Ruling may affect whether teachers must report gender-affirming care as child abuse
A lawsuit was filed by a group of parents and an advocacy organization called PFLAG against the Texas Department of Family and Protective Services regarding whether TDFPS could investigate parents for child abuse for providing gender-affirming medical care. As part of the lawsuit, the parents requested that the court temporarily prevent TDFPS from conducting such investigations until a final decision was made in the lawsuit. That request was granted and TDFPS appealed to the court of appeals.
In its ruling, the court of appeals noted that parents have a protected interest to make decisions concerning the care, custody and control of their children, including medical decisions, and that this right is considered "a basic civil right." It determined that TDFPS cannot investigate families for child abuse based solely on their decision to provide gender-affirming care for their children. It is likely the decision will be appealed to the Texas Supreme Court. If the court’s decision stands, it appears that teachers and other professionals are not required to make reports of suspected child abuse solely on the basis that they become aware a child is receiving gender-affirming medical care. Click here to read more.
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