Texas Begins Investigating Parents of Trans Children
That didn’t take long. From the NY Times:
Texas officials have begun investigating parents of transgender adolescents for possible child abuse, according to a lawsuit filed on Tuesday, after Gov. Greg Abbott directed them last week to handle certain medical treatments as possible crimes.
Among the first to be investigated was an employee of the state protective services agency who has a 16-year-old transgender child.
My Texas trans child is 15.
According to the lawsuit, the state’s investigator told the parents that the only allegation against them was that their transgender daughter might have been provided with gender-affirming health care and was “currently transitioning from male to female.”
As Mr. Abbott described in his letter, the order would mean that “all licensed professionals who have direct contact with children” would be required to report to state authorities those that they believe are receiving gender-affirming treatment, or face criminal penalties.
This puts me in a precarious position. The mama bear in me wants to hop in the car with some poster board and sharpies and head right on down to the Attorney Generals’ office and protest. I want to pick up my son and take him AWAY from here. But here is our home. Our friends, our family, our community – and it’s a great community. These people don’t want the government taking perfectly healthy, happy kids away from their parents.
Abbott wants “all licensed professionals who have direct contact with children” to report ME to child protective services. For all I know, my kid’s dentist, doctors, teachers, school administration, music teachers, even his therapist – may believe they are mandated by law to make this call. He is at school right now. I have assurance from one teacher that they would never, ever make that call. That leaves about a dozen other people who could.
When will they come to my door, demanding my son’s medical records?
What do I do, then? What if I refuse to cooperate and they take my son?
In any other state one might recommend contacting your Congressional representatives for assistance. Looking in from Nevaduh, it’s difficult to say whether or not your local US Attorneys’ office would be of any assistance to you and your family. If it’s feasible financially, please definitely hire an attorney for your son to act as his child’s advocate and a separate attorney to represent you ahead of any move(s) by A-Butt’s bigots. Beyond that contact all the support services that you know for their recommendations immediately. Please don’t wait.
Please extend to your son Eliot our support and everything that can be said that these lunatics do not speak for sane adults.
1Emotionally and psychologically it is a catch 22. Practically I think there is no way this can be enforceable by law. For one thing, you would have to prove that I know for a fact that a student is currently or has gone through a transition. I’m sorry your honor, I just didn’t know. For counselors, doctors, and therapists they have a standard expectation of privacy for their patients/clients. I can only report anything (I have counselor certification) if the child is contemplating hurting themselves or committing a crime. Sorry, I haven’t heard or seen anything to that effect.
I’d honestly say this has about a 99 percent chance of either being found unconstitutional or unenforceable by law. In the vernacular we like to use around these parts, if they come for my teaching or counseling certificate I’ll sue him so fast and I might just leave the district and the state with a couple of school buses and maybe a red stapler. I’ll take the rest off their hands.
2Get a lawyer now.
3Figure out what rights you and your child have before you are faced with a CPS worker.
How does something that is essentially Ken Paxton’s “opinion” become an order from the governor? And why must citizens expend their resources to challenge it’s unconstitutionality? There is so much research that shows how misinformed this idea is. The real abuse here is the impact of such ridiculous “opinions” from such small-minded politicians.
4There’s always hope that once the primary election results are in, and Abbott’s won handily (as is predicted), he’ll change his mind. When he feels comfortable that he’ll be re-elected and sees no further need to rouse up his base, this will all go away. Maybe getting sued will give him an out that he can explain to his hater base. After all, this can’t be a big issue for the general election.
5It saddens my heart to see this draconian opinions being acted upon.
However, I would think one of the flaws is that HIPAA would outrank any demand as far as privacy of medical care information. Does not stop the threat fully, but no one should be able to mandate you or your care-givers turning over medical records.
6Jet, I never imagined giving this advice to anyone but my ne’er-do-well friends from 40 years ago. However: if law enforcement of any shape comes to your door demanding medical records, don’t let them in or give them anything without an explicit warrant. Also, the only non-null response you should give to any question is “I could not say”. Although a close second is “I refuse to answer questions without my attorney present”.
