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Broader injunction issued to halt DFPS investigations of trans kids’ families

Good.

Texas’ child welfare agency is once again blocked from investigating parents who provide gender-affirming care to their transgender children. The injunction applies to any family that belongs to PFLAG, an LGBTQ advocacy group with more than 600 members in Texas.

The injunction also specifically protects a handful of families named in the suit, including the Briggles, outspoken advocates for transgender youth who were among the first to be investigated under this directive.

This is the latest chapter in a monthslong legal battle over whether providing medically indicated gender-affirming health care, under the guidance of a doctor, could result in a finding of child abuse by the state.

In February, following a nonbinding legal opinion from Attorney General Ken Paxton, Gov. Greg Abbott directed the Department of Family and Protective Services to investigate parents who provide gender-affirming care to their transgender children.

The Texas Supreme Court has ruled that Abbott had no grounds to direct DFPS to investigate these families but overturned a statewide injunction on procedural grounds.

The American Civil Liberties Union and Lambda Legal brought another lawsuit after that first injunction was overturned, seeking protections on behalf of all members of PFLAG. Travis County District Judge Amy Clark Meachum granted that injunction Friday, three months after hearing arguments.

See here for the previous update and here for a copy of the ruling. This injunction will benefit a lot more families as noted by the story, but we know that it will be appealed and ultimately the Supreme Court will have the final word, so celebrate responsibly. Assuming it hasn’t been mooted by that point, there will be a trial on the merits in Judge Meachum’s court next June. The ACLU, Lambda Legal, Amber Briggle, and the Chron have more.

“Safe haven” laws are also not a replacement for abortion

Continuing a theme.

What are safe haven laws?

flurry of Houston baby abandonments in the ’90s led Texas to become the first state to enact a safe haven law in 1999.

Created as an incentive for parents in crisis who are unable to care for their newborns, the law allow parents to drop off babies 60 days or younger at any hospital, fire station or EMS station in the state, no questions asked.

The baby will then be protected and given medical care until a permanent home is found. Provided the baby arrives unharmed and safe, the parents avoid prosecution for abandonment or neglect.

Do people actually use the laws?

Roughly 400,000 babies are born in Texas each year, but data shows that a small fraction of people actually utilize the option.

Just 172 infants have been relinquished under the state’s safe haven law since 2009, according to data from the Department of Family and Protective Services.

Why?

Most families have likely never heard of it, said Sheila M. Katz, a sociology professor at the University of Houston.

This is especially true for middle- and low-income families who may not have the “extra bandwidth” to explore something until they’re in the situation, Katz said.

[…]

Katz said safe haven laws are “very good” at doing what they’re designed to do, but weren’t created to be an option for people unwilling to continue pregnancies.

“It’s taking a law and trying to make it look like a band-aid for bigger issues,” she said.

“If a woman is in an unhealthy relationship and decides to get an abortion to sever ties,” Katz added, “a safe haven law will not help in this situation.”

Or, to put it another way, people who choose to get abortions do so because they don’t want to be pregnant. There’s a separate decision made about what to do after giving birth once that one has been made. The impression I get is that the kind of person who would dump a baby at a fire station is someone who felt truly desperate and trapped and without any other option. While it is very likely that the post-Dobbs criminalization of abortion in Texas will increase that population, the availability of abortion pills and the still-robust abortion access network may mitigate that. I could be wrong, of course – we may in fact see enough of an increase in that population to drive an equivalent increase in the number of babies getting deposited at these locations. If you think that’s something to cheer about, well, you know what I think of you.

I don’t know why anyone thinks that IVF will be safe in Texas

That’s what people are saying now.

Abortion bans across the country have thrown into question the fate of in vitro fertilization, an expensive medical process that helps people become pregnant.

But experts and anti-abortion groups say Texas’ laws shouldn’t apply to IVF treatment, and clinics across the state are proceeding with the procedures for now.

Similar to other “trigger laws” enacted to ban abortion after the U.S. Supreme Court’s reversal of Roe v. Wade, a Texas law passed last year broadens the definition of an “unborn child” to begin at “fertilization” and include “embryonic” stages.

That type of language can raise questions about the “personhood” and rights of embryos in IVF and other fertility treatments, said Dr. Natalie Crawford, who is co-founder of Fora Fertility in Austin.

In IVF, Crawford said, doctors use hormone injections to save more of a woman’s eggs during a menstrual cycle and take them out to fertilize them with sperm in a lab. The eggs are then allowed to grow into a blastocyst, or an implantation-stage embryo.

Crawford said this allows doctors to select the embryo they believe has the “highest chance of success” for a pregnancy to put back inside the woman’s uterus and save the other embryos so patients can try again or grow their family in the future. Doctors can also use these embryos to test for genetic diseases.

Once a person or couple no longer need the embryos, they decide whether to discard them as medical waste, donate them for scientific research or to donate them to another couple, she said. It’s this step in particular that is posing a question for IVF treatments in the face of abortion bans.

“The thing that we’re the most uncertain about is, ‘could it impact discarding embryos, like when somebody is done with their family and they have remaining embryos?’” Crawford said. “Or if they have genetically abnormal embryos, could it potentially make it harder to discard those?”

Some also worry about doctors’ ability to conduct genetic testing.

Right now, Crawford and other fertility doctors in Texas and other states are continuing IVF treatments because most laws against abortions focus on embryos during pregnancies, not outside of the womb.

“While they contain phrases like ‘every stage of human development,’ or ‘from the moment of conception,’ which makes us nervous, they are written in a statute that is clearly about terminating an established pregnancy,” said Sean Tipton, chief policy and advocacy officer for the American Society for Reproductive Medicine.

The American Society for Reproductive Medicine broke down “trigger laws” across the country, based on its lawyers’ analysis, and says Texas’ trigger law “does not appear to be applicable to IVF and reproductive medicine services prior to implantation of embryos.”

[…]

In Arkansas, Alabama and Oklahoma, attorney generals’ offices have clarified anti-abortion laws should not have implications for IVF, but Idaho’s attorney general said it would be up to local prosecutors to decide how to enforce the state’s trigger law, according to NBC News. Texas Attorney General Ken Paxton’s office did not respond to a request for comment from The Texas Tribune.

[…]

[John] Seago said Texas Right to Life has concerns about the “destruction” of “excessive” embryos, particularly in medical research, but the issue is not one of its priorities for Texas’ 2023 legislative session. Instead, its priorities include enforcing existing laws against abortion and providing more support for pregnant women.

Amy O’Donnell, a spokesperson for the Texas Alliance for Life, said the group had not finalized its legislative priorities yet, but said the group supported a law passed in 2017 requiring the Texas Department of Family and Protective Services to post information on its website about embryo donations to other people to promote the option.

A bill filed in 2019 aimed to ban state agencies from contracting with vendors affiliated with “destructive embryonic stem cell research,” human cloning and abortions, but the legislation didn’t gain traction.

Do you trust Ken Paxton, the guy who’s now suing to force doctors to let women die rather than perform an abortion that would save them, to take a reasoned and nuanced view of this? Do you trust the forced-birth advocates, who worry about the “destruction” of “excessive” embryos, to sit this one out? They could force you to pay for storage of your unused embryos for literally all of eternity, or to give them to strangers, if they get their minds to it and still have the legislative majorities. Do you trust the same legislature that passed SB8 to refuse to do their bidding if it comes to that?

If I were in this position, this is what I would do.

[Dr. Robert] Hunter runs a fertility clinic offering in vitro fertilization (IVF) in Louisville, Kentucky, where a blocked abortion law could soon put IVF in jeopardy, too. Now, many patients are scrambling to make decisions about their future. Kentucky is one of a handful of states that wants to use an abortion regulation to define life as beginning at fertilization, common language that is present in several other abortion bans that have gone into effect or will soon, including in UtahTexas and Louisiana.

The Kentucky law is currently blocked by courts, but that could change soon and, in November, voters will determine whether the state can even guarantee the right to an abortion.

Other states want to move further, giving embryos constitutional rights through what are called “personhood” bills, even though, scientifically, most will never become babies. Roe was the largest roadblock stopping these kinds of bills from becoming reality, but without it, patients in states including GeorgiaIowaOhioOklahomaSouth Carolina and Nebraska, where personhood laws have been proposed but have not yet passed, could face the same questions as Hunter’s patients in Kentucky.

Both kinds of laws could affect embryos created through IVF, causing spillover effects into other areas of reproductive care. Hunter’s patients likely now have a small window before those laws become more concrete realities in Kentucky, putting into question what they can do with their own embryos. Moving embryos to another state could buy patients some time. It may also afford them something even more valuable: a choice.

“IVF is just another side of the reproductive choice coin,” Hunter said. “You think about abortion as being a woman’s right to choose ‘no.’ IVF is their right to choose ‘yes.’”

And if it comes to it, this same legislature that will if unchecked start passing bills to criminalize everyone even tangentially involved with abortion will make it a crime to transport embryos across state lines. It’s just a matter of time. Get them to another state now while you still can. The Chron has more.

Another injunction issued to halt DFPS investigations of trans kids’ families

New case, different families.

A Travis County judge on Friday granted a narrow injunction against the state of Texas that will continue to block investigations of child abuse for two families who allowed their children to receive gender-affirming care.

The suit was brought by three Texas families and national LGBT advocacy group PFLAG in response to the Department of Family and Protective Services resuming the investigations this spring, after the Texas Supreme Court ruled it could in a similar but separate case.

“The DFPS Rule was given the effect of a new law or new agency rule, despite no new legislation, regulation, or even valid agency policy,” said Judge Amy Clark Meachum, a Democrat, in granting the injunction, which will last until the case’s resolution.

Like another Travis County judge who granted a temporary restraining order that blocked the investigations into the plaintiff families, Meachum wrote in her ruling Friday that restarting the inquiries would cause “immediate and irreparable injury” to them.

Unlike the previous injunction, however, Meachum’s order does not apply to all members of the chapter-based group PFLAG.

Meachum said Friday that she will “consider legal and factual consideration” and “rule as soon as possible” on whether to do so. Adam and Amber Briggle, the third plaintiff family, was also not included in Friday’s injunction, as their CPS case was closed after the lawsuit was filed.

[…]

There have been 11 investigations of parents of Texas transgender youth, testified Marta Talbert, a director of the state’s Child Protective Investigations unit who was called as a witness by state lawyers. Talbert said five have been closed and two are close to being closed.

The other four cases are stayed by the court through litigation. Talbert said this was either because the state found the youth were not on any kind of puberty blockers or hormones or, more often, because their doctor was able to provide information about their care to investigators.

Lawyers for the plaintiffs disputed that the investigations were being held up for purely administrative reasons and said there seemed to be “further activity” by the child welfare agency on them, contradicting Talbert’s testimony.

See here for a copy of the judge’s order. As the story notes, the state has already filed an appeal, so this will end up before the Supreme Court again in fairly short order. I’m going to go through a bunch of previous posts to review the history so far, but first let’s look at the Statesman story for some further details.

Meachum’s temporary injunction blocked the child-welfare agency from taking any action against the families other than to close its investigations — if that can be done without further contact with the parents or children.

The controversy began in February when Paxton issued a nonbinding legal opinion that said gender-affirming care was prohibited by state child-abuse laws. National medical experts said Paxton relied on false claims, exaggerations and errors to reach that conclusion, but Abbott followed with a Feb. 22 letter directing the Department of Family and Protective Services to investigate such care as abuse, and the state’s child-welfare agency agreed to do so.

Legal challenges followed.

The first lawsuit was filed by a mother, identified only as Jane Doe, who worked for the Department of Family and Protective Services and came under investigation after asking a supervisor what Abbott’s directive meant for her transgender teen. Meachum responded in March by issuing a statewide injunction barring all abuse investigations based solely on providing gender-affirming care.

Paxton’s bid to overturn the injunction is still before the Austin-based 3rd Court of Appeals, but in the meantime, the Texas Supreme Court substantially limited the scope of the judge’s order, striking down the statewide injunction in May while allowing it to apply only to the Doe family.

When Child Protective Services resumed child abuse investigations, three more families filed suit, this time joined by PFLAG, a leading LGBTQ advocacy organization. Last month, a different Travis County judge responded by issuing a temporary restraining order blocking investigations into the three families and any member of PFLAG.

On Wednesday, during a daylong hearing in Austin on whether to convert the restraining order into a longer-lasting injunction, lawyers for Paxton argued that state law gives the child welfare agency the authority to protect minors from abuse, including the potentially improper use of puberty blockers and hormone therapy.

