Protecting the Children, But at What Cost?: Emergency Removal and Religious Communities—Putting Eldorado on the Map

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Explores the impact of the First Amendment, the Fourth Amendment, and the Texas Family Code on searches and seizures within religious communities and the circumstances required to remove children. Part II will discuss three separate religious communities and their experiences with government raids. Part III will discuss the historical relationship between government officials and untraditional religious groups. Part V will explain CPS procedures for removing children at risk of abuse and neglect and discuss the professional determinations made by CPS workers that provide opportunity for religious discrimination. Part VI will investigate the unresolved constitutional concerns raised by the 2008 FLDS raid. Specifically, that section will discuss the Fourth Amendment issues involved in the removal of children within religious communes and the grounds required to satisfy a "reasonable search and seizure. Part VII will address statutory changes in the Texas Family Code that are necessary to prevent unjustified removals in the future. Ultimately, advances the idea that societal and statutory changes need to be implemented to prevent bias when responding to concerns within unconventional religious communities.

Description

Keywords

Raids on unconventional religious communities, FLDS at Short Creek, Arizona, Branch Davidians, Tony Alamo Christian Ministries, Eldorado-Area Ranch raid, Child Protective Services (CPS), Child removal, Emergency removal, Free Exercise Clause, Texas Family Code, Polygamy

Citation

Kelli Larsen, Protecting the Children, But at What Cost?: Emergency Removal and Religious Communities—Putting Eldorado on the Map, 42 Tex. Tech L. Rev. 215 (2009-2010)