Teach Eliot and all of your kids to clam up – but never lie. Martha Stewart and Scooter Libby did not do time for stock fraud or mishandling classified material. They were done in by lying to government agents. Never voluntarily talk to police, even with a lawyer next to you. The statements that put Martha Stewart into the hoosegow were made while she had her attorney literally sitting next to her.
The SOBs are unlikely to try to seize medical records you have, they are more likely to go after your doctor(s) with warrants. But if you want an out of state acquantice (like some gnarly old semi-retired professor) to store them for you, it seems to me that you’ve got supporters here at the Salon who would be happy to help out. And if worse comes to worse, out of state sanctuary can be arranged for your child.
Beware that if the Texas Goon Squad does go after you, they’ll grab any electronic devices you have: phone, pads, laptop, desktop computers. There’s several sources that will tell you how to encrypt everything; I won’t go into that unless you need the help. I vaguely recall the ALA some years ago had tutorials on this; they started looking into it when the so-called Patriot Act tried to dragoon librarians into the Bush Gestapo.
I’d be surprised if the ACLU wasn’t already alerted to this. My wife and I have been members/donors for 45 years now, but a local Texas branch is probably the best source to check right now. In any case, find an amenable lawyer *now*, don’t wait until accusations/arrests/warrants have been made.
I’ve been reading a history of how the Nazis came to power in Germany, “The Coming of the Third Reich” by Richard J. Evans. The analogies with our current historical moment are just too close to be ignored or dismissed as Godwin’s Law.
7As has been suggested, I would think the ACLU would be a good first contact as they may have already identified attorneys that could be used, possibly in a class action suit against the state. What’s next on their agenda of intrusion into personal lives in areas that are none of their business? Can’t believe this order will ever be upheld in court.
8They will be coming for birth control next.
9Every outrage from the Texas GOP and Abbott, I wonder, is this what it takes to get Democrats to the polls? We need to reset out state, and it starts at the voting booth!
10Yes, they’ve already expressed the desire to go after contraceptives. Wasn’t enough to ban abortions and family planning. And sex education. And books. And history they don’t like.
11But this recent order going after transgender human beings and their healthcare by the state is over the top and dangerous. Jet, I hope there’s hope for those caught up in this soon.
The Taliban has nothing on the republican party. They are both terrified of and hate women.
12Jet,
I definitely feel for you. This coordinated (and it is coordinated) attack on transgender youth and their families is to say the least, unconstitutional.
As others have suggested, reach out to the ACLU and see if you can get them to be your child’s attorney (and maybe yours as well). They are going to be your best legal resource. I would also reach out to any legitimate LGBTQ organization and see what resources they may have for you.
Other than that, all I can offer are my thoughts. I hope all goes well for you and your child.
13Please give Elliott a big old hug for me and everyone who loves him and his family!
14It has been called to my attention that we have an openly transgender judge in Houston. I wonder what her take on all this is:
15https://en.wikipedia.org/wiki/Phyllis_Frye
As a therapist, I am required by law to report child or elder abuse, but child abuse must be defined by legislative law, not Governor edict. Plus, if I were in Texas I would simply NEVER ASK if any medical treatment is going on just so I couldn’t report it if I were ‘required to’.
The problem, of course, will be if some nosey parker reports you to the state and they subpoena Eliot’s medical/prescription records. Makes me think he needs an out of state doctor. And the Surly Professor is right about saying nothing if questioned.
Jet, I am so sorry y’all are going through this. I understand about needing to stay in a good community that is Home. I hope it’s the kind of good community that doesn’t have a self-righteous RWNJ just itching to cause trouble for you and your loved ones.
We have a guest room if you need it.
16Jet — the uncertainties of how Texas government officials will treat you and your child must be maddening and bring on a full panoply of anxieties.
As others have said, I hope you will find legal advocates and allies who will stand with you.
As another person said, you ought to review what information you must provide to legal authorities and learn to say NOTHING more. I suspect that sort of information will be available soon, if it isn’t already.