To recap, the first lawsuit to block investigations resulting from Greg Abbott’s executive order, which in turn followed Ken Paxton’s nonbinding opinion, came on March 1, with a DFPS employee and her family, including her 16-year-old daughter, as plaintiffs; Amy Clark Meachum was the judge in this case as well. They won a restraining order, which was then appealed and upheld by the appellate court. On March 11, Judge Meachum issued a statewide injunction to stop the state from investigating anyone for child abuse based solely on the allegation that they provided gender-affirming medical treatment, and anyone from being prosecuted for child abuse for providing gender-affirming care and lifts the mandatory reporting requirements laid out in the directive. This was upheld by the appellate court after some shenanigans by Ken Paxton. On May 13, the Supreme Court upheld the original injunction for the first family that sued but overturned the statewide injunction, which allowed DFPS to pursue other investigations if it had grounds to do so. At that time, DFPS employees said that “agency leadership has acknowledged that these investigations do not meet the current requirements for child abuse and have said policy would need to be generated to match the governor’s directives”, which I believe is what Judge Meachum is citing in this ruling. DFPS did resume some investigations, which led to another lawsuit filed on behalf of three families, who were granted a restraining order by a different Travis County judge, Jan Soifer. One of the three plaintiff families in that case is the Briggles, whose investigation has since been closed by DFPS, which I believe means they are no longer party to that suit, though I could be wrong about that. And that, I believe, catches us up. Whew!

From here the usual pattern will be followed. The restraining order is being appealed, and if history is any guide it will be upheld by the Third Court and go from there to SCOTx. In the meantime, there will be a hearing for a permanent injunction, which according to Judge Meachum’s order will be on December 5. SCOTx may or may not get around to weighing in on the restraining order before then. Most likely some other suits similar to these current two will be filed, and perhaps DFPS will publish an update to their requirements to make their investigations less susceptible to these lawsuits. I have no idea how long that process may take or what the new requirements might look like. I don’t think there’s any relevant federal activity that could have an effect, but that may change, and I might be wrong about that. Needless to say, the 2022 election will have an effect as well.

One more thing, from the Chron story:

The state called as a witness James Cantor, a clinical psychologist based in Ontario, Canada, who said his reviews of studies have found that the majority of children with gender dysphoria no longer end up having symptoms of the condition after hitting puberty and instead “tend to realize they are gay or lesbian.”

Most of the studies he cited in a blog post making the same argument were published before 1988. Gender identity disorder did not make an appearance in the nation’s manual of mental disorders until 1980.

The plaintiffs’ attorneys objected to Cantor’s testimony, saying the studies referenced were not of transgender youths but rather “tomboys” or “effeminate” youth. They also pointed to a North Carolina district court opinion that found that Cantor lacked personal experience or expertise treating minors with gender dysphoria and therefore gave his testimony “very little weight.”

“It’s a complete misrepresentation of the science, one that frankly is the basis and foundation for all of Paxton’s opinions, Gov. Abbott’s directive and the department’s actions,” said Omar Gonzalez-Pagan, senior attorney with Lamda Legal. “It’s a fundamental misunderstanding about trans kids because they don’t believe trans kids should exist.”

This is your reminder that the state’s entire case is built on bullshit and lies, and should be laughed out of the courtroom. The Los Angeles Blade has more.

Restraining order given in latest lawsuit to stop DFPS investigations

Good.

An Austin judge has temporarily stopped the state from investigating many parents who provide gender-affirming care to their transgender children. The state has ruled out allegations of child abuse against one family under investigation, but at least eight more cases remain open.

Travis County District Judge Jan Soifer issued a temporary restraining order Friday in a lawsuit filed on behalf of three families and members of PFLAG, an LGBTQ advocacy group that claims more than 600 members in Texas.

Brian K. Bond, executive director of PFLAG National, applauded the decision to stop what he called “invasive, unnecessary and unnerving investigations.”

“However, let’s be clear: These investigations into loving and affirming families shouldn’t be happening in the first place,” Bond said in a statement.

[…]

This new lawsuit, filed Wednesday by the American Civil Liberties Union and Lambda Legal, seeks to block investigations into all parents of transgender children who belong to PFLAG.

During Friday’s hearing, Lambda Legal’s Paul Castillo revealed that the state has ruled out allegations of child abuse against Amber and Adam Briggle, who were under investigation for providing gender-affirming care to their 14-year-old son.

The Briggle family, outspoken advocates for transgender rights, once invited Republican Attorney General Ken Paxton over for dinner. Five years later, they ended up at the center of a child abuse investigation that stemmed, in part, from a nonbinding legal opinion that Paxton issued in February.

While their case has been closed, many others remain ongoing. Castillo said one of the families involved in the lawsuit was visited by DFPS investigators Friday morning.

“I do want to highlight for the court that every plaintiff in this case has illustrated the stress and trauma of even the potential of having a child removed, merely based on the suspicion that the family has pursued the medically necessary course of care that is prescribed by their doctor for gender dysphoria,” Castillo said.

See here for the background, and here for an account from Lambda Legal. The investigation into the Briggle family had apparently been dropped before the hearing, but as noted the others were still active. The judge has directed the lawyers to schedule a hearing in the coming days, at which time we’ll see if the order gets extended. While DFPS had restarted investigations following the Supreme Court’s lifting of the statewide injunction, the investigation of the family from that original case is still paused, so most likely these families will get the same relief. It’s just a shame that they have to go to such lengths to get it.

I would encourage you to read this Twitter thread by DMN reporter Lauren McGaughy, who live-tweeted the hearing. It’s obvious from the way the state argued the case and responded to the judge’s questions that they know they’re on extremely shaky ground – they’re minimizing the Abbott/Paxton order at every turn, and just not engaging the questions as much as they can. That’s not a guarantee of success for these or other plaintiffs going forward, and the next Legislature could enshrine these orders as law if the Republicans remain in control, but it’s important to see the lack of faith in their own case. The Chron has more.

New lawsuit filed to stop DFPS “investigation” of trans kids and their families

From the inbox:

The American Civil Liberties Union, Lambda Legal, and the ACLU of Texas, along with Texas-based law firm Baker Botts LLP, today filed a new lawsuit in Texas state court on behalf of PFLAG National and three Texas families. The suit requests that the court block state investigations of PFLAG families in Texas who are supporting their transgender children with medically necessary health care.

The lawsuit names Texas Gov. Greg Abbott, who issued a February directive stating that health care that is medically necessary for treating gender dysphoria should be considered a form of child abuse. The suit also names Department of Family and Protective Services (DFPS) Commissioner Jaime Masters and DFPS as defendants.

“For nearly 50 years, PFLAG parents have united against government efforts to harm their LGBTQ+ kids. By going after trans kids and their families, Gov. Abbott has picked a fight with thousands of families in Texas and across the country who are united as members of PFLAG National,” said Brian K. Bond, Executive Director of PFLAG National. “Loving and affirming your child and empowering them to be themselves is the highest calling of any parent, no matter your child’s gender. If it takes a court ruling to ensure that the law protects families who lead with love in support of transgender Texans, so be it.”

PFLAG provides confidential peer support, education, and advocacy to LGBTQIA+ people, their parents and families, and allies. With a nationwide network of hundreds of chapters—including 17 in Texas—PFLAG National works with families, schools, and communities to build safety and support for transgender youth.

In an earlier lawsuit brought by the ACLU, Lambda Legal, ACLU of Texas, and Baker Botts, the Texas Supreme Court upheld part of an appeals court order preventing DFPS from investigating parents who work with medical professionals to provide their adolescent transgender children with medically necessary health care. That case, Doe v. Abbott, is still pending.

While the Texas Supreme Court emphasized that neither Attorney General Ken Paxton nor Governor Abbott have the power or authority to direct DFPS to investigate the provision of essential and often lifesaving medical care for transgender youth as child abuse, the court limited the order blocking all investigations to the specific plaintiffs who filed suit.

“It is indefensible for any state leader to repeatedly attack trans Texans and weaponize the child welfare system against the loving families of transgender kids and teens.” said Adri Pérez, policy and advocacy strategist at the ACLU of Texas. “We will continue to fight against these baseless attacks on our community. Transgender kids deserve to have life-saving gender-affirming care in Texas, so that they might live safely to grow up to be transgender adults. During this Pride Month, we must take a stand against government leaders that are hellbent on stoking fear, and trying to criminalize transgender young people and their families.”

“Notwithstanding the clear language in the recent Texas Supreme Court ruling that Attorney General Paxton and Gov. Abbott do not have the power or authority to direct DFPS to investigate loving families who are providing medically necessary care for their transgender adolescents as child abuse, the agency seems determined to target these families and threaten to tear them apart,” Lambda Legal Senior Counsel Paul D. Castillo said. “With today’s filing, we are joining with PFLAG in working to protect all Texas families who simply want to make sure their children are safe, happy, and healthy. It is unconscionable that the state wants to interfere in that relationship.”

See here for some background, and here for a copy of the lawsuit, filed on behalf of two anonymous families plus the Briggle family. With the resumption of these investigations by DFPS, this is the only way for these folks to protect themselves. Based on what has happened so far I would expect them to get their restraining orders, and after that we’ll have to see what happens with the original case and its eventual appeals. Until we can get a better government in place, I hope we see more of these lawsuits, enough to cover everyone who will need it. The Trib has more.

DFPS to resume investigating families of trans kids

Gross and discouraging.

The state of Texas will restart its abuse investigations into families with transgender kids after a recent court ruling that lifted a statewide injunction on such probes.

In a statement on Thursday, the Texas Department of Family and Protective Services said the agency would investigate all allegations of abuse. The statement, while not addressing the investigations into medical treatments for trans youth, indirectly indicated that these probes will now continue.

“DFPS treats all reports of abuse, neglect, and exploitation seriously and will continue to investigate each to the full extent of the law,” the statement read.

Current state law does not explicitly define gender-affirming medical treatments, such as puberty blockers and hormone therapy, as child abuse. A DFPS spokesman did not comment when asked if the agency plans to continue investigating such treatments as child abuse.

Age appropriate and individualized medical treatments for trans youth, including the ones Texas Attorney General Ken Paxton has called abuse, are supported by the state and nation’s largest physicians groups including the American and Texas Medical Associations. These groups have opposed the state’s abuse investigations and other efforts to block or alter gender-affirming care for minors.

The state’s announcement came just days after the Texas Supreme Court ruled that the attorney general and Gov. Greg Abbott, who had directed the agency to investigate certain medical treatments for trans adolescents as child abuse, had no authority to do so. It put control over these probes back into the hands of protective services, which opened at least nine investigations into families with transgender children since the governor issued his directive in February.

One investigation into an agency employee who has a transgender daughter will remain paused while the family fights to overturn the abuse policy, the ruling stated.

[…]

Brian Klosterboer, an attorney with the ACLU of Texas who is on the team representing the unnamed DFPS employee, said the state’s decision to reopen the cases is unfortunate and unlawful. He said his team believes that the high court’s decision removes any responsibility for Texans to report trans youth getting treatments.

“We are going to be closely monitoring what the agency does. We would encourage families that have any reason to believe that they have an investigation to seek legal help,” Klosterboer said.

“Abbott’s letter and Paxton’s opinion did not change Texas law,” he added. “Gender-affirming health care is still legal in all 50 states.”

See here for the previous entry. The initial litigation is still ongoing – as is so often the case in these battles, the issue is over whether or not the law or in this case executive order can be enforced while the lawsuit is being heard – so there may still be a statewide injunction at some point. There’s also a clear path for other families to file similar lawsuits to get injunctions for themselves, similar to what abortion providers and funds were facing with SB8. It’s still a mess and a huge burden for these people that have done nothing wrong and just want to be left alone. And it’s another reason to vote these guys out in November. The Trib has more.

SCOTx issues mixed ruling on transgender child abuse investigations injunction

We’ll just have to see what happens next.

Texas’ child welfare agency remains blocked from investigating the family of a transgender teen that sued the state in March, but can once again investigate other families that provide gender-affirming care after the Supreme Court of Texas struck down a statewide injunction Friday.

Though it overturned the injunction on procedural grounds, the high court raised questions about why the Department of Family and Protective Services opened these investigations in the first place. The court affirmed in Friday’s ruling that neither Attorney General Ken Paxton nor Gov. Greg Abbott had any grounds to direct the agency’s actions.

[…]

“The Governor and the Attorney General were certainly well within their rights to state their legal and policy views on this topic, but DFPS was not compelled by law to follow them,” Friday’s ruling reads. “DFPS’s press statement, however, suggests that DFPS may have considered itself bound by either the Governor’s letter, the Attorney General’s Opinion, or both. Again, nothing before this Court supports the notion that DFPS is so bound.”

