FLDS COMPANION CASE TO In Re TDFPS, No. 08-0391 (Tex. May 29, 2008)
In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (mass
child custody case against FLDS polygamist sect) (1 page opinion in pdf)
IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district
(03-08-00298-CV, ___ S.W.3d ___, 05-22-08)
motion for emergency relief denied
motion to exceed page limit granted
Per Curiam Opinion
Justice O'Neill, joined by Justice Johnson and Justice Willett, concurring in part and dissenting in part for the
reasons explained in Justice O'Neill's separate opinion in No. 08-0391.
The Texas Department of Family and Protection Services petitions for review by mandamus of the court of
appeals’ decision in In re Bradshaw, ___ S.W.3d ___ (Tex. App.–Austin 2008, orig. proceeding) (mem. op.).
That case arose out of the same child protection proceedings as In re Steed, ___ S.W.3d ___ (Tex. App.–
Austin 2008, orig. proceeding) (mem. op.), and involved three mothers seeking return of their thirteen
children. The record reflects that ten of the children are under 13 and the other three, all girls, are 13, 16,
and 17. The court of appeals reached the same decision in both cases. For the reasons we explain today in
No. 08-0391, In re Department of Family and Protective Services, ___ S.W.3d ___ (Tex. 2008) (per curiam),
the Department’s petition is denied.
Justice O’Neill, Justice Johnson, and Justice Willett concur in part and dissent in part for the reasons
explained in Justice O’Neill’s separate opinion in No. 08-0391.
Opinion issued: May 29, 2008