And last, I hope you will find members of your community to speak up on behalf of those who could be targeted. Remind them of the Martin Niemöller quotation:
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
It is time for all those of good will to speak out on behalf of the marginalized and unpopular, the “different” in our societ y.
17Prepare your son for the possibility of a separation. Make arrangements with a trusted friend or family member to take him in if an investigation is initiated and CPS wants to remove him from your home because CPS is not SUPPOSED to take a child into custody if there is a safe alternative to the child’s home. Tell your son that unless CPS has a custody order signed by a judge, he should insist that he go to your arranged placement. (Big ask for a kid, but impress on him that he has a right to ask questions of anyone who is trying to take control of his life.)
18I am so sorry you are going through this, it’s not fair or right, it uses resources to hurt vulnerable children and the people who love them. Life is already challenging for transgender youth they sure don’t need asshole politicians making life harder.
Outside of moving your only option is to do everything the Professor said; don’t answer any questions, don’t give them anything, and don’t lie. Practice answering questions with your son so he understands how to be polite while give out no information whatsoever. God, it sucks.
19https://www.rawstory.com/paxton-legal-opinion-on-transgender-youth-uses-misleading-citations-shocking-parallels/
Paxton is a far better liar than lawyer.
20Thank you all for your wonderful advice and support. Yesterday I was a rough emotional mess. Now, that’s out of the way, and I’ve dug deep and processed as much information as I can find about how to protect my kid, I’m doing much better. We have a plan in place, and will likely begin participating to support other families with transgender children as well.
Our children have been thriving, and they will continue to do so, even if it’s just to piss off Greg Abbott. So says Elliot, at least.
21The national ACLU and Texas ACLU have filed suit to protect parents and transgender children. See
https://www.commondreams.org/news/2022/03/01/aclu-files-suit-over-texas-investigation-parents-trans-child
And if all of y’all aren’t already card-carrying ACLU members, please remedy that oversight asap!
22Completely off topic but I love this photo comp of the howler monkeys at the SOTU speech last night:
https://twitter.com/adapac1/status/1499027219955527683?s=10
23Thanks Rick. Yes, these two repugnantican spokespeople give baboons a bad name.
24e playpus onion @ 20: that link you posted has
“Paxton faces three Republican challengers in Tuesday’s primary: Texas Land Commissioner George P. Bush, U.S. Rep. Louie Gohmert and former Texas Supreme Court Justice Eva Guzman.”
Those four comprise a brain trust that could be outsmarted by rancid mayonnaise.
We’re seeing the political, ethical, and intellectual race to the bottom started by Reagan and vastly acclerated by the malignant cheeto chip of 2016-2020. Gene B @5 has suggested this may be Abbot’s attempt to outflank his primary opponents, and Abbot might drop it once he has the Republican nomination. I doubt that he will. Instead, he and Paxton will ride this horse until it is shot down by the US Supreme Court. They don’t have to pay the attorneys’ fees, and Texas taxpayers will cover their travel, hotel stays, hookers, etc. And it’s not like they have any actual governing or useful tasks to do.
25In case nobody else posted it
https://news.yahoo.com/judge-blocks-texas-gov-greg-002518048.html
The order by Judge Amy Clark Meachum also set a March 11 hearing on whether to grant a wider-ranging injunction against Gov. Greg Abbott’s directive.
26I certainly will not speak for 100 percent of teachers, but in general you have nothing to fear from us. I don’t know a single one that is turning anyone in and that includes the conservative ones. It amounts to nothing by sound and fury signifying nothing. I do think the others have offered good advice, but understand the vast majority of us (teachers) love children and wouldn’t do anything to intentionally hurt a child. That is precisely what this order is asking us to do.
27Jet and Elliot, the support and love for you reaches across Texas. Gotta love this slap down of Qcumber conservative Jeff Younger by students at the University of North Texas.
https://crooksandliars.com/2022/03/jeff-younger-protest
As you and Elliot say: “Our children have been thriving, and they will continue to do so, even if it’s just to piss off Greg Abbott.” Elliot, keep making your Mama proud by being your own good self!
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