Are puberty blockers and hormones considered medically necessary treatments for transgender children? Texas law states that anyone who has reasonable grounds to believe that a child`s physical or mental health or well-being has been affected by abuse or neglect must report it immediately. This law applies to everyone in Texas. The investigation, conducted by the Texas Department of Protective and Family Services, came after Attorney General Ken Paxton issued a non-legally binding statement in February stating that the provision of sex-specific surgeries and medications that affect puberty should be considered child abuse under Texas law. There are many other definitions of child abuse and neglect in Texas law; these can be found in Texas Family Code 261.001; However, they were not specifically mentioned in the Attorney General`s statement or in the governor`s order. I`m just a kid, I read this, and it made me wonder if my best friend, a trans man, was pulled out of school because of his medication. We`re both in the orchestra, and yesterday someone came to get his instrument, and he didn`t respond to my words, and he hadn`t been to school for almost a week. I`m afraid for him. I am afraid that the government has given him the choice to go to school or to be who he is. Thank you to everyone who read this.
In a statement in response to the order, DFPS said it would «follow Texas law» as described in Paxton`s notice, «in accordance with Governor Abbott`s directive.» The agency has launched at least nine investigations against parents of transgender children. This does not create a monetary incentive to report puberty blockers or hormones to a family with a child, just as Texas SB 8 encouraged citizens to report those they suspected of helping a Texan get an abortion after embryonic cardiac activity was detected. But Abbott`s letter notes that «Texas law imposes reporting obligations on all licensed professionals who have direct contact with children who may be exposed to such abuse, including doctors, nurses, and teachers,» and that «there are reporting obligations and similar criminal penalties for members of the public.» DFPS officials told the Texas Tribune that the agency`s leadership has acknowledged that these investigations do not meet current child abuse requirements and that a policy must be created to comply with the governor`s instructions. No, there is no new law here. The Texas legislature, which meets every two years, does not meet in 2022. Rather, Abbott`s letter is based on a Feb. 15 statement by Attorney General Ken Paxton interpreting Texas` existing child abuse law (specifically Chapter 261 of the Texas Family Code) as applying to parents who allow their children to be prescribed «medically unnecessary» sex reassignment treatment. Paxton`s opinion does not have the force of law, although, according to the Texas A&M Law Library, such opinions are «very persuasive and generally considered authoritative until overridden by legislative or judicial action.» He survived the attempt and was taken to an outpatient psychiatric facility, where staff learned he was undergoing hormone therapy. A week after his release, a DFPS investigator went to the family`s home and said, according to the complaint, that the psychiatric facility had reported the family for child abuse. The family is still under investigation. One of the attorney general`s duties is to interpret state law at the request of Texas government officials. 18.
In February 2022, the Texas Attorney General issued an advisory opinion in which he answered the question of whether certain types of sex-reassignment medical care could constitute child abuse under current Texas law. The Attorney General found that certain types of sex reassignment care could meet the definition of child abuse. The full statement can be found here. Many organizations across Texas educate the public about LGBTQIA+ rights and support transgender youth and their families. Some of these organizations are: It`s hard to say. Current law requires adults who are aware of child abuse to report it. Until the matter is resolved in court, it`s unclear whether adults are required to report what Paxton now believes to be child abuse — but not just a few weeks ago. The ACLU lawsuit addresses this issue, arguing that Dr.
Mooney`s demands as a mandatory journalist put her in an untenable position. Because Mooney is a physician whose expertise does not lead him to believe that sex reassignment treatment of minors is child abuse, Abbott`s letter effectively urges him to submit to «severe sanctions, including jail time, for false reporting of child abuse» and violate his patients` professional ethics and trust.
