Writ of Mandamus is conditionally granted. The district court is directed to vacate its temporary orders granting sole managing conservatorship of the children of the Relators to the Department. The writ will issue only if the district court fails to comply with this opinion."