Earlier this week, the Third Court of Appeals in Austin, Texas issued a decision on a writ of mandamus for the case involving the YFZ Ranch in El Dorado, Texas.  The Court made findings in regards to a section 262 hearing in San, Angelo, Texas. Rob Galvin and I both attended the hearing because we each represent children who were removed during a night-time raid by CPS investigators, SWAT teams, Texas Rangers, and what was described at the hearing as a tank.  I’m assuming it was an urban assualt vehicle.

The Court ruled, “The Department failed to carry its burden with respect to the requirements of section 262.201(b). Pursuant to section 262.201(b)(1), the danger must be to the physical health or safety of the child.”  Additionally the Court found, “The Department also failed to establish that the need for protection of the Relators’ children was urgent and required immediate removal of the children.”

I anticipate CPS will appeal this ruling to the Texas Supreme Court if it has not already.

The California Supreme Court recently ruled on a consitutionality issue of same sex marriage under the California constitution.  Specifically, the question addressed, “is whether…the failure to designtate the official relationship of same-sex couples as marriage violates the California Constitution.  The Court ruled, “In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation.”

Apparently, the issue of this case is what to call same-sex unions and the Court is stating that the term is “marriage.”

I will be in San Angelo later next week for my part of this case and Rob Galvin will be in court the following week.  Galvin, Dominguez, Hindera, & Schwab, LLP represents the interests of our clients whether they are parents or children.  The firm website is at www.gdhs-familylaw.com.