Governor Abbott’s New Definition of Child Abuse

Texas Governor Greg Abbott has issued for the state’s Department of Family and Protective Services to open investigations against certain gender-affirming care for transgender children because in his interpretation of the law that is “child abuse”. Within the week of Governor Abbott’s announcement, Texas Attorney General Ken Paxton assured that this new interpretation of the law applied to all elements of transgender care which includes puberty blockers, hormone therapy, and surgery as being considered a form of child abuse. Furthermore, the agency has taken down all information about gender identity and a hotline for suicide prevention from their website. Although the Texas legislature has not passed a law banning treatment for transgender children, the governor, and the attorney general are currently investigating families participating in these supposed forms of child abuse.

An example of these investigations that have already begun against families, involves an employee of the state protective services agency and their 16-year-old transgender child. Ironically, the employee reviewed reports on abuse and neglect and was put on administrative leave while the investigation continues. The A.C.L.U of Texas and Lambda Legal, a civil rights organization with an emphasis on the L.G.B.T.Q community, are challenging the legitimacy of the investigation and seeking for the governor to change the definition of child abuse.

As of March 2, 2022, in the case filed by the ACLU for the employee, Texas Judge Amy Clark Meachum partially blocked Governor Abbott’s interpretation of gender-affirming care as child abuse. In the cities of Houston, Dallas, Austin, Corpus Christi, and San Antonio, the DAs have publicly announced they are not going to be prosecuting families with transgender patients. All in all, Governor Abbott’s new order is putting the lives of transgender children in danger and is especially stripping away resources they have the right to access. Moreover, it is a denial of healthcare for these children. His interpretation of the law is setting back the country 10 years. Lastly, it is shocking that someone’s opinion of the law is somehow considered legal despite what the state law discusses.

This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

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