Family in Texas Files Lawsuit Against DFPS Over Infant Placed in Foster Care for Three Weeks
Texas Family Files Lawsuit Against Department of Family and Protective Services Over Newborn Seizure
A Texas family has taken legal action against the Department of Family and Protective Services (DFPS) for seizing their newborn baby for over three weeks, as reported by The Texas Tribune. The Jacksons, whose child was taken into custody due to medical concerns surrounding her jaundice treatment, are alleging that DFPS enforces unlawful and unconstitutional policies.
The DFPS investigation into Temecia and Rodney Jackson was triggered by concerns shared by the family's pediatrician, who reported to child protective services that the Jackson family may struggle to care for their newborn, Mila. The pediatrician's report mainly mentioned the family's decision to engage a midwife instead of hospital care for Mila's jaundice or jaundice-like condition.
Now, the Jacksons are suing the Texas DFPS, stating that the department's actions violate their constitutional rights.
"At no point in my life and my motherhood did I ever think such an event could happen," Temecia Jackson stated. "She was taken from us for nearly her first month of life, and it's never going to be fully over for us."
State officials returned Mila to her parents after approximately three weeks, during which she was placed in foster care.
The American Civil Liberties Union (ACLU), which is representing the Jacksons in the lawsuit, pointed out that DFPS initiated the investigation without a hearing and then issued a formal designation suggesting that Mila's parents were neglectful.
This designation caused Temecia and Rodney Jackson to appear on a state registry of persons accused of abuse or neglect, potentially affecting their ability to continue volunteering with their older sons' sports teams due to background checks.
"When it was time to renew my annual check to volunteer at their school," Temecia Jackson noted, "I feared they would pull up that record and see that designation from CPS."
Temecia Jackson also expressed her increased attachment to her daughter, making it challenging to leave Mila with baby-sitters or family friends.
"I would not wish this experience on any mother," she said. "We hope with this lawsuit, DFPS will make changes so that other families will not have to go through what we did."
Sources:
- ACLU of Texas Sues DFPS Following the Forcible Removal of Newborn From Dallas Couple
- CPS took a Texas newborn for three weeks. Now the family is suing.
"The Jacksons, who are represented by the American Civil Liberties Union (ACLU), argue that the Department of Family and Protective Services (DFPS) overstepped its bounds by enforcing policies related to family health and parenting, as their decision to engage a midwife for their daughter's jaundice treatment was a personal health-and-wellness choice."
"If successful, the lawsuit filed by the Jacksons could potentially lead to reforms within the DFPS, ensuring a more balanced approach to family-health matters and potentially preventing similar incidents from occurring in the future."