The ruling does note the myriad “informal mechanisms” through which elected officials can influence a state agency, but “ultimately, however, one department or another has the final say.”

[…]

In this case, the ruling said, DFPS was responsible for deciding whether these investigations aligned with current state regulations — and will now have to decide whether to continue these investigations and allow new ones to be opened.

DFPS employees have told The Texas Tribune that agency leadership has acknowledged that these investigations do not meet the current requirements for child abuse and have said policy would need to be generated to match the governor’s directives.

In March, a district judge granted an injunction blocking the state from continuing these investigations or opening new ones. Paxton appealed that decision to the Third Court of Appeals, which reinstated the statewide temporary injunction.

He then petitioned the Supreme Court of Texas to review that appeal. In Friday’s ruling, the high court agreed with Paxton that the appeals court overstepped — while the appeals court can reinstate an injunction if it “preserves the parties’ rights,” they cannot reinstate a temporary injunction of any nature.

In this case, the justices ruled, the “parties” are the family that sued the state initially — not all parents of all transgender children.

Ian Pittman, an Austin attorney representing two families of transgender children that are under investigation for child abuse, said the injunction had allowed his clients to “breathe a sigh of relief” while their investigations were paused. Although the investigations can resume, he’s hopeful that DFPS will now close out the cases.

“This ruling reaffirms that [DFPS Commissioner Jaime Masters] acted improperly when she acknowledged the directive and said they would follow it,” he said. “She was abdicating her responsibilities as commissioner to a political stunt that has no legal authority.”

If DFPS does not close out the cases, he expects other families may consider bringing suits to get any investigations against them similarly blocked.

See here and here for the most recent entries. There were multiple written opinions plus some concurrences and dissents, so just go here and look for case 22-0229 if you want to slog through them. I’ve seen varying reactions to the ruling and will link to them, but this Daily Kos piece is the closest to my own feelings.

Now, some folks are celebrating Friday’s ruling as a win, as the court does explicitly say the governor does not have the “authority to investigate, prosecute, or impose reporting requirements regarding child abuse allegations.” The court also pointed out that neither Abbott nor Paxton could “bind” the Department of Family and Protective Services’ (DFPS) “investigative authority.”

This all sounds encouraging, but again, the court didn’t rule on the ethics of the situation, but whether or not the lower courts were overstepping with the injunction holds. So … What happens now?

DFPS will decide whether or not to continue investigations, as well as whether or not they will open new ones. According to this ruling, the agency was responsible for determining if the investigations met state regulations, to begin with. Per The New York Times, it is not clear whether the ruling will cause the agency to resume investigations right away (or at all) or not.

If the department closes the cases, we can breathe a sigh of relief. If it doesn’t close the cases? It’s likely many more parents will sue the state.

For me? I’m taking it as a cautious win, but I’m not outright celebrating until the agency confirms those cases are closed and that more aren’t on the way.

I’m open to persuasion on this, but until and unless someone changes my mind, I’m waiting to see what DFPS does next, and hoping that as many parents of trans kids are preparing to file their own suits as possible, just in case. Here are statements from the ACLU and Harris County Attorney Christian Menefee, and the Chron, the Texas Signal, and the Texas Observer have more.

Texas child welfare workers are resigning

Three guesses why.

Morgan Davis, a transgender man, joined Texas’ child welfare agency as an investigator to be the advocate he never had growing up.

Less than a year later, one of the first cases under Gov. Greg Abbott’s order to investigate parents of transgender children landed on his desk.

His supervisors in the Travis County office of the Texas Department of Family and Protective Services offered to reassign the case, but maybe, he thought, he was the right person for the job.

“If somebody was going to do it, I’m glad it was me,” Davis said.

He hoped it would be reassuring to the family to see a transgender man at the helm of the investigation. But the family’s lawyer didn’t see it that way.

“She said, ‘I know your intentions are good. But by walking in that door, as a representative for the state, you are saying in a sense that you condone this, that you agree with it,’” Davis said.

“It hit me like a thunderbolt. It’s true,” he said. “By me being there, for even a split second, a child could think they’ve done something wrong.”

Davis resigned shortly after. Since the directive went into effect, each member of his four-person unit has put in their notice as well.

[…]

The employees, most of whom spoke on the condition of anonymity to protect their jobs, said they feel conflicted — unwilling to undertake what they see as discriminatory investigations and critical of the agency’s internal response to requests for guidance, but haunted by what a mass exodus of experienced child abuse investigators would mean for the state’s most vulnerable children.

“Things are already slipping through the cracks. … We will see investigations that get closed where intervention could have occurred,” one supervisor said. “And children will die in Texas.”

We know whose fault that will be. Given the criminally abhorrent state that the foster care system is in, it’s also clear how little that Abbott and Paxton and the rest care. I could quote large swaths of this article to illustrate how monstrous this is, how deeply damaging it has been to these kids and their families, and how this already-overburdened agency will be left with fewer experienced caseworkers and investigators as a result, but you should just go read it. And be mad about it.

Paxton appeals to SCOTx to re-allow investigations of trans kids’ families

Of course he did.

Texas Attorney General Ken Paxton has asked the state Supreme Court to intervene to allow child abuse investigations into parents of transgender children. His request comes just days after a Texas appeals court reinstated a temporary injunction blocking the state’s child welfare agency from investigating parents solely because they provide gender-affirming care to their children.

The Texas 3rd Court of Appeals issued the order as part of a lawsuit brought by the American Civil Liberties Union and Lambda Legal on behalf of the parents of a transgender teenager who were being investigated by child welfare workers.

“Having reviewed the record, we conclude that reinstating the temporary injunction is necessary to maintain the status quo and preserve the rights of all parties,” three appellate justices wrote.

Paxton has asked the state Supreme Court to overturn that injunction, claiming in a petition filed Monday that the injunction “prevents the State from fulfilling its duty to protect Texas children.”

In a statement, the ACLU of Texas and Lambda Legal said that while Paxton’s petition is “not surprising, it is disappointing and dangerous.”

[…]

Until the Texas Supreme Court weighs in, the injunction will continue to block the ongoing — and any new — investigations into Texans accused of child abuse based only on the allegation that they provided gender-affirming medical care.

See here, here, and here for the background. Not much to add, the main thing to know is what’s in that last paragraph – the injunction remains in place until and unless SCOTx takes it away. They can take all the time they want.

Yes, the statewide injunction against investigations into the families of trans kids is in effect

Good.

A Texas appeals court on Monday reinstated a temporary injunction blocking Texas from investigating parents for child abuse if they allow their transgender children to receive gender-affirming care.

The Texas 3rd Court of Appeals issued the order as part of a lawsuit brought by the American Civil Liberties Union and Lambda Legal on behalf of the parents of a transgender teenager who were being investigated by child welfare workers.

“Having reviewed the record, we conclude that reinstating the temporary injunction is necessary to maintain the status quo and preserve the rights of all parties,” three appellate justices wrote.

[…]

District Judge Amy Clark Meachum issued the temporary injunction March 11 after the ACLU and Lambda Legal sued.

The same night Meachum’s injunction was issued, Paxton filed an appeal and claimed he froze the injunction, allowing the state to continue investigations. However, experts said the appeal fell into a complicated legal area, and lawyers had challenged such automatic stays before, claiming the state should not be able to overturn an injunction simply by filing an appeal.

With Monday’s order, the injunction for now will continue to block the ongoing — and any new — investigations into Texans accused of child abuse based only on the allegation that they provided gender-affirming medical care.

See here and here for the background, and here for a copy of the Third Court’s order. Note that none of this is about the merits, just that as is usually the case the district court judge and now the court of appeals has ordered that the original status quo be maintained while the legal question is being answered. As noted when the original injunction was handed down, there will be a hearing in district court on July 11 for a permanent injunction, which is when the merits of the case will be decided.

According to the Chron, this decision will likely be appealed to the Supreme Court, though as of this writing that has not been announced yet. I don’t know if the same “automatic suspension of the injunction” policy that Paxton claimed for the first appeal would be in play in that situation or not, but I am sure that if it’s even a theoretical possibility, Ken Paxton will assert it. We’ll know soon enough.

Is that statewide injunction against investigations into the families of trans kids in effect?

Ken Paxton wants you to think it isn’t, but it’s not really up to him.

When a judge ruled Friday that Texas could not investigate parents for child abuse simply for providing gender-affirming care, it was immediately clear that the legal fight was far from over.

That same night, Attorney General Ken Paxton filed an appeal and then announced on Twitter that the “Democrat judge’s order permitting child abuse is frozen.”

He said that “[m]uch-needed investigations [will] proceed as they should,” and noted that his “fight will continue up to the Supreme Court.”

Lawyers representing the families of transgender children said they don’t believe the appeal should affect the injunction.

Legal experts say this case falls into a complicated corner of the law until the appeals court weighs in.

[…]

The appeal Paxton filed relies on an argument that would allow for an automatic stay in all trial court proceedings. In a statement, a spokesperson for the Attorney General said that there is “therefore no [temporary injunction] in place until the Third Court reinstates it. Investigations into child abuse may thus continue.”

“It’s up to the court of appeals to decide whether to reinstate the impact of the injunction,” said South Texas College of Law Houston professor Rocky Rhodes. “It’s not automatic, but I think that [the ACLU and Lambda Legal] will have a very strong case to have it reinstated.”

But lawyers have challenged these automatic stays before, claiming the state should not be able to overturn an injunction simply by filing an appeal. Attorney Chad Dunn represented the Texas Democratic Party in a case on mail-in voting in which Paxton made a similar argument.

“That would be an extraordinary rule,” Dunn said. “That is not the rule in federal court or other states that I’m familiar with, that you get an injunction against the state and they can just effectively ignore it until there’s been an appeal completed.”

Dunn said he has seen this argument appear only in recent years, and neither the state’s courts appeals courts or the Texas Supreme Court has definitively affirmed that the state has a right to overturn these injunctions.

“In the cases I’m familiar with, the Court of Appeals has either just glossed over this question or they just say … we’re empowered to issue injunctions, so we’re going to issue the same injunction and keep it in place until such time as we decide the appeal,” he said.

If the Court of Appeals grants similar relief, Rhodes said, that will remain in effect even if the case is appealed to the Texas Supreme Court, as Paxton has said it will be.

See here for the background. The plaintiffs’ lawyers have advised their clients that the injunction is in effect and to not participate in any further investigations, if they happen. DFPS itself issued a statement that says they are “following the law” without specifying what that means, which is entirely the question at hand. The Third Court of Appeals had previously denied Paxton’s appeal of the initial restraining order for wonky legal reasons. It seems likely to me that they will rule that the injunction remains in effect while the matter is being litigated, but it’s not clear to me when such an order from them might be forthcoming. There’s no case information on the Third Court’s website beyond the fact that a notice of appeal has been filed. We’ll just have to wait and see.

Texas sues to keep federal funds that would be denied for bullying trans kids

The utter gall, it’s breathtaking.

Texas is worried it could lose over a billion dollars in federal funding over Gov. Greg Abbott’s directive requiring medical professionals to report transgender children receiving gender-affirming health care as potential child abuse.

Texas Attorney General Ken Paxton amended an existing lawsuit suing the Biden administration Wednesday, attempting to void guidance issued by the U.S. Health and Human Services on March 2 that said restricting someone’s ability to receive medical care solely on the basis of their sex assigned at birth or gender identity is likely a violation of the Affordable Care Act for federally funded entities. That federal guidance came in response to Abbott’s directive issued late last month to treat certain medical treatments for trans children as possible crimes to be investigated by the Department of Family and Protective Services.

The federal guidance stated that health care providers do not need to disclose private patient information regarding gender-affirming care and that it is illegal to deny health care based on gender identity.

Paxton, in the lawsuit, said that guidance is based on “erroneous interpretation of sex discrimination.” The lawsuit says Texas does not aim to deny health care based on gender identity. Instead, the state argues its investigations disregard gender entirely, barring all children from “unnecessary medical interventions.”

In 2020, $1.36 billion in federal funds went to Texas’ Department of State Health Services, Paxton said in the lawsuit. More than $26 billion went to the State’s Health and Human Services Commission.

I noted the federal guidance in this post. The main thing you need to know at this point is this:

It’s not a guarantee that Paxton will get what he wants from his hand-picked judge. But there’s a reason he picked him, you know? Daily Kos has more.

Statewide injunction issued against Abbott/Paxton witch hunt

Some good news to end the week.

