AUSTIN, Texas — Attorney General Ken Paxton is asking the Texas Supreme Court to allow the state to restart its abuse investigations into the parents of transgender children.
Paxton filed his request with the state’s top court Wednesday afternoon. On Tuesday, the Texas Department of Child and Protective Services directed its employees to stop opening child abuse investigations based solely on allegations that parents are allowing their trans kids to access certain medical treatments due to a court injunction.
“While this injunction is in place, (statewide intake) will not assess these matters as intakes unless independent grounds that warrant an investigation are reported,” Associate Commissioner Stephen Black said in an email obtained by The Dallas Morning News and verified by the agency.
“This may be a fluid situation as this decision continues its way through the appellate process. I will provide further updates as needed,” Black added.
The injunction from the 3rd Court of Appeals, issued Monday, temporarily barred the state from investigating allegations of abuse linked to gender-affirming treatments for minors like puberty blockers and hormone treatments. The injunction makes clear, and Black’s email underscores, that the state can still open investigations into other alleged abuse such as unexplained broken limbs or malnutrition due to neglect.
State employees, parents and others had expressed confusion over whether the state is continuing these investigations as the policy is being challenged in court. Paxton’s public statements have added to the confusion, as he has insisted certain treatments are always abusive and illegal while his own deputies in court have said gender-affirming care for minors is not abuse in all cases.
All of the major state and national medical groups support age-appropriate, individualized gender-affirming care for transgender children. For those who have not reached puberty, mental health care is the primary form of treatment. Medical interventions like puberty blockers, which are reversible, and hormones should be explored only for youth who have experienced the onset of puberty and after undergoing mental health evaluation, according to best practices.
Surgery is not recommended until a patient has reached the legal age of maturity to give consent for medical procedures and has lived continuously for at least a year in the gender role consistent with their gender identity. In Texas, this consent starts at 18.
The state confirmed March 10 that it has opened at least nine investigations into allegations that minors are receiving gender-affirming medical treatments since Paxton classified this care as “child abuse” last month. Citing Paxton’s opinion, Gov. Greg Abbott directed CPS to investigate any allegations linked to this care.
Paxton argued that the Supreme Court should order the appeals court to withdraw its injunction. He said the lower court overstepped its authority by reinstating the temporary halt, which was first put in place by the trial judge March 11, and argued the plaintiffs who kicked off this litigation have not proved they will be permanently hurt by the state’s actions.
Fear and apprehension of injury that might arise if an investigation results in the removal of a child from their parents “are not sufficient to support a temporary injunction,” Paxton wrote. And even if the investigations remained on hold during litigation, he added, “plaintiffs’ injuries would remain.”
The lawsuit was filed by an unnamed state employee, called Jane Doe in court filings, who said she is being investigated because she has a teenage transgender daughter undergoing gender-affirming care. Dr. Mary Mooney, a Houston psychologist who treats trans patients, is also suing.
They are being represented by Lambda Legal and the ACLU of Texas, which issued a joint statement Wednesday calling Paxton’s actions “unconscionable” but “unsurprising.”
“We remain committed to battling this harmful and discriminatory effort, and to supporting Texas transgender youth and those who love and care for them,” the groups said.
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