Texas couple sues DFPS after baby was taken over at-home jaundice treatment

AUSTIN, Texas - A couple whose baby was taken away by the state after they chose to have their midwife treat the child for jaundice instead of taking it to the hospital filed a lawsuit against the Texas Department of Family and Protective Services.

Rodney and Temecia Jackson claim that the agency's parental designation after their investigation was concluded is causing issues in their day-to-day life.

What they're saying:

"When our daughter was just seven days old, she was taken from our home under an invalid court order," the Jacksons said. "She should have been safe in our arms. Instead, she was abruptly separated from us, losing the vital bond every newborn needs. We were left fearing for her well-being. She is now a healthy and thriving toddler, but our family is still healing from the nightmare that DFPS caused. We will never get that stolen time back. No parent should ever have to experience the trauma of being torn from their baby. We hope the court’s power to hold DFPS accountable means that no other family has to endure our pain — simply for choosing midwifery."

The Jacksons' claim the designations used violate Texas code and are unconstitutional.

They're asking for the designations of "reason to believe" and "unable to determine" be removed as designations from Family and Protective Services and for their names to be removed from the agency's central registry.

The backstory:

In March 2023, Temecia Jackson gave birth to her third child with the help of a licensed midwife.

A few days later, the parents took the baby to see a pediatrician who saw their two other children. 

The baby was diagnosed with jaundice.

The Jacksons chose to treat the baby at home with guidance from the midwife instead of going to the hospital.

According to the American Civil Liberties Union, the pediatrician called Child Protective Services for suspected medical neglect. The baby was then taken from the Jacksons.

The Jacksons' baby was placed with a foster family for 24 days, until April 20, 2023, when she was given back to her parents.

The lawsuit states the couple were put into the DFPS registry and assigned as "reason to believe." The Jacksons' fought the designation, and it was changed to "unable to determine."

Court documents state that the designation cannot be changed as DFPS views it as "favorable." The family is arguing that it is a violation of their constitutional rights and are requesting the designation of "ruled out" and to be removed from the registry.

"Mrs. Jackson is also constantly worried that if the smallest thing happens to M.J.--like M.J. falling and cutting her knee—that DFPS will take M.J. away again," court documents state. "Because with an ‘unable to determine’ designation doctors and police officers can request to see people’s DFPS records, Mrs. Jackson is worried about turning to healthcare providers and the police if her family ever needs help."