A husband and wife charged with 26 violations of the state's pornography law are "depraved," a Rhode Island judge ruled today, and he ordered the couple's children removed from their custody despite psychiatric testimony that the youngsters had suffered no emotional damage.

In his ruling, Family Court Judge Edward V. Healey invoked a section of Rhode Island law permitting the state to take children from parents who commits acts of "depravity," The section, which has existed at elast since the recodification of law in 1945, had never been used before, according to the the court.

The judge took the children, one 10 years old and one 6, from their parents despite testimony from two psychiatrists as to their stability. There was no accusation of physical abuse of neglect.

Maxmillian Leblovic, 35, and his wife, Susan, 31, said they will appeal the ruling to the Rhode Island Supreme Court, the state's top appellate court.

The Leblovics were arrested on Dec. 4 in a state police raid of their Jamestown, r.i, home. where they were publishing two sexually explicit magazines entitled "Love" and "Hate."

The raid was the latest in a series of pornography arrests by state and local police throughout Rhode Island. The raids included one on an art exhibit held by students of the Rhode Island School of Design in Providence; last week Probidence Police Chief Angelo P. Ricci threatened to arrest a Playboy photographer seeking to photograph women students at Brown University.

On the night of the Jamestown raid, state police not only confiscated photographs of the magazine but also took away the Leblovics' children, Michael, 10, and Shana, 6.

The children spent three days in the state-run Children's Center, a facility widely criticized for overcrowding and abuse of children by staff. Michael lived in a dormitory where broken windows have remained unfixed for two weeks despite occasional below-freezing temperatures.

Subsequently, the children were allowed to stay in Rhode Island with their maternal grandparents, who arrived from Los Angeles while Judge Healey considered their fate in four days of hearings.

Doris Gardiner, a Warwick, R.I., policewoman who worked undercover as a secretary in the Leblovic's small publishing business, told the court that sexually explicit material was lying about the house in full view of the children and that the Leblocics and others posed for sexually explicit photographs in the house.

Two psychiatrists, one employed by the state and the other appointed by the court, examined the children and found them to be "normal youngsters." The psychiatrists testified that the children chould possibly suffer some emotional disturbance if they continue to be exposed to an environment which overemphasizes sex but put the risk on a par with an overrestrictive environment.

Both said, however, that removing the children from their parents would do them more harm than allowing them to remain at home. They recommended that the children remain with the parents and that the family be given psychiatric counseling.

As the judge was reading his decision, Maxmillian Leblovic ran from the courtroom and embraced his children who were waiting in the hall. The state's action is "barbaric," he had said earlier. "There are porno busts every day and they don't take away the kids."