State District Judge Amy Clark Meachum ruled Friday that providing gender-affirming care is not a reason for the state to investigate a family for child abuse, and halted all such investigations.

The statewide injunction will remain in effect until “this court, and potentially the Court of Appeals, and the Supreme Court of Texas” hear the case, Meachum said.

Meachum said there is a “substantial likelihood” that lawyers for the American Civil Liberties Union and Lambda Legal will prevail in getting Gov. Greg Abbott’s directive for such investigations permanently overturned, calling his actions “beyond the scope of his duty and unconstitutional.”

[…]

Since the directive, the state has opened nine investigations into families who provide this medical care to their children. The injunction stops the state from investigating anyone for child abuse based solely on the allegation that they provided gender-affirming medical treatment. It also stops anyone from being prosecuted for child abuse for providing gender-affirming care and lifts the mandatory reporting requirements laid out in the directive.

Meachum ruled that Abbott’s directive had the effect of a new law or agency rule “despite no new legislation, regulation or even stated agency policy,” which improperly encroached on the legislative arm of the government.

A DFPS supervisor who was called to testify at the Friday court hearing said that the child abuse investigations into families of transgender children are being held to a different standard than other cases.

Investigators can’t discuss cases with colleagues via text or email, and they are required to investigate the cases, even if there’s no evidence of abuse, said Randa Mulanax, an investigative supervisor with DFPS.

Mulanax has decided to resign as a result of this directive after six years with the agency.

“I’ve always felt that, at the end of the day, the department had children’s best interest at heart,” she said. “I no longer feel that way.”

[…]

Lawyers for the ACLU and Lambda argued in court Friday that Meachum should grant a statewide injunction on all of these investigations until the legitimacy of this directive can be argued in trial.

“The defendant’s directives and actions are traumatizing,” said ACLU of Texas attorney Brian Klosterboer. He added that the actions are “killing the ability of transgender youth to continue to get necessary care, and forcing physicians and mandatory reporters … to decide between civil and criminal penalties … and doing what’s right for the health of their patients.”

A lawyer for the state argued that simply opening a child abuse investigation into a family is not necessarily evidence of harm to that family, and that it would be overreach for “the judicial branch to infringe on the executive branch’s ability to perform such a critical task as ensuring the welfare of the state’s children.”

Mulanax said employees have been told not to communicate with colleagues about these cases via email or text message, which she described as unusual and “unethical.”

She said investigators have been told they cannot mark these cases as “priority none,” a designation staff members use when they believe a report does not merit investigation, and must alert department leadership and the general counsel when they’re working on one of these cases.

See here, here, and here for the background, and here for a statement from the ACLU. The state’s argument that merely having CPS open a child abuse investigation into your family is no big deal is just mind-boggling. Like, even if it does eventually go nowhere and the investigators come away telling you that you’re actually doing a swell job as parents, as they told the Briggles, a lot of trauma and very likely lasting damage to your reputation has already happened. I suppose Paxton, who knows a thing or two about being investigated by a grand jury, would argue that that’s no big deal either, since you haven’t been arrested yet. I can name at least two people who would vigorously disagree with that.

The Chron adds a few details.

District Court Judge Amy Clark Meachum, who ruled from the bench late Friday afternoon, said the plaintiffs would suffer “imminent and irreparable injury” if the directive were allowed to stay in place. Among those harms, she said, the mother, who is a DFPS employee, could lose her job; the family would face deprivation of their constitutional rights and the stigma of being subjects of a child abuse investigation; and the daughter would face the loss of necessary medical care.

So far, nine investigations have been opened against parents who are supporting their children’s medical care, DFPS spokesman Patrick Crimmins confirmed. The state and nation’s largest pediatric facility, Texas Children’s Hospital, has temporarily stopped prescribing gender-affirming hormone therapies, and Legacy Community Health has said it’s “analyzing available options.” Several months earlier another program in Dallas pulled its website and halted services to new patients.

“This vast overreach … establishes a new presumption of abuse by parents of transgender children who receive gender-affirming care, triggering investigations of families based solely on the provision of that care and prioritizing those investigations in an unprecedented way,” said Paul Castillo, Lambda Legal’s senior counsel, at the hearing Friday.

[…]

Also Friday, just down the street from the Austin courthouse, more than 100 advocates for LGBT Texans showed up at a public meeting to protest the policy. There were so many people that staff were still unfolding chairs as the meeting started, placing them all the way at the back of the room. Still others sat on the floor.

Dozens held pages of white printer paper in their hands, which contained what they described as statements written by parents of transgender youth who are too afraid of coming under investigation to speak publicly for themselves. The meeting was emotional and angry, and many speakers choked back tears.

“It’s so important that we look up with pride and confidence at the organization” that sets standards for safety for Texas children, said Marie Catrett, who said she has worked as a child care provider for 25 years. “And now I’m looking at this organization possibly being used as a political tool, again, against transgender children. … Your job is not to be political. Your job is to advocate for the safety of children based on facts, based on science, and not for political reasons.”

Outside, advocates held a rally calling for a public outcry against Abbott’s new directive.

Anne Lewis, a board member for Texas State Employees Union, said statements from rank-and-file staff indicate many think asking CPS workers to investigate these families “is baffling, hypocritical and disturbing.”

Lewis quoted one worker anonymously: “I am terrified for families with transgender children.” The worker said she had documented details about a family supporting their transgender teen and now is concerned those details will now be used against them.

Also at the rally was Sam Ames, from The Trevor Project, a LGBT suicide prevention group. He called Paxton’s guidance “a politically motivated opinion that is only going to pit the government against loving families, teachers against students, doctors against patients and neighbors against neighbors, which is language we should all find familiar and has never been on the right side of history.”

Seems Judge Meachum viewed that ridiculous state argument as I did. Of course, this has already been appealed:

Here’s hoping the injunction will at least stay in place as the litigation proceeds. There’s a hearing on July 11 for a permanent injunction if the appellate process allows it to happen at that time.

Ken Paxton repays the Briggle family for their hospitality

What a scumbag he is.

When the case worker asked to inspect the house, Amber and Adam Briggle first led her to the kitchen. They opened the cabinets to show they were full of food.

They moved on to the dining room. Every Sunday the Briggles and their two kids, now 14 and 9, sit in those chairs for dinner and talk about gymnastics or their new purple hair. It was around the dining room table where, six years earlier, Attorney General Ken Paxton and his wife, Angela, sat with the Briggle family eating steak kabobs and watermelon. But last month, Paxton issued a nonbinding legal opinion that gender-affirming health care for transgender kids, like the Briggles’ son, constitutes child abuse. Shortly after, Gov. Greg Abbott ordered the Texas Department of Family and Protective Services (DFPS) to investigate the parents of trans kids.

The Dallas-area family now says it is under investigation and at risk of losing the kids.

“When we were notified of the allegations, it was as if the wind had been knocked out of us. We wanted to scream and cry, but we had no air,” the couple wrote in a statement approved by their lawyer. “Raising a transgender child in Texas has been one long political emergency.”

Briggle said she learned of the investigation February 28, when she found a sticky note on her desk at the massage studio she owns saying she had missed an urgent private call. She assumed it was from another parent of a trans kid looking for advice. When she called the number, the woman on the line informed her that she was a Child Protective Services investigator, and she was 30 minutes away from the Briggle home.

The next 30 minutes went by in a blur, Briggle said. She managed to reach Adam, and they got family attorney Ian Pittman on the phone. They convinced the investigator to meet them at Briggle’s office. She would schedule another meeting for that Wednesday at the house.

“We told the children that they have the right to not answer questions,” the couple wrote in a statement. “We told them that the government is trying to spy on us even though we have done nothing wrong.”

[…]

In the meantime, families like the Briggles have been working feverishly to secure attorneys who will work pro bono, testimonials from friends and family, and home studies for a “safe folder,” an emergency packet of documents to demonstrate their parenting skills. The Briggles have filed a federal complaint against the state, Adam Briggle said.

“The Texas government has launched an effort to round up transgender children and send them off to a broken, overcrowded, and dysfunctional foster care system,” the Briggles wrote.

Last year, the legislature failed to pass a bill that would have labeled gender-affirming medical care as child abuse. Briggle testified against that bill. The couples say their family has been the subject of death threats and harassment ever since.

The family is terrified of speaking up about the investigation now, they said. But the couple is prepared to flee the state, and they worry that if no parents speak up, other trans kids will also face removal.

Adam is a tenured professor. Briggle owns a business. Both kids have a lot of friends. Leaving Texas would destroy their lives, they said.

“I really think that we need to start a contingency plan of that nature,” Adam said.

“If we have to become political refugees in our own country, then that’s what we do,” Briggle added. “But I don’t know where it’s safe.”

I wrote about the Paxtons’ dinner with the Briggles at the time. I did not believe that the Briggles’ generosity would have any effect on the Paxtons, and I’m sad to have been right about that. I can’t imagine what the Briggle family is going through right now. Just seeing them talk about the possibility of leaving the state is breathtaking, given that Amber Briggle was saying this on the same day that story was published:

Whatever the Briggles decide to do, they’re not the only parents who are thinking of fleeing. I can’t even type things like that without wanting to scream. If we’re lucky, there will be a statewide injunction against this cruel policy as soon as today. But that will be appealed, and who knows what happens after that. We also know that losing in court is not going to stop the Republicans, who are all in on hating transgender people now. I’ve said it many times, they’re going to have to lose elections over this. Like, a lot of elections. That’s not going to be easy. The Briggle family is out there doing their part. We all have to do ours.

This is a good start, if a belated one.

Sixty-five major U.S. companies who do business in Texas are calling on Gov. Greg Abbott to reverse his order requiring the state’s child welfare agency to investigate gender-affirming care for transgender youth as a form of child abuse by their parents.

The companies, including Apple, Dow, Google, Johnson & Johnson, Meta and PayPal, in conjunction with the LGBT advocacy nonprofit Human Rights Campaign took out full-page print and digital advertisements in the Dallas Morning News that state in all capital, bold letters: “Discrimination is bad for business.”

“The recent attempt to criminalize a parent for helping their transgender child access medically necessary, age-appropriate health care in the state of Texas goes against the values of our companies,” they wrote. “This policy creates fear for employees and their families, especially those with transgender children, who might now be faced with choosing to provide the best possible medical care for their children but risk having those children removed by child protective services for doing so.”

So far, there are nine new CPS investigations statewide involving parents who are supporting their children’s medical care, said Patrick Crimmins, spokesperson for the state Department of Families and Protective Services. But advocates and lawyers say even just the fear of an investigation is putting immense stress on Texas families with transgender children.

Good for them, but there are a lot more companies that do business in Texas. Where are they? As that Trib story I linked to above points out, the Republican animosity towards the transgender community (as well as some other social issues) has caused a rift between them and their longtime benefactors in the business world, because they care about homophobia and transphobia and “critical race theory” and voter suppression so much more. When is the business community going to recognize this and start acting accordingly?

As a reminder, this is the system that Abbott and Paxton want to put these children into.

Employees at a state-contracted foster care facility established to help female victims of sex trafficking were instead trafficking the children staying there, state officials said Thursday.

The Bastrop operation, called The Refuge, has served 11 children ages 11 to 17. State officials began receiving reports of sexual abuse at the facility in late January, when a staffer alleged that a former employee had sold nude photos of two young girls and used the money to purchase illegal drugs and alcohol for them.

More accusations were made in the following weeks, and state investigators discovered that several staffers still employed at The Refuge were involved in the criminal activity. In total, there are seven alleged victims and nine alleged perpetrators, state officials said at an emergency court hearing Thursday afternoon.

All of the children were finally removed from the facility on Wednesday. One staff member has been arrested, and additional criminal charges are expected, officials said.

“The most appalling thing about this is the disregard of these children and you had to wait to get eight calls before you took 11 female already-trafficked children out of this trafficking situation,” said U.S. District Judge Janis Jack, who has overseen a decade-long lawsuit over the state’s foster care conditions. “This is a system that remains broken.”

The matter came to light Thursday, after the state Department of Family and Protective Services notified court-appointed monitors of the “urgent situation” at The Refuge. Jack blasted state officials for withholding the information from the monitors for several weeks, and for failing to remove the children after the first reports of abuse.

Emphasis mine. Such a commitment to “protecting” children Abbott and Paxton have. Maybe this should be a bigger story? I’m just saying. The Trib has more.

