On Wednesday, a Texas district judge blocked an investigation by the Texas Department of Family and Protective Services of parents of a 16 year old who claims to be transgender.
On February 22, Texas GOP governor Greg Abbott wrote a letter to the Texas Department of Family and Protective Services (DFPS) in which he stated, “The Office of the Attorney General (OAG) has now confirmed in the enclosed opinion that a number of so-called ‘sex change’ procedures constitute child abuse under existing Texas law. Because the Texas Department of Family and Protective Services (DFPS) is responsible for protecting children from abuse, I hereby direct your agency to conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas.”
“It is already against the law to subject Texas children to a wide variety of elective procedures for gender transitioning, including reassignment surgeries that can cause sterilization, mastectomies, removals of otherwise healthy body parts, and administration of puberty-blocking drugs or supraphysiologic doses of testosterone or estrogen,” Abbott noted. “Texas law imposes reporting requirements upon all licensed professionals who have direct contact with children who may be subject to such abuse, including doctors, nurses, and teachers, and provides criminal penalties for failure to report such child abuse. … Texas law also imposes a duty on DFPS to investigate the parents of a child who is subjected to these abusive gender-transitioning procedures, and on other state agencies to investigate licensed facilities where such procedures may occur.”
The mother of the 16 year old, who works at the Texas Department of Family and Protective Services, filed suit against the governor, DFPS Commissioner Jaime Masters and the DFPS. “According to the lawsuit, the Department of Family and Protective Services became aware of the teen’s treatment after her mother — an agency worker who reviews abuse and neglect reports — asked a supervisor to clarify the impact of Abbott’s order the following day,” the Austin American-Statesman reported, “Within hours of making the inquiry, the lawsuit said, the employee was placed on leave and later informed that she and her husband would be investigated to determine if they abused their daughter by providing medical treatment for gender dysphoria.”
From the facts set forth in Plaintiffs’ Petition, and the declarations attached thereto, the Court finds Plaintiffs will suffer irreparable injury unless Defendants are immediately restrained from enforcing the Governor’s letter and the DFPS statement. …
The Court finds Jane Doe has been placed on administrative leave at work and is at risk of losing her job and that Jane, John and Mary Doe face the imminent and ongoing deprivation of their constitutional rights, the potential loss of necessary medical care, and the stigma attached to being the subject of an unfounded child abuse investigation. The Court further finds that if placed on the Child Abuse Registry, Jane Doe could lose the ability to practice her profession and both Jane and John Doe could lose their ability to work with minors and volunteer in their community.
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