Texas FLDS Case
Dallas Federal Criminal Defense Lawyer | David Finn: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-08-00235-CV
In re Sara Steed, et al.
ORIGINAL PROCEEDING FROM SCHLEICHER COUNTY
M E M O R A N D U M O P I N I O N
PER CURIAM
This original mandamus proceeding involves the temporary custody of a number of
children who were removed from their homes on an emergency basis from the Yearning For Zion ranch outside of Eldorado, Texas.1 The ranch is associated with the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), and a number of families live there. Relators are thirty-eight women who were living at the ranch and had children taken into custody on an emergency basis by the Texas Department of Family and Protective Services based on allegations by the Department that
there was immediate danger to the physical health or safety of the children.
Relators seek a writ of mandamus requiring the district court to vacate its temporary
orders in which it named the Department the temporary sole managing conservator of their children. Because temporary orders in a suit affecting a parent-child relationship are not subject to interlocutory appeal under the family code, mandamus review is appropriate. Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991); In re Vernor, 94 S.W.3d 201, 210 (Tex. App.—Austin 2002,orig. proceeding).
Section 262.201 provides, in relevant part, as follows:
(a) Unless the child has already been returned to the parent, managing conservator,
possessory conservator, guardian, caretaker, or custodian entitled to possession and
the temporary order, if any, has been dissolved, a full adversary hearing shall be held not later than the 14th day after the date the child was taken into possession by the governmental entity.
Relators complain that the Department failed to meet its burden under section 262.201
of the Texas Family Code to demonstrate (1) that there was a…