One more thing:

My family has personal experience with evidence-based gender-affirming health care at Texas Children’s Hospital. An amazing team of professionals lovingly guided us through a process that involved months of discernment with an incredible array of best-in-the-world physicians, social workers and mental health professionals. And our child’s quality of life immediately improved. Everything we did was medically necessary. We cannot imagine the devastation we would feel at being told “our lawyers say we cannot provide the medically necessary health care you desperately need.”

Last week, Texas Children’s announced that it would halt gender-affirming procedures. The hospital leaders should know that this is exactly the result Rep. Matt Krause, Attorney General Ken Paxton and Gov. Greg Abbott hoped would occur with their thinly-veiled circumvention of the democratic process: chaos and fearful reactions.

[…]

Abbott not only used Paxton’s legal opinion but misrepresented it to instruct the state to investigate families. In his letter to Department of Family and Protective Services Commissioner Jaime Masters, Abbott states that the attorney general determined that the gender-affirming health care procedures about which Krause inquired “constitute child abuse under existing Texas law.” Abbott completely ignored the express limitations in Paxton’s opinion. As a former Texas attorney general himself and a former justice on the Texas Supreme Court, it is fair to assume Abbott understands the difference. Frankly, the sheer political expedience of his actions seriously endangering the lives of the very children he should be protecting is beyond reprehensible — it is diabolical.

Finally, the simple truth is that Texas Children’s Hospital has allowed the Abbott/Paxton scheme to work by failing to stand up for the right of physicians (not politicians) to determine the medical standards of care for transgender youth. The hospital explanation was that it made the decision to halt care “to safeguard our healthcare professionals and impacted families from potential criminal legal ramifications.” While it is wrong for politicians in Austin to decide what the medical standard of care should be, it is also wrong for lawyers rather than physicians at the leading clinical and teaching children’s hospital in the world — located in the Texas Medical Center of Houston, literally the apex of medicine — to determine standards of medical care.

More importantly, the hospital has missed this opportunity to stand up for their patients. The hospital has left families like ours out in the cold and dashed the hopes of transgender kids just wanting to be their authentic selves.

Instead of using lawyers to dictate medical standards of care, put them to use in the legal arena fighting for medical independence of physicians and the rights of your patients. Don’t succumb, fight back. File a petition in intervention or an amicus brief in support of the lawsuit filed by the ACLU of Texas and Lambda Legal. Show up. Be courageous. Make the voices of the best medical experts in the world heard on these issues. Your silence is deafening.

See here for the background. Whether we get that statewide injunction or not, I agree with this. Texas Children’s Hospital, the other hospitals that have halted gender affirming care, the physicians who treat trans kids, the Texas Medical Association, all of them and more should be doing their part to fight back. If not now, then when?

Appeals court denies Paxton appeal of gender affirming care order

Good.

A Texas appeals court sided with the parents of a transgender teenager in a ruling Wednesday, rejecting Attorney General Ken Paxton’s efforts to allow a child abuse investigation to proceed.

The ruling will allow a lower court to hold a hearing, scheduled for Friday, where lawyers for the American Civil Liberties Union and Lambda Legal will ask a judge to stop the state from launching child abuse investigations against parents who have obtained gender-affirming care for their transgender children.

“This crisis in Texas is continuing every day, with state leaders weaponizing the Department of Family and Protective Services to investigate families, invade their privacy, and trample on the rights of parents simply for providing the best possible health care for their kids under the guidance of doctors and medical best practices. This appeal was always groundless and DFPS and the courts need to stop this egregious government overreach,” said Brian Klosterboer, an attorney with ACLU of Texas.

[…]

The state has opened at least five child welfare investigations into parents of trans children since Abbott issued his directive on Feb. 22, though the real number may be much higher. The state has declined to provide the number of active investigations, citing the pending litigation.

The ACLU and Lambda Legal have sued on behalf of a state worker who has a trans child and alleges she was put on leave and investigated by CPS after asking questions about the directive.

Last week, state District Judge Amy Clark Meachum granted a temporary restraining order blocking the state from investigating the family. Paxton immediately appealed that ruling, and on Wednesday, the Texas 3rd Court of Appeals ruled that it did not have jurisdiction to proceed.

Meachum also scheduled a hearing for Friday to hear arguments on whether to grant a temporary injunction until trial, and whether it should extend to all parents of transgender children.

See here and here for the background. I found a copy of the opinion here – it either wasn’t findable on the Third Court of Appeals website or they just didn’t have it loaded yet. The case information is here. This was a wonky and technical matter of whether the state could appeal a temporary restraining order at this time – you can just skim it to get the gist. Among other things, it means that if Judge Meachum does issue a statewide injunction following the Friday hearing, this will get appealed again, and I imagine it will be on an express lane to the Supreme Court. How it all might go is anyone’s guess. For now at least, this family has a bit of relief, and I hope every other family in that same terrible position will get the same soon.

Paxton appeals gender affirming care order

Of course he did.

Attorney General Ken Paxton filed for an appeal Thursday after a state judge blocked Texas’ child protection agency from investigating the parents of a transgender teenager who received gender-affirming medical care.

District Judge Amy Clark Meachum had granted a temporary restraining order on Wednesday. It did not stop the agency from opening investigations into other families in similar situations.

Meachum was scheduled to consider issuing a statewide injunction blocking such investigations into all parents of trans children on March 11, but that hearing has been put on hold until an appeals court rules on Paxton’s request.

And U.S. Health and Human Services Secretary Xavier Becerra said his agency is looking into tools that would shield transgender Texans from the state’s attempts to hinder access to gender-affirming care.

“The Texas government’s attacks against transgender youth and those who love and care for them are discriminatory and unconscionable,” he said. “These actions are clearly dangerous to the health of transgender youth in Texas.”

[…]

Becerra released guidance Wednesday that says refusing health care because of gender identity is illegal and that health care providers are not required to disclose information regarding gender-affirming care.

President Joe Biden also released a statement Wednesday condemning Texas’ actions.

“This is government overreach at its worst,” Biden said in a statement. “Like so many anti-transgender attacks proliferating in states across the country, the Governor’s actions callously threaten to harm children and their families just to score political points. These actions are terrifying many families in Texas and beyond. And they must stop.”

See here for the background. This is primarily about preventing Judge Meachum from being able to issue a statewide injunction, since the hearing for that action is on hold pending the appeal. The Third Court is more likely than not to deny Paxton’s appeal, but then he’ll go to the Supreme Court, and who knows how long that could take. And delay is good enough for Paxton and Abbott and their wicked aims.

Texas Children’s Hospital has “paused” hormone-related prescription therapies for gender-affirming care in response to the controversial directive from state leaders to investigate medical treatments for transgender youth as child abuse, according to a statement from the hospital.

“The mission of Texas Children’s Hospital is to create a healthier future for all children, including transgender children, within the bounds of the law,” the statement reads. “After assessing the Attorney General’s and Governor’s actions, Texas Children’s Hospital paused hormone-related prescription therapies for gender-affirming services. This step was taken to safeguard our healthcare professionals and impacted families from potential criminal legal ramifications.”

[…]

Lou Weaver, a transgender man and community advocate for transgender children and adults, said very few facilities offer gender-affirming care for children, and Texas Children’s is among the biggest programs in Texas that offered it.

“This is a truly frightening time for trans youth and their parents and guardians,” he said. “The doors to life-saving health care are literally being shut in their faces.”

UT Southwestern’s children’s hospital in Dallas shut down services for new patients at the end of the last legislative session due to political pressure, Weaver said.

I can’t blame Texas Children’s for not wanting to risk the legal exposure, but this is truly harmful and there’s not a clear endpoint. That harm is also financial for the families involved. I don’t know what the feds can do, but they need to figure it out quickly.

And in what may be the most infuriating but least surprising part of this, the opinion Paxton issued was based on misreading studies and making false claims.

One researcher said Paxton distorted her work for political purposes and that she’s “mortified” her research was included in the opinion.

Alexandra Minna Stern, a professor of history at the University of Michigan, studies the history of forced sterilization in the United States. Paxton’s office drew a parallel between forced sterilization and gender affirmation surgeries for minors. “I’m adamantly opposed to this interpretation and it does not align with my research and the conclusions of my research,” she said.

“If they knew anything about my scholarship more generally, they would know that I am someone whose research demonstrates the harm of the very types of policies they’re trying to enact on marginalized people.”

[…]

In his opinion, Paxton cited the work of Dr. Cecilia Dhejne, a Stockholm-based researcher, to support the idea that gender-affirming health care could be harmful to transgender children.

Dhejne led a 2011 study that found that transgender people who have undergone gender-affirmation surgery have worse mental health outcomes than the general population. Dhejne did not respond to a request for comment. However, in the text of the 2011 study, Dhejne and her team caution specifically against using the study to conclude that gender-affirming surgery is problematic, noting that the study did not compare the mental health outcomes of people before and after gender-affirming surgery.

The study’s “results should not be interpreted such as sex reassignment per se increases morbidity and mortality. Things might have been even worse without sex reassignment,” the study says.

Dhejne and her colleagues wrote instead that the study shows a need for better support for transgender people after they undergo surgery.

Paxton also asserts that there has been a recent “spike” in minors receiving gender-affirming “procedures.” He cited the Society for Evidence Based Gender Medicine, an anti-trans advocacy group.

The link in Paxton’s citation leads to a graph showing an increase in youth referrals to the United Kingdom’s Gender Identity Development Service. That national clinic provides a range of care, including counseling; the number of clinic referrals is not necessarily the number of medical interventions like the legal opinion implies.

Similarly, Paxton’s opinion cited the World Professional Association for Transgender Health and said that transgender people should typically be adults before receiving the listed types of gender-affirming care.

In a statement to the Star-Telegram, WPATH said that Paxton applied the citation too broadly. While WPATH does state in its standards of care that genital surgery should typically wait until a transgender person reaches the age of majority, Paxton’s opinion applied that standard to less-invasive interventions, too, including puberty blockers.

“It’s disheartening to see the Texas Attorney General’s opinion referencing WPATH to bolster an overall argument completely at odds with WPATH guidance,” the organization said in a written statement. “The citation is accurate but does not apply here because the AG’s opinion is arguing against reversible blockers while the cited WPATH content relates to gender affirming surgery.”

There’s a lot more and you should read the rest, but you get the idea. Lying has never bothered Ken Paxton. It’s serving him pretty well right now. The Statesman has more.

Investigation into trans teen’s family halted

It’s a start.

A state judge blocked Texas’ child protection agency from investigating the parents of a transgender teenager who received gender-affirming medical care, citing the “irreparable injury” they would likely suffer. District Judge Amy Clark Meachum’s ruling does not stop the agency from opening investigations into other families in similar situations.

The American Civil Liberties Union and Lambda Legal brought a lawsuit challenging these investigations on behalf of a state employee, her husband and their 16-year-old who received gender-affirming treatment, plus Dr. Megan Mooney, a psychologist who works with trans teenagers.

Meachum will consider issuing a statewide injunction blocking such investigations into all parents of trans children on March 11.

“We appreciate the relief granted to our clients, but this should never have happened and is unfathomably cruel,” Brian Klosterboer, an attorney with ACLU of Texas, said in a statement. “Families should not have to fear being separated because they are providing the best possible health care for their children.”

[…]

Lambda Legal lawyer Paul Castillo said he was aware of at least two other families, beyond the Does, who have been contacted by DFPS for investigations. And the chilling effect for parents of trans children has been immense, he said.

“Families aside from [those investigated] will cease care,” he said. “As a result of this order … medical providers have stopped care in terms of prescriptions to transgender kids because the threat of continuing to provide, the harm is so great.”

In Wednesday’s hearing, a lawyer for the state argued that the governor’s letter has been misconstrued to imply that all parents who provide gender-affirming care would be investigated by DFPS.

The opinion from the attorney general was intended to show “not that gender-affirming treatments are necessarily or per se abusive, but that these treatments, like virtually any other implement, could be used by somebody to harm a child,” Assistant Attorney General Ryan Kercher said.

Kercher argued that Abbott’s letter was merely clarifying a “concern” that gender-affirming treatments could never be considered child abuse.

Meachum challenged that argument, asking how common it is for the governor to issue directives like this to DFPS. Kercher said he did not know.

See here, here, and here for the background. A copy of the order is here and the ACLU’s statement is here. The state’s argument that people have “misconstrued” Abbott’s order is one part baffling, one part brazen bullshit, and one part maybe a bit of backpedaling. I get the impression they really didn’t have an argument and so went for the “that’s not what I meant” defense. Let’s just cut to the part where the judge issues the injunction, shall we?

Lawsuit filed to block investigation of gender-affirming care for trans teenager

This was inevitable. I very much hope it is successful.

