AUSTIN, Texas – The American Civil Liberties Union of Texas and Jackson Walker LLP filed a lawsuit today in Travis County District Court on behalf of Rodney and Temecia Jackson, a Dallas couple whose newborn was wrongfully taken by the Texas Department of Family and Protective Services (DFPS) in the spring of 2023 – just days after the infant was born. The suit challenges several DFPS internal policies for violating state and constitutional law and threatening the Jackson’s parental rights.
Although the Jacksons successfully advocated to get their baby home and the case dismissed, DFPS unilaterally designated them as alleged perpetrators of medical neglect on its “Central Registry.” This label continues to disrupt the Jacksons’ ability to participate in daily life through volunteering, being involved at their children’s school, applying for employment, and pursuing educational opportunities.
The lawsuit states that DFPS’ internal rules allow the agency to assign harmful designations without fair hearings or meaningful opportunities to appeal — even without evidence of abuse or neglect, and, as in this case, even when the evidence demonstrates that parents are exercising their rights and carefully attuned to their children’s well-being. These designations can carry lasting consequences, even in cases where DFPS does not pursue formal charges or court action. The lawsuit argues this practice violates the Texas Administrative Procedure Act and parents’ constitutional rights.
“When our daughter was just seven days old, she was taken from our home under an invalid court order,” said Rodney (he/him) and Temecia (she/her) Jackson. “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.”
In March 2023, the Jacksons — a Black couple living in the Dallas-Fort Worth area — had welcomed their daughter, M.J., through a safe and planned home birth attended by a licensed midwife. At a routine follow-up visit, M.J. was diagnosed with jaundice — a common, treatable condition in newborns.
The Jacksons opted to care for M.J. at home with guidance from their midwife, who is licensed to treat jaundice, rather than admitting her to the hospital.
Consequently, a pediatrician reported the Jacksons to Child Protective Services (CPS) for suspected medical neglect. Within days, state authorities forcibly removed M.J. from her parents’ care under a warrant that misidentified the mother and placed the infant in foster care.
“The Jackson family’s experience highlights how Black families are often unfairly targeted by a child welfare system that fails to understand or respect their choices,” said Charelle Lett (she/her), an attorney with the ACLU of Texas. “Across Texas, Black and Brown families are disproportionately reported to CPS — even when they’ve done nothing wrong — due to racial stereotypes and deeply ingrained cultural biases. The Jacksons should have never had to go through this. It’s our hope that their story can be a catalyst for change that ensures procedural safeguards for parents unjustly accused of abusing or neglecting their children.”
Many Black mothers seek out alternative birthing options, like midwives, because of negative experiences with medical providers who discount their experiences. Black women also face a higher risk of complications or death during childbirth, especially in Texas.
The Jacksons have submitted multiple appeals over the past two years to challenge the harmful designations placed on them by DFPS, but they still have not been able to fully clear their names.
This lawsuit aims to not only erase the Jacksons’ record but also eliminate the rules and procedures that enable DFPS to impose life-altering designations without due process — perpetuating racial disparities and destabilizing families across the state.
Access a copy of the lawsuit here: https://www.aclutx.org/sites/default/files/original_petition_-_jackson_redacted.pdf
