Parents Challenge Their Child’s Removal Over At-Home Treatment

A Texas couple’s decision to treat their newborn’s jaundice at home has led to a contentious legal battle with state authorities—a fight that underscores the importance of parental rights and due process.

Quick Takes

Rodney and Temecia Jackson faced accusations of medical neglect for home treatment of their newborn’s jaundice.
Their child was removed by authorities but later returned; they remain on the state’s child neglect registry.
The Jacksons are suing the state, asserting their parental rights and challenging registry procedures.
The case raises concerns about racial disparities and due process within the child welfare system.

Jacksons vs. Texas: A Legal Dispute

Rodney and Temecia Jackson’s newborn, M.J., was taken from them after they opted for home treatment of jaundice, guided by a midwife. This decision led to the involvement of Child Protective Services (CPS) and the placement of the Jacksons on Texas’s child neglect registry. Rodney and Temecia assert that their approach was within parental rights and highlight their lack of prior notification before being added to this registry.

While their child was eventually returned, the Jacksons face lingering impacts from their placement on the registry and feel procedural tactics and due process were violated. The Texas Department of Family and Protective Services (DFPS) maintains the registry, which lists cases of reported child abuse.

Push for Reform: Procedural Flaws

The Jacksons are now suing DFPS, arguing that harmful designations like “reason to believe” and “unable to determine” in CPS investigations are assigned without fair hearings. These designations can have lasting effects, impacting individuals’ ability to pass background checks crucial for community involvement, as Temecia Jackson noted when recalling her fears about volunteering at her child’s school.

“Unable to determine wouldn’t show up in a background check, but let’s say there was a situation where, hypothetically, one of the kids went to school one day with a bruise… DFPS uses that record as a factor in determining whether or not a child should be moved from the home,” said Charelle Lett, an attorney at ACLU Texas.

The lawsuit challenges the procedures for registry inclusion, alleging unconstitutional violations and calling for more transparent guidelines for families facing such accusations.

Highlighting Racial Discrepancies

The story also sheds light on racial discrepancies in child welfare reporting. Studies have shown that Black families are disproportionately affected, facing more frequent investigations due to deeply ingrained biases. The Jacksons’ experience points to how certain families are unfairly targeted by such systems.

“The Jackson family’s experience highlights how Black families are often unfairly targeted by a child welfare system that fails to understand or respect their choices,” said Lett.

The couple’s lawsuit seeks to prompt change and ensure no other family endures similar trauma, particularly from discriminatory practices. These steps could help safeguard the rights of parents and address underlying structural issues within the child protection environment.

Rodney and Temecia’s Enduring Battle

Rodney and Temecia Jackson emphasize that while their daughter is now safe, the recent events scarred their parental experience and strained their family. Their lawsuit aims to protect other families from what they view as institutional overreach and unjust racial targeting.

“When our daughter was just seven days old, she was taken from our home under an invalid court order… We hope the court’s power to hold DFPS accountable means that no other family has to endure our pain—simply for choosing midwifery,” said the Jacksons.

As they pursue legal resolution, the Jacksons’ case represents the challenges faced by many families accused of neglect or abuse, shining a light on the pressing need for reform in child protection investigations.