The state of Texas is investigating a family for child abuse after the parents obtained gender-affirming care for their 16-year-old transgender daughter. It’s believed to be among the first of these probes since the governor directed the Texas Department of Family and Protective Services to target such care a week ago.

The child’s mother — a DFPS employee who reviews cases of abuse and neglect — has been placed on leave after asking for clarification from her supervisor about the recent executive branch orders.

The investigation came to light on Tuesday — the day of the Texas primary elections — in a lawsuit the American Civil Liberties Union and Lambda Legal filed in Austin on the family’s behalf to block investigations of families seeking such medical care for their children.

The suit names both Gov. Greg Abbott and the Department of Family and Protective Services as defendants.

“No family should have to fear being torn apart because they are supporting their trans child,” Adri Pérez, a policy and advocacy strategist at the ACLU of Texas, said in a statement. “A week before an election, Gov. Abbott and Attorney General Ken Paxton issued a partisan political attack that isn’t rooted in the needs of families, the evidence from doctors and the expertise from child welfare professionals.”

The action is the first legal challenge in response to Abbott’s directive last week to child welfare officials to investigate parents of transgender children for child abuse. The order came within days after an opinion issued by Paxton, which classified certain types of gender-affirming care as child abuse.

[…]

Last week, the agency confirmed that three reports of transgender children receiving gender-affirming care were made through the child abuse reporting system. On Tuesday, the agency declined further comment other than to say it was aware of the ACLU suit. The governor’s office did not immediately respond to requests for comment about the lawsuit.

The teenager’s family is not named. The lawsuit instead refers to the parents as Jane and John Doe and the daughter as Mary Doe. When an investigator visited the family’s home last Friday, they interviewed the parents and the child, the lawsuit states. The family has so far refused to hand over the girl’s medical records to the agency.

If the agency determines the family has committed child abuse, the parents would be placed on a child abuse registry and the mother could be fired, according to the suit.

The mother said in the lawsuit that she and her husband have “been unable to sleep, worrying about what they can do and how they can keep their family intact and their daughter safe and healthy.”

Houston-based clinical psychologist Megan Mooney is also named as a plaintiff. Mooney is now required by state law to report her clients receiving gender-affirming care, but she stated in the suit that complying with the governor’s directive raised ethical concerns.

See here and here for the background. The ACLU’s press release, which contains a link to the complaint, is here. You might give a listen to Tuesday’s What Next podcast, which explored this terrible action by Abbott and Paxton and the effect it is already having on people, including children, who have done absolutely nothing wrong. This is happening now. It’s hard for me to even form sentences about this without wanting to scream, so please use this as some extra motivation to vote these awful people out of office this November. We may win this in court, but as long as these assholes have power, this will continue and it will get worse. The Chron has more.

Some DAs refuse to enforce Abbott’s anti-trans order

More like this, please.

District attorneys in five of the largest counties in Texas on Thursday announced that they will not comply with Gov. Greg Abbott’s (R) and state attorney general Ken Paxton’s (R) directive that state agencies begin investigating gender-affirming medical care for transgender youths.

The district attorneys of Dallas, Travis, Bexar, Nueces and Fort Bend counties condemned the directive in a statement issued Thursday. The group, which is comprised of five Democratic district attorneys, slammed Abbott and Paxton’s characterization of gender-affirming care for minors as “child abuse.” They declared Abbott and Paxton’s recent rhetoric is an “onslaught on personal freedoms” that is on its face “un-American.”

“We also want to be clear: we will enforce the Constitution and will not irrationally and unjustifiably interfere with medical decisions made between children, their parents, and their medical physicians,” the district attorneys wrote. “We trust the judgment of our state’s medical professionals, who dedicate themselves to providing the highest degree of care not only for our transgender youth, but for all youth in our communities.”

The group of district attorneys also assured parents that they are “safe” to continue seeking gender-affirming care for their children.

“We will not allow the Governor and Attorney General to disregard Texan children’s lives in order to score political points,” they wrote.

See here for the background. A copy of the DAs’ letter is embedded in the story. Harris County Attorney Christian Menefee has issued a similar statement, but his is a civil law office, not a criminal law office. I’d very much like to know where Harris County DA Kim Ogg – and every other Democratic DA in this state – is on this. As others have noted, AG opinions are non-binding, and it’s not at all clear that Abbott’s order is enforceable – remember how he himself admitted that his no-mask-mandate executive order could not be enforced? This is entirely discretionary, so take a stand. Someone in power needs to be standing up for these kids and their families.

Abbott and Paxton step up their attack on trans kids

Brutal.

The state’s child welfare agency says it will begin investigating instances of transgender youth receiving gender-affirming health care as possible child abuse, after direction from Gov. Greg Abbott based on a recent legal opinion issued by Attorney General Ken Paxton.

Paxton, in a non-binding opinion issued Monday, concluded that sex “reassignment surgery,” as well as hormonal medications, fall under the state’s broad definition of child abuse that includes “mental or emotional injury” as well as physical injury.

“Children and adolescents are promised relief and asked to ‘consent’ to life-altering, irreversible treatment—and to do so in the midst of reported psychological distress, when they cannot weigh long-term risks the way adults do, and when they are considered by the state in most regards to be without legal capacity to consent, contract, vote, or otherwise,” Paxton wrote in the opinion.

The immediate ramifications were unclear Tuesday, as the office’s opinions are not law but rather interpretations of law. The Texas Department of Family Protective Services has said previously that it would deem some types of transgender health care as potential child abuse, but a spokesman said Tuesday that there are no pending cases.

The opinion runs contrary to the recommendations of the largest professional medical organizations’ in the state and nation. If it were to be adopted statewide, it would make Texas one of the most restrictive states in the nation for transgender youth seeking medical treatment.

Despite Paxton’s focus on surgery, that medical option is not recommended for patients who are under their country’s legal age of maturity, which is 18 in the United States, and who have not “lived continuously for at least 12 months in the gender role that is congruent with their gender identity,” according to the World Professional Association for Transgender Health, or WPATH, which advises doctors on best practices.

DFPS said Tuesday its Child Protective Investigations unit would look into any future allegations.

[…]

Already there are signs that the policy will be challenged.

Harris County Attorney Christian D. Menefee, whose office represents the state in civil child abuse cases in the county, said Tuesday that his office will not adhere to guidance from Paxton and Abbott, saying they are “ignoring medical professionals and intentionally misrepresenting the law to the detriment of transgender children and their families.”

“My office will not participate in these bad faith political games,” Menefee said. “As the lawyers handling these cases, we owe a duty of candor to the courts about what the law really says. We’ll continue to follow the laws on the books — not General Paxton’s politically motivated and legally incorrect ‘opinion.’”

Just a reminder, this is happening in a state whose foster care system is so deeply fucked up that a federal judge, who has been hearing litigation over this for literally a decade, has accused that same DFPS of not being able to keep track of where the kids supposedly in its care are. The cruelty, the shameful pandering to slavering primary voters, the ongoing trauma being inflicted on children and their parents who have done nothing wrong, it’s so infuriating I can barely see. I wish I had something more constructive to say than we have to keep fighting, but I don’t. Slate has more.

State follows through on Abbott’s attack on trans kids

Revolting, though fortunately not particularly consequential. For now, at least.

The Texas Department of Family and Protective Services has responded to Gov. Greg Abbott’s request for an interpretation of state law sent last Friday, agreeing that some gender confirmation surgeries for transgender children constitute child abuse.

According to the letter, signed by DFPS commissioner Jaime Masters, allegations of such surgeries “will be promptly and thoroughly investigated and any appropriate actions will be taken,” though it’s unclear what impact the ruling will have.

Medical experts said gender-affirming care for transgender children rarely, if ever, includes use of the surgeries — orchiectomies, hysterectomies and mastectomies — that Abbott cited in his letter Friday to Masters. Most care for transgender children includes social transitioning and puberty blockers, which are reversible.

Abbott vowed last month to take action to restrict transition-related medical care for transgender minors in Texas. The move comes after a bill that sought to define several types of gender-affirming health care as child abuse was passed by Texas Senate during the regular session before gaining little traction in the House.

Brian Klosterboer, an attorney with the Texas division of the American Civil Liberties Union, said the letter seems to carry little weight or merit.

“It seems to us that this is mainly a political attack and political stunt as a way to attack transgender kids,” Klosterboer said. “…This letter, it is official in the sense that what the commissioner says might influence how DFPS does their work, but it doesn’t change the law in this area.”

Rep. Erin Zwiener, D-Driftwood, a founding member of the Texas House LGBTQ Caucus, said legislation would have to be passed to change the Texas Family Code for there to really be any major change. However, the letters could present detrimental affects to transgender children seeking gender-affirming care.

“This opens the door to any parent of a trans kid being accused of child abuse,” Zwiener said.

[…]

Ricardo Martínez, CEO of Equality Texas, said rhetoric within the letters from Abbott and DFHS, which include the term “genital mutilation,” are an attempt to institute fear mongering and do not reflect actual gender affirming care.

“I think that it’s important to address that current best practice, health care approach for transgender children is a social transition which requires no medical intervention,” Martinez said. “I think that the letters that have been changed between Governor Abbott and the state agency are really not taking that into account. For older adolescents and teens the prevailing standards of care best practices and guidelines, look nothing like the contents of those letters.”

See here and here for the background. It’s good that this new directive means little in terms of actual policy change, but that’s of limited comfort when you remember that anti-trans bills are on the agenda for the special session. Abbott is not going to give up on this. He cares way more about hurting trans kids than he does about protecting kids in general, as his utter failures on COVID make clear. The Chron has more.

As it happens, this news story came out on the same day that one of my cousins sent an email to a bunch of family members. It was a reply to an email he had sent five years ago, announcing the birth of his first child, a son. In this email, he informed us that his partner is pregnant with their second child, and also that their first child had been telling them since they were three that they were not a boy but a girl. It took my cousin and his partner, a couple of Brooklyn hippie types, some time to understand what this meant and come to terms with it, but they had done so and were re-introducing the larger family to their daughter and her new name. He included a picture, which was lovely. I’m happy for my cousin and his family, and I hope they never live in a place where the government is actively trying to harm their children. No one should have to deal with that.

Abbott goes back on the attack against trans kids and their families

Bullies are cowards.

Gov. Greg Abbott delivered Friday on a recent promise to use his political weight to try to halt medical interventions for transgender children, which are considered standard of care for adults. He wants state officials to redefine reassignment surgery — which is very rarely used for children — as a form of child abuse.

The governor said he intended to craft his own approach after state lawmakers failed a second time this year to pass an array of laws that would penalize health care providers for providing and parents for seeking gender affirming care and curtail transgender children’s medical and educational rights.

Abbott’s new plan came in the form of a letter to the state agency tasked with protecting children from abuse. Abbott asked the director of the Department of Family and Protective Services to “please issue a determination of whether genital mutilation of a child for purposes of gender transitioning through reassignment surgery constitutes child abuse.”

The term “genital mutilation” is traditionally used among human rights workers to refer to a procedure for young girls that prevents them from experiencing sexual pleasure. Abbott — who does not have a medical background — reframes the definition, stating as fact that “subjecting a child to genital mutilation through reassignment surgery creates a ‘genuine threat of substantial harm from physical injury to the child.’”

If the child protection officials ultimately determine these surgeries to be a form of child abuse, Abbott goes on to say, DFPS would be duty bound to investigate a child’s parents, and other state agencies would have to investigate medical practitioners who carried out the surgeries.

See here for the background. The good news is that as offensive and hurtful as this is, it may not actually amount to much.

[M]edical experts say gender affirming care for transgender children rarely, if ever, includes use of the surgeries — orchiectomies, hysterectomies and mastectomies — Abbott cited in his letter Friday to DFPS Commissioner Jaime Masters. Most care for transgender children includes social transitioning and puberty blockers.

Experts also took issue with Abbott’s language in the letter, which repeatedly referred to gender confirmation surgery as “genital mutilation.”

Andrea Segovia, Transgender Education Network of Texas’ field and policy coordinator, said the move by Abbott is a continuation of Republican Texas leaders bullying marginalized children.

“It’s literally the harshest language possible, because he wants a reaction from his side,” she said. “And they can gain supporters in that of like, ‘Oh, that sounds awful. Yeah, we shouldn’t be doing that to our minors.’”

Equality Texas released a statement criticizing Abbott’s letter.

“This is nothing more than another political attempt to stigmatize transgender people, their loving families, and the healthcare providers who offer them lifesaving care,” CEO Ricardo Martinez said.

