Protecting Your Transgender Child

TRANS LIFELINE
877-565-8860

TREVOR PROJECT
866-488-7386

TEXT “START” TO
678-678

It’s a scary time in Texas for parents of transgender and non-binary children. They fear being investigated by the Department of Family and Protective Services (DFPS) after the governor and attorney general declared some gender affirming care child abuse. A court put a hold on investigations, but that could change at any time.

The governor and Texas attorney general insist that they will not drop this issue so the best thing to do is prepare.

If CPS knocks

If Children’s Protective Services (CPS) contacts you, try to delay the conversation while being polite and cooperative. Ask to schedule for another time.

If an investigator comes to the door, do not let them in. Ask for their name and contact information and tell them you’ll call after obtaining legal representation.

Do not hand over your safe folder or sign any documents authorizing the release of private information.

Do not talk about healthcare your child is receiving.

Make sure your child knows that they do not have to speak to anyone from CPS, even if they're at school.

Immediately contact ACLU/Lambda Legal for legal help and Equality Texas.

What should I say

Here’s a sample script to use with an investigator:

We are seeking a lawyer, and we'll be back in touch with you to schedule a conversation as soon as we secure counsel. May I have your contact information please?

If they continue:

I would be happy to talk with you after I have consulted with an attorney. (Repeat as many times as necessary.)

Or:

We can discuss your questions after I have consulted with my attorney. Thank you and have a nice day.

Stay calm

They are not going to immediately remove your child.

The law says a child must be in “imminent danger” before they can be removed without a court order. A court order is unlikely until an investigation is complete. It is not clear if the department will follow regular procedures, but state law specifies when a child can be removed. Play it safe and find a lawyer. It should be someone familiar with DFPS and CPS, the branch that does the investigations. Set up an appointment to get to know the lawyer and let them get to know you. Lambda Legal can help locate a lawyer: www.lambdalegal.org

Get started

CPS is the agency that conducts investigations. There are procedures for investigating child abuse complaints. How those procedures are interpreted and followed vary widely from region to region, from office to office and even from investigator to investigator. It’s unclear whether special procedures have been put in place to investigate families of transgender and non-binary children. www.dfps.state.tx.us/Investigations/default.aspIt

A complaint phoned in or sent online to the state child abuse hotline triggers an investigation.

The complaint is assigned to a jurisdiction, usually an office in the county where the family lives. An investigator is assigned.

The investigator may start by going to the child’s school and speaking with the child alone. Normally, the parent is not contacted until after the interview. If you do find out before or during the interview and go to the school, you may not be allowed into the interview.

The child will be questioned but does not have to answer any questions. Be sure and tell your child they don’t have answer questions.

Some parents have given their child a card to carry with them.

My name is (……).

I do not consent to being interviewed by you. I am done communicating with you.

The first contact could be a knock on the door or a phone call. If they come to the house, you do not have to let them in or answer questions. This is when you need to have your safe folder (see below) handy. If they call to make an appointment, have your attorney available for the meeting, if possible. The investigator will want to interview your child. A separate attorney for the child could be advisable.

If you do let the investigator in, they will discuss the abuse report and ask you questions. They will ask to see the child and talk to them separately. They may ask to examine the child for signs of abuse. They cannot be alone with the child if they look under clothing.

They may ask to inspect the house. Again, you can refuse. If they do inspect the house, they likely will take pictures. Remember anything they see in the house can be used as evidence of harm or unsafe conditions. For instance, medicine stored where children can reach it or a firearm that is not secured can be photographed and included in the file.

A criminal and CPS background check will be completed. They may talk to family, friends, employers, teachers -- anyone who knows the child and has knowledge of the situation. You do not have to supply medical records.

When it’s done

The investigation is normally complete within 30 days of the agency’s receiving the child abuse report. A supervisor may grant an extension if necessary.

The investigator makes a ruling on each of the abuse allegations.

Rulings include:

Reason to believe: The investigator rules the preponderance of evidence shows that abuse or neglect did occur. This does not mean the child will automatically be removed.

Ruled out: CPS staff believes that there was no abuse or neglect based on available information.

Unable to complete: The investigation cannot be concluded. Usually because the investigation could not be started because the family moved and could not be located.

Administrative closure: The agency decides that an intervention is not needed because other information is received after the investigation begins.

If the worst happens

If the agency says there is reason to believe abuse or neglect did occur, they may simply tell parents not to do it again. For instance, the child’s home could have been ruled unsafe but the parents make necessary repairs.

The agency could ask for a court order to remove the child. The investigator, supervisor and regional director would have to agree to present the findings to a judge.

The judge could issue a court order giving the state given temporary conservatorship and allow the child’s removal from the home. The agency tries to place the child with a family member. Have the names and contact information for family members or close friends who could take the child available.

The parents are given “services to work.” This could include psychological counseling; dealing with domestic violence, parenting, anger management classes. Drug testing may be required. If the use of illegal substances is found, the parent may be ordered into treatment.

CPS will set up times for you to visit with the child.

There will be regular hearings before the judge. If there is a final determination that the child will no longer be unsafe at home, the child will be returned.