Did The Texas Supreme Court Make A Mistake?
I’ve been working through this issue myself a lot lately, and here’s where I have gotten: The issue that caused the Supreme Court to make their ruling was that children had been taken whether or not there were any allegations or evidence of abuse in that particular home. They found it analogous to the police coming in and taking all of the children on a particular block because one family had abused their children. According to the court, the evidence that was presented not only didn’t implicate all of the families, it suggested that the only risk was to adolescent females, i.e., the prosecuters themselves admitted that there was no reason to think that younger children or male children were in any danger or had ever been abused. So, there was evidence of a crime-rape, kidnapping or forcible restraint, etc-then that child could legitimately be removed from the home. But that a crime might have occurred close by was not a reason to remove them. One could make the argument that being exp