[…]

Texas doctors and advocates see Abbott’s letter as more of a political move than as having much of an impact on gender affirming care as it’s currently practiced in Texas.

“That just sounds like something to placate the base, but it doesn’t really do much of anything,” said Seth Kaplan, president of the Texas Pediatric Society.

Segovia agreed.

“This is not a cause for alarm,” she said. “Our organization does not want community or parents or anybody to think that this is a letter saying that medical sort of appointments and anything like that should stop.”

One would hope that if this request needs to be approved by actual medical professionals before it can be implemented, they would be doctors first and put their medical knowledge and ethics above crass political motives. That’s far from a sure thing, of course, but at least it’s a consideration. This is also a reminder that the reason Abbott is doing this is because Democratic quorum-busting actions, in the regular session and now, have thwarted the bills that would enshrine this crap into law so far. The fight matters. Mandy Giles has more.

How about we sue you for a change?

The state of Texas has sued the federal government more times than I can count in recent years. There may be examples of the reverse happening, but offhand I can’t think of any. As such, this may be a first.

The Biden administration is threatening to sue Texas over its plans to stop state-licensed facilities that are contracted with the federal government from housing migrant children, with a federal attorney calling the state’s move a “direct attack” on federal refugee resettlement efforts.

The federal response comes after Gov. Greg Abbott ordered last week that Texas child care regulators revoke the licenses of state-licensed facilities that house migrant children. The move, the latest by the Republican governor as he spars with President Joe Biden over immigration policies, would force the facilities to stop serving unaccompanied minors or lose their license to serve any children.

Texas officials have already begun instructing the 52 state-licensed facilities serving migrant children to wind down operations by Aug. 30, following Abbott’s order, according to a notice sent to shelters by the Texas Health and Human Services Commission.

In a letter sent Monday to Abbott and other Texas officials, Paul Rodriguez, a top attorney for the federal Department of Health and Human Services, said Texas’ move violates the U.S. Constitution’s Supremacy Clause, which says federal law supersedes state laws. He asked the recipients to clarify whether they intended that the order be applied to those shelters, which are overseen by HHS and its refugee resettlement branch, the Office of Refugee Resettlement.

He wrote that the federally contracted shelters “comprise a significant portion of ORR’s total operational footprint, and represent an indispensable component of the Federal immigration system.”

If Abbott’s May 31 order includes those ORR facilities, it “would be a direct attack on this system,” Rodriguez said in the letter. He gave the state until Friday to clarify whether the order will affect those facilities.

If so, he said legal action could follow.

[…]

The governor’s office did not respond to questions about the potential relocation of children who are housed in the state-licensed shelters or whether the state was considering backing down on its order in light of the HHS letter.

Abbott pointed to the state’s foster care capacity woes as one of the reasons for his order. Hundreds of foster children have spent nights in hotels, community organizations or Child Protective Services offices because there weren’t enough suitable placements as dozens of foster care providers relinquished their contracts with the state due largely to higher scrutiny on the system.

“The unabated influx of individuals resulting from federal government policies threatens to negatively impact state-licensed residential facilities, including those that serve Texas children in foster care,” Abbott wrote in the order.

Only 134 migrant children were housed in federally contracted Texas facilities that also serve foster children as of May 10, according to the data gathered by the Associated Press.

Patrick Crimmins, a Texas Department of Family and Protective Services spokesperson, said unaccompanied immigrant children don’t enter the state’s foster care system directly. They would only be in the system if they had to be removed from family members with whom federal employees placed them.

“There are no children in foster care simply because they are an unaccompanied minor. Children are only in foster care because of abuse or neglect that is reported to us and investigated by us,” Crimmins said.

Asked how Abbott’s order might affect the foster system’s placement shortages, Crimmins replied, “We don’t know that yet.”

Abbott’s claim is that the feds have foisted an unfunded mandate on Texas, which strikes me as a perennial complaint that is made whenever it’s convenient. It’s also a little rich given the recent “certain cities can never spend less money on the police” legislation. This is a political squabble more than anything, though with the higher stakes of having a direct effect on some number of children. Putting those very real effects aside for a moment, the political fight will turn on the question of who gets blamed for any harm that results to these children. (Yes, I know exactly how awful that sounds.) We have one possible data point from this Chron story:

Texans back President Joe Biden’s approach to immigration over Gov. Greg Abbott’s by nearly 10 percentage points, according to a new poll released as the clash between the governor and Biden administration over border policy continues to escalate.

The poll, conducted at the end of May, found 44 percent of Texans approve of Biden’s handling of immigration compared to 35 percent who approve of Abbott’s. The online poll of 506 Texas residents was conducted by Spectrum News and Ipsos and had a margin of error of plus or minus 5.2 percentage points.

The poll link appears to be broken. I’d be dubious of it even if I could inspect it, as Biden has generally polled worse on immigration and the border than he has overall. It’s also one poll result, with all the usual caveats. That said, if this comes down to video images of possibly crying children being relocated, even if it’s just from one shelter to another, “Abbott gave the order to close the shelters” will outweigh “Abbott blames Biden for not giving the state enough money for the children in the shelters”. I could be wrong about that, of course, and if it turns into litigation I suspect a judge would step in and halt any closures for the time being, until the legal questions can get sorted out. I suspect Abbott knows that part as well, so again this comes back to being a partisan fight. Abbott doesn’t generally back down from those when he’s opposite the feds. Expect this to take awhile to come to a resolution. Daily Kos has more.

Abbott and Paxton threaten transgender child

I’m utterly speechless.

Top Texas Republicans have directed the state’s child welfare agency to investigate whether a mother who supports her 7-year-old child’s gender transition is committing “child abuse” — a move that has alarmed an already fearful community of parents of transgender children.

Gov. Greg Abbott declared via tweet Wednesday that two state agencies, the Department of Family and Protective Services and the Texas Attorney General’s Office, are looking into a dispute between divorced North Texas parents who disagree on whether their child should continue the process of transitioning from male to female, a path that could culminate, when the child is years older, in medical interventions.

In a letter Thursday to the state’s child welfare agency, First Assistant Attorney General Jeff Mateer declared that the child — who identifies as a girl, according to testimony from a counselor and pediatrician — is “in immediate and irrevocable danger.”

“We ask that you open an investigation into this matter as soon as possible and act pursuant to your emergency powers to protect the boy in question [from] permanent and potentially irreversible harm by his mother,” Mateer wrote, repeatedly referring to the 7-year-old as a boy. Mateer’s nomination to the federal bench was withdrawn in 2017 after revelations that he had called transgender children part of “Satan’s plan.”

A spokesman for DFPS said the agency’s “review of the allegations is already underway.”

The case’s path to public discourse began with the child’s father, Jeff Younger, whose blog has generated a maelstrom of right-wing outrage, including from U.S. Sen. Ted Cruz, R-Texas, who called the child “a pawn in a left-wing political agenda.” Younger, who also appeared at a rally at the Capitol this spring, does not agree with his ex-wife that his child is transgender. In blog posts, he has claimed his child could face “chemical castration.”

In reality, experts say, the transition process for prepubescent children does not involve medical intervention; instead, it consists of social affirmations like allowing children to wear the clothes they like, employ the names and pronouns they prefer, and paint their nails if they choose. During puberty, a transgender child might, with the consultation of a doctor, begin to take puberty blockers, reversible drugs that can stop puberty and the gender markers that come with it, like a deepening voice, the development of breasts or starting a period. Later on, experts say, transgender young adults might explore the option of surgery.

In a court ruling Thursday that granted the parents joint custody, Dallas Judge Kim Cooks noted that there was never a court order for the child to undergo medical treatment, according to The Dallas Morning News. Indeed, the mother, Anne Georgulas, had requested that Cooks require mutual consent before the child underwent any treatment, the Morning News reported.

So yes, this is Greg Abbott and Ken Paxton and Ted Cruz and the rest getting involved in a marital dispute. Am I the only one who remembers when Republicans claimed to be about getting government out of people’s lives? However true that may have been once, it sure isn’t the case now.

This is nothing short of an authoritarian move by Abbott. The governor appoints the head of the Department of Family and Protective Services. How much faith are you going to have in the outcome of that investigation? Or the investigation by the AG’s office, under Jeff “transgender people are satan’s spawn” Mateer, for that matter? Oh, and I haven’t even mentioned yet that they made the child’s name public, so everyone who agrees with them can force their own opinion on her as well. How lovely.

And all because they disagree with this child’s mother about what the child is allowed to wear, and they had the power to stick their noses in. They won’t stop this child from being transgender, any more than they could stop her from being left-handed or allergic to peanuts. They will cause a lot of damage trying, though. We cannot vote them out of office soon enough.

Harris County Attorney files amicus brief in SB4 lawsuit

Good.

Last week, Harris County Commissioners Court opted not to join a lawsuit challenging the state’s controversial “sanctuary cities” law as unconstitutional.

Harris County Attorney Vince Ryan, however, has filed a brief asking a federal court to halt its implementation on Sept. 1.

“S.B. 4 will do irreparable damage to this State’s child welfare process, place county attorneys charged with representing DFPS in an irreconcilable conflict, and do further trauma to children who have been placed in the State’s care. Further, there is no legitimate state purpose in treating children who have an unauthorized immigrant parent or other potential care giver differently in child welfare cases,” states Ryan’s brief, which was filed this month in federal court.

[…]

Special Assistant County Attorney Terry O’Rourke said that come Sept 1., with no injunction stopping SB4’s implementation, the county attorney’s office does not know how it will handle certain child welfare cases.

“That’s an ethical hell that we do not want to experience, and that’s why Vince Ryan has asked the federal court for guidance,” O’ Rourke said.

You can see the specific objections in the story. This is not as good as if Commissioners Court had voted to join the litigation, but it’s something. In the meantime, Cameron County and the city of Laredo have joined the plaintiffs, and there are a couple of bills to repeal SB4 that have been filed for the special session, though of course neither of them will get anywhere. It’s still important to make the stand, and in the better-late-than-never department, business interests are weighing in as well. It’s hard to overstate how much damage the Republicans in charge have done to Texas’ reputation this year, and there’s still more to come. Stace has more.

House chubfest kills several bad bills

Some good news, though as always at the end of a session, the outcome isn’t clean and the details are very murky.

Squalius cephalus, the official mascot of talking bills to death

As the clock struck midnight, the failure of an anti-abortion initiative — dear to the hearts of the far right — marked the end of a tumultuous day on the floor of the Texas House that saw the passage of sweeping ethics reform and a version of legislation allowing concealed carrying of handguns on college campuses.

On the last day that it could approve major legislation that began in the Senate, the lower chamber embarked on an all-day procedural waltz, with Democrats attempting to kill bills by delaying them past midnight, and Republicans looking for openings to move their legislation.

Early in the day, Democrats narrowly shot down an attempt to essentially change the order of the calendar, moving big-ticket items up for faster consideration. They then used every parliamentary trick in the book to slow the pace, delaying consideration of mostly uncontroversial bills.

But after huddling in a secret meeting in a room adjacent to the House floor, Democrats let the action get moving again.

For hours, the House debated an ethics reform bill, dissolving into angry tirades and raunchy debate about the reach of a drug-testing provision for lawmakers.

The passionate debate pitted Republicans against each other — over lifting the veil on “dark money” and restricting people from recording or videotaping politicians without their permission.

With the clock ticking, a few Republicans at one point even sought to postpone debate over ethics legislation — deemed a priority by Republican Gov. Greg Abbott — so the House could take up campus carry and an abortion bill that would have prohibited coverage of the procedure on certain health insurance plans.

Republican state Rep. Matt Schaefer of Tyler asked state Rep. Byron Cook, R-Corsicana, the House sponsor of the ethics legislation, to temporarily pull down the measure so that it did not chew up the time left on the clock.

After Cook declined, Democrats took to the mic to reiterate that ethics reform was declared an emergency item by the governor and was supposed to be prioritized over the rest of the calendar.

The House eventually passed the ethics bill, including the dark money provision, then went back to an innocuous agency-review bill, also known as a Sunset bill, to reform the Department of Family and Protective Services.

[…]

The biggest victim of the midnight deadline was Senate Bill 575 by Republican Sen. Larry Taylor, which would have banned abortion coverage on plans sold on the federal Affordable Care Act’s marketplace.

Originally, SB 575 would have banned abortion coverage on both ACA plans and private health insurance plans. But the House State Affairs Committee amended the bill to mirror a measure filed in the House by state Rep. Marsha Farney, R-Georgetown, and approved by the committee this month before dying on a House bill deadline.

Republicans had said they intended to amend it on the floor to bring back the private insurance ban.

