Texas Couple Sues DFPS After Child Taken Over Midwifery Decision
Austin, Texas – A couple in Texas has initiated legal action against the Department of Family and Protective Services (DFPS) following the seizure of their newborn daughter, which they attribute to their decision to use a midwife for treating jaundice, rather than opting for a hospital visit.
Background of the Case
Rodney and Temecia Jackson welcomed their third child in March 2023, with assistance from a licensed midwife. Shortly after the birth, the couple took their newborn to a pediatrician, who diagnosed her with jaundice. Instead of hospitalization, the Jacksons opted for a home treatment plan under their midwife’s guidance.
Concerned about potential medical neglect, the pediatrician informed Child Protective Services (CPS), which subsequently removed the child from the Jacksons’ custody.
Their daughter was placed with a foster family for 24 days before being returned on April 20, 2023.
Legal Claims and Designations
The Jacksons allege that the DFPS assigned them a “reason to believe” designation after concluding their investigation, which they claim has significant implications for their daily lives and undermines their parental rights.
In their statement, the Jacksons expressed, “When our daughter was just seven days old, she was taken from our home under an invalid court order. She should have been safe in our arms… No parent should ever have to experience the trauma of being torn from their baby.”
In response to the designation, which they argue violates Texas law as well as their constitutional rights, the couple is seeking to have these designations—“reason to believe” and “unable to determine”—removed from their records, as well as their names from the DFPS central registry.
The Impact on Family Life
The family’s experiences with DFPS have instilled a lasting concern in Mrs. Jackson, as detailed in court documents. She expressed a fear that even minor accidents involving their children might lead to another intervention by DFPS due to their current designation. Specifically, documents noted concerns regarding:
- Anxiety about seeking medical help for her children.
- Impact on her family’s ability to access assistance from healthcare providers and authorities.
Next Steps
The lawsuit, filed in Travis County, aims to challenge the validity of the DFPS designations while seeking lawful resolutions that protect their family unit. The Jacksons assert that no family should endure the trauma they faced, simply for opting for midwifery treatment.