Black Family Sues Texas CPS Over Newborn Removal, Midwife

By Darius Spearman (africanelements)

Support African Elements at patreon.com/africanelements and hear recent news in a single playlist. Additionally, you can gain early access to ad-free video content.

Newborn Taken by CPS Over Jaundice Care Dispute

Imagine the joy of bringing your newborn home, only to have that joy shattered days later. For Rodney and Temecia Jackson, a Black couple from the Dallas area, this nightmare became reality in 2023. Their baby girl, Mila, was just seven days old when Texas Child Protective Services (CPS) forcibly removed her from their care. The reason? A disagreement over how to treat Mila’s neonatal jaundice (FOX 4 News).

The Jacksons, seeking care aligned with their preferences, opted for home phototherapy managed by a licensed midwife. This choice is protected under Texas law, which generally allows parents to consent to alternative medical care for their children. Despite this, and evidence that Mila’s condition was improving under the midwife’s care, a pediatrician reported the family, triggering the CPS intervention (ACLU of Texas). Consequently, this dispute escalated rapidly, leading to the traumatic separation of a newborn from her parents.

Faulty Warrant Adds Insult to Injury in Texas CPS Lawsuit

The situation worsened due to alarming errors by the Texas Department of Family and Protective Services (DFPS), the agency overseeing CPS. The warrant secured by DFPS to remove Mila contained a critical mistake: it identified mother Temecia Jackson as “Nichovia Nichols,” a completely different woman noted to have a criminal history. This misidentification raises serious questions about the diligence and accuracy of the agency’s investigation process (KERA News).

Even after DFPS acknowledged the egregious error in the warrant, they refused to return Mila to her parents immediately. This refusal prolonged the family’s anguish and separation. Furthermore, Texas law requires CPS to obtain a court order supported by a detailed affidavit proving imminent danger within three days of an emergency removal, including a pre-deprivation hearing to justify the action before a judge (Texas Law Help). The Jacksons argue these procedures were flawed, contributing to the violation of their rights.

Lasting Stigma from Medical Neglect Case Designation

Following Mila’s removal, DFPS placed the Jacksons in its Central Registry with a “reason to believe” finding for medical neglect. This designation happened without a prior hearing, denying the parents a chance to contest the allegations before being officially labeled. The Central Registry is a database accessible by various institutions, and inclusion carries significant weight, impacting individuals’ ability to work or volunteer in fields involving children or vulnerable populations (DFPS).

Although the finding was eventually downgraded in 2024 to “unable to determine,” this label still casts a long shadow. Under DFPS rules, this status allows schools, employers, and medical providers to access the Jacksons’ case records (ACLU of Texas). Subsequently, this lingering designation hinders their ability to participate fully in community life, like volunteering at their children’s schools, coaching sports, or pursuing certain careers, such as law school, demonstrating the lasting harm of even inconclusive CPS findings (Atlanta Black Star).

Lawsuit Challenges Flawed DFPS Policies, Black Family CPS Dispute

The Jacksons, represented by the ACLU of Texas, aren’t just fighting for their family; they are challenging the system itself. Their lawsuit argues that DFPS policies, particularly the use of the “unable to determine” label, violate fundamental rights. They contend this designation persists even when evidence doesn’t support neglect, essentially punishing families without proper proof (ACLU of Texas).

The lawsuit claims these practices breach the Texas Administrative Procedure Act, which requires state agency rules to be fair and based on statutory authority, and violate constitutional due process rights. Parents have a fundamental right to raise their children, and the state must provide fair procedures, like meaningful hearings, before imposing labels that carry severe consequences (The Texas Tribune). Moreover, the Jacksons’ experience highlights how such policies can disproportionately harm Black families, who are already overrepresented in the child welfare system.

Systemic Bias Magnifies Impact on Black Families

The Jacksons’ case doesn’t exist in a vacuum. It reflects broader, troubling patterns within the child welfare system. Statistics reveal stark racial disparities: over half of all Black children in America face a CPS investigation before reaching adulthood (KERA News). In Texas specifically, Black children are twice as likely as white children to be investigated by CPS (Texas CPS Lawyer).

These disparities often stem from implicit biases in reporting and enforcement, where cultural differences or choices outside the mainstream, like using a midwife, are misinterpreted as neglect. Compounding this is the tragic reality that Black mothers in Texas are three times more likely to die during childbirth compared to other groups (ACLU of Texas). Consequently, this fuels a deep mistrust of the traditional medical system among many Black families, leading some to seek alternatives like midwifery, only to potentially face scrutiny from agencies like CPS.

Medical Neglect Criteria Clash with Parental Choice

At the heart of the Jacksons’ ordeal is the definition of medical neglect. Generally, it involves failing to provide necessary medical care. In cases of neonatal jaundice, specific guidelines exist regarding bilirubin levels and when phototherapy (light treatment) is needed. Home phototherapy is considered safe for moderate cases (bilirubin levels 18–24 mg/dL) if properly monitored (NIH / PMC), while higher levels typically require hospitalization for intensive treatment (Queensland Health).

The pediatrician who reported the Jacksons, Dr. Anand Bhatt, allegedly failed to coordinate effectively with the family’s chosen licensed midwife, even though Mila’s jaundice was reportedly improving under home phototherapy (KERA News). Shockingly, a DFPS specialist later confirmed Mila received appropriate care and suffered no health complications (BlackNews.com). Nevertheless, the damaging “unable to determine” label remained, highlighting how parental choices, especially those involving alternative care like midwifery, can be unjustly scrutinized and potentially criminalized within the current system.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.