The bill — passed in the Senate earlier this month — died in the House after a turbulent ride in the lower chamber.

It was cleared by the State Affairs Committee on Saturday in a last-minute vote on the last day the committee could clear Senate proposals.

Killing SB575 was a big one, and one of the Democrats’ main goals for deadline day. They also succeeded in preventing an amendment allowing child welfare agencies to discriminate against LGBT families to a sunset bill for the Department of Family and Protective Services, another main goal. What did get passed was a somewhat watered-down version of campus carry that will allow university trustees to designate certain “gun-free zones” as long as there isn’t a blanket ban on carrying firearms by those with concealed handgun licenses. The campus carry bill could possibly have been stopped, though (this is where we get into the messy and murky stuff) that could have had effects that would make the victory a lot more pyhrric. The Morning News hints at some of what might have happened.

Late Tuesday, the House was debating the gun measure, though it was unclear if it would pass.

Several Republicans said that after the initial slowdown, Speaker Joe Straus intervened in the early afternoon, to get things moving. There were conflicting accounts, though, of precisely how Straus, a San Antonio Republican, did so.

House Republican Caucus Chairman Tan Parker of Flower Mound said that in conversations with individual Democrats, “the speaker was firm that he would use everything,” meaning parliamentary “nuclear options,” to shut down debate and force votes.

Straus, though, was coy.

“I didn’t talk to Democrats,” Straus told a reporter. “But I intend to get through this,” he added, referring to the House’s agenda.

One consideration may have been that the campus carry bill is part of a grand bargain on tax cuts, border security, guns and ethics. The deal may allow lawmakers to finish their work Monday, as scheduled, instead of having a special session.

As passed by the Senate, the campus carry measure would allow the licensed concealed carrying of handguns in most public university buildings. There were rumblings the House might restore a campus-by-campus opt-in provision, as it did two years ago, or let the measure die when the clock struck midnight.

Whether Lt. Gov. Dan Patrick and his GOP allies in the Senate would consider that a breach of the grand bargain remained unclear.

[…]

Rep. Terry Canales, D-Edinburg, said he was upset that some senior Democrats relented.

“We’ve given away too much leverage,” he said.

There was talk that Martinez Fischer and other long-serving Democrats were worried the minority might be asking for too much, especially after gaining key House GOP leaders’ cooperation in squelching bills aimed at unions and stopping hailstorm damage lawsuits.

[Rep. Trey] Martinez Fischer, though, called that too facile.

“You can’t view everything as a quid pro quo,” he said. “It’s not personal. It’s all about business.”

Martinez-Fischer had a point of order that could have killed the campus carry bill, but he pulled it down after some intense discussion, and thus it went to a vote. How you feel about all this likely correlates directly to your opinion of his dealmaking ability and trustworthiness in making such deals. It’s also the case that this isn’t the end of the story, as the Statesman notes.

Cutting off debate ended a daylong Democratic effort to avoid a floor vote on the campus carry legislation before a drop-dead midnight deadline to have an initial vote on Senate bills.

After the vote, Rep. Trey Martinez Fischer, D-San Antonio, said Democrats voluntarily pulled down their amendments after winning a key concession with an approved amendment allowing colleges and universities to have limited authority on banning guns in certain campus areas.

In addition, he said, Republicans were prepared to employ a rarely used maneuver to cut off debate with a motion that had already lined up agreement from the required 25 House members.

[…]

The bill-killing tactics appeared headed for success late Tuesday, until Speaker Joe Straus abruptly called for a vote on SB 11 about 20 minutes before the deadline.

The move avoided a bitter blow for Lt. Gov. Dan Patrick and state Sen. Brian Birdwell, R-Granbury.

Based on assurances from House leaders that campus carry would get a floor vote in their chamber, Patrick and Birdwell declined last week to add the school gun bill as an amendment to House Bill 910, a measure to allow openly carried holstered handguns that is now one small step away from Gov. Greg Abbott’s desk.

Before approving SB11, the House voted overwhelmingly to allow each college and university to regulate where guns may be excluded, as long as firearms are not banned campus-wide. Each plan would have to be approved by two-thirds of the board of regents under the amendment by Rep. John Zerwas, R-Richmond, that was approved 119-29.

The House also adopted an amendment by Rep. Sarah Davis, R-Houston, to exempt health care-related institutions and the Texas Medical Center from campus carry.

“Never assume the Democrats gave up on campus carry. Democrats did not give up on campus carry,” said Rep. Sylvester Turner, D-Houston. “The Zerwas amendment waters it down. The bill will go to conference and we will continue to have our input in the process.”

Here’s a separate Trib story on the campus carry bill, an Observer story about the ethics reform bill that was a main vehicle for Democratic stalling tactics, and a Chron story on the overall chubbing strategy as it was happening. Newsdesk, RG Ratcliffe, and Hair Balls have more on the day overall, and for the last word (via PDiddie), here’s Glen Maxey:

LGBT people are finally, FINALLY free from all types of mischief and evilness. The Senate gets to debate the Cecil Bell amendment by Sen. Lucio put on a friggin’ Garnet Coleman bill tomorrow. It’s all for show. Garnet Coleman is one of the strongest allies of the LGBTQ community. They could amend all the anti-gay stuff they want on it and he’ll strip it off in conference or just outright kill the bill before allowing it to pass with that crap on it. This is for record votes to say they did “something” about teh gays to their nutso base.

And lots of high stakes trading to make sure that other stuff didn’t get amended onto bills today (labor dues, TWIA, etc.) and making sure an Ethics Bill of some sort passed. We didn’t want that to die and give Abbot a reason to call a special session.

Campus carry got watered down… no clue what happens in conference. And the delaying tactics kept us from reaching the abortion insurance ban.

Four good Elections bills passed today. Three on Consent in the House, three in the Senate all will be done by noon Wednesday.

And Lastly: Pigs have flown and landed. HB 1096 the bad voter registration bill is NOT on the Calendar for tomorrow and is therefore DEAD. I am one proud lobbyist on that one. With it’s demise, no major voter suppression bills passed (well, except for Interstate Crosscheck which is only bad if implemented badly, and we have to stay on top of it to make sure it’s not), and over forty good ones survived.

Just a few technical concurrences, and we’re done. Thank the goddess and well, some bipartisanship for once.

As someone once said, for every action there is an equal and opposite reaction. See the next post for more on that.

From the files of privatization failures

A story from last week.

State officials have decided to slow the rollout of a controversial overhaul of the foster-care system after the private contractor running a pilot program abruptly pulled out Friday.

Judge John Specia, commissioner of the state Department of Family and Protective Services, said a second pilot of the overhaul will continue but other planned expansions will not move forward until his agency studies what went wrong.

“It would be foolish of us to not look at this situation, look at the contract being terminated, talk to the legislative leadership, talk to the providers and advocates and then fully make a decision about moving forward,” said Specia, hours after receiving notice that Providence Service Corp. intended to opt out of a five-year contract after just 18 months. “That’s necessary at this point.”

Lawmakers said the cancellation of the contract would force them to take a closer look at the overhaul, called “Foster Care Redesign.” There will be no disruption of services for the children, as the state will take over the work after a transition period of at least 30 days.

But the development marked a setback for the “redesign” program, which was approved in 2011 as a way to improve the system without increasing costs.

[…]

“As we move forward, the Legislature should carefully examine whether Foster Care Redesign still represents the best solution to the challenges facing our state’s foster care system,” said state Sen. Charles Schwertner, a Georgetown Republican who chairs the Senate Health and Human Services Committee.

Providence, based in Tucson, Ariz., had been failing to meet some of its performance metrics and recently unsuccessfully sought more money from the state, officials said.

Mike Fidgeon, the company’s chief operating officer, said it had proved impossible to provide services for roughly 1,100 children in the pilot’s 60 West Texas and North Texas counties without spending more than the state had spent in previous years, as the contract required.

“The contract guiding us doesn’t adequately address the needs of the children and families,” Fidgeon said. “The most responsible way forward is to conclude the current arrangement and work to help the Legislature more adequately fund the state’s foster care system.”

Providence started work last February after winning its $30 million annual contract. ACH Child and Family Services of Fort Worth was tapped for a second pilot, in Tarrant and six nearby counties. More contracts were expected to be put out to bid soon.

But Providence struggled from the start to produce better outcomes or even stay afloat financially.

Emphasis mine. Funny how these things work, isn’t it? The free market can always do it better and more cheaply than the government, and spending must always be cut. It would be funny if there weren’t real people – children, to be specific – on the business end of it. The Legislature created this mess as part of its orgy of budget slashing in 2011, the Legislature can figure out how to fix it. See this Observer story from May for more.

Business leaders urged to oppose “cuts only” approach to the budget

Good luck with that.

Former Lt. Gov. Bill Hobby is helping lead an effort to rally Texas business leaders against what he calls a “catastrophic” cuts-only approach to balancing the state’s budget in the face of a massive shortfall, estimated at $15 billion to $27 billion over the next two years.

Hobby, a board member of the Center for Public Policy Priorities, and F. Scott McCown, the group’s executive director, say in a letter being sent today to the state’s hundreds of chambers of commerce that such an approach would undermine the state’s economic recovery, weaken education and leave vulnerable Texans unprotected. The center focuses on low- and moderate-income Texans.

“We simply can’t balance the budget through cuts alone without doing terrible damage to our economy and our future,” Hobby and McCown said in the letter.

They want business leaders to speak up for a “balanced approach” that includes spending the state’s rainy day fund savings account, which is expected to contain $9.4 billion; adding new revenue through such options as increasing alcohol or tobacco taxes; raising taxes on “sugar-loaded” drinks; eliminating “unwarranted” sales tax exemptions; or temporarily increasing the state’s sales tax rate.

You can read Hobby and McCown’s letter here I applaud them for this, and I wish them the very best of luck, but a couple of points. One, let’s not expect too much from the business community. They’re kinda sorta on board with this, but if you read their quotes in the story or listen to what they have to say here, they’re supportive in a very mush-mouthed kind of way. They’re okay with using the Rainy Day Fund – which is a big deal, don’t get me wrong – but not much beyond that. They don’t want to see education gutted, but they don’t want to pay for it, either.

Bill Hammond, president of the Texas Association of Business, which has 220 local chambers as members, said his group opposes a cuts-only approach, although it doesn’t back spending the entire rainy day fund and doesn’t want new taxes. It favors keeping spending about the same over the next two years.

Well, we have $15 billion less to spend than we did two years ago, and the entire Rainy Day Fund would only cover 60% of that. How do you expect us to get there from here, Bill? This is likely to have as much effect on the debate as the business community’s pitiably weak opposition to anti-immigration legislation has had. I have more faith in the school superintendents.

The other point I’d make is that if I’d written the CPPP’s letter, I’d have stuck to the revenue ideas already on the table, which include reviewing the sales tax exemptions, fixing the business margins tax – yes, I know, even with this audience – the LBB recommendations, and expanded gambling. I would not have mentioned new things like the sugar tax or other extra sin taxes, since they’re extremely unlikely to get anywhere and might distract from the overall message. Just my opinion.

By the way, if anyone reading this still thinks that balancing the budget with cuts only is a good idea, here’s more evidence that you’re wrong.

State protective services chief Anne Heiligenstein dropped some bad news on Senate budget writers today: Her year-old push to redesign the payment system for foster care providers will be a non-starter if lawmakers approve proposed cuts that would effectively drive down rates by 12 percent.

Abused and neglected children with complex emotional and psychiatric problems often are ripped from their home communities in North Texas and shipped down I-45 to so-called “residential treatment centers” in the Houston area, Heiligenstein has said, saying she’d like to change that. An agreed-upon overhaul of rates and contracting would put a private provider in charge of a region, which would include a duty to make sure there are enough beds close to home.

Sen. Jane Nelson, R-Flower Mound, who’s sponsoring the redesign bill, asked if efficiencies might be found that would allow the effort to go forward.

Not really, said Heiligenstein, head of the Department of Family and Protective Services, which oversees Child Protective Services.

“The presumption for being able to do this is that there would not be a rate roll-back,” she told the Senate Finance Committee. “We will not ask for an increase in foster care rates … , but we need what is currently invested in the system, plus normal caseload growth.”

Is that something you really want to support? BurkaBlog has more.

Revisiting the FLDS saga

Grits sat in on the House Human Services Committee hearing that looked at how the state handled last year’s child-welfare operation at the FLDS ranch, and he’s got a detailed report on what transpired as well as an analysis of the proposed legislation to deal with it, which he refers to as “a Christmas Tree of mischief.” Check it out.