Home » Parents Take Legal Action Against Texas CPS for Newborn Custody Dispute

Parents Take Legal Action Against Texas CPS for Newborn Custody Dispute

by Texas Recap Team
Parents take legal action against texas cps for newborn custody

Texas Family Sues Child Protective Services Over Due Process Violations

In a disturbing case that gained significant media attention, Temecia and Rodney Jackson have filed a lawsuit against the Texas Department of Family and Protective Services (DFPS) following the traumatic removal of their newborn, Mila. The lawsuit, supported by the American Civil Liberties Union (ACLU) of Texas, raises serious concerns about the treatment of families by child welfare agencies.

Background of the Case

Two years ago, the Jacksons’ newborn was taken from them just three weeks after birth amid allegations of medical neglect related to the treatment of Mila’s jaundice. Their pediatrician reported the family to child protective services due to concerns about their choice to use a midwife instead of seeking hospital treatment. This intervention led to the child’s removal from the family, which subsequently faced emotional and social repercussions.

Legal Proceedings and Complaints

The Jacksons’ lawsuit challenges specific DFPS policies that they argue violate due process rights and state laws. Central to their complaint is the manner in which DFPS managed their case post-reunification. The agency conducted an investigation without a formal hearing, subsequently labeling the parents with a designation stating they had “reason to believe” medical neglect occurred. This classification placed the Jacksons in a central registry, with far-reaching implications for their public lives and community involvement.

The Impact of the Registry Designation

Temecia expressed the stigma associated with being included in the abuse registry, which affected her ability to volunteer at her children’s school and participate in community activities. Despite the emotional toll, the family later managed to have their designation reduced to “unable to determine,” a status that, although less severe, does not allow for appeal and could still be used negatively by DFPS in future assessments.

Concerns Over Systemic Bias

The Jackson case underscores broader issues within child welfare systems, particularly regarding the treatment of families of color. Research indicates that these families often face more frequent scrutiny. For instance, a study from Rutgers and Duke Universities found that Black children in populous counties often have increased interactions with child protective services, revealing systemic biases that can lead to disproportionate investigations and interventions.

A Call for Policy Reform

The Jackson family hopes their legal action will not only vindicate their name but also spark systemic reforms to prevent similar injustices for other families. Their lawsuit seeks to address two troubling policies: the ability of DFPS to classify individuals without a proper hearing and the limitations on appealing classifications deemed “unable to determine.”

Personal Impact on the Family

The emotional scars from the ordeal significantly impacted the Jackson family. Temecia noted an intensified bond with Mila, stemming from their experience. This trauma led them to move away from their Dallas home, as they no longer felt safe there.

Conclusion

As the Jacksons continue to navigate the aftermath of their experience, they express hope that this lawsuit will initiate necessary changes in the Texas child welfare system. “I would not wish this on any mother,” said Temecia, reflecting on their painful journey. Their case serves as a critical reminder of the importance of protecting parental rights and ensuring fairness in child welfare decisions.

For further reading, visit ACLU Texas.

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