Parents Challenge Child Neglect Listing After In-Home Jaundice Care

A Texas couple’s decision to treat their newborn’s jaundice at home has landed them on the state’s child neglect registry, sparking a legal battle that raises serious questions about parental rights and government overreach.

Key Takeaways

Rodney and Temecia Jackson remain on Texas’ child neglect registry despite regaining custody of their daughter and the investigation being closed.
The Jacksons are challenging DFPS policies that allow parents to be designated as neglectful without due process or fair hearings.
The case highlights racial disparities in the child welfare system, with Black families disproportionately targeted.
The lawsuit seeks to erase the Jacksons’ record and implement systemic changes to protect other families from similar experiences.

A Family’s Nightmare Begins

When the Jacksons decided to treat their newborn daughter’s jaundice at home under midwife guidance rather than following a hospital treatment plan, they never imagined it would lead to losing custody of their child. Their daughter M.J. was born at home with a licensed midwife and diagnosed with jaundice, a common condition in newborns. After choosing home care methods, the couple found themselves the subject of a Child Protective Services investigation for suspected medical neglect, resulting in their baby being forcibly removed from their home.

The Registry’s Hidden Impact

The Texas Department of Family and Protective Services maintains a central registry of reported child abuse and neglect cases. Though the Jacksons regained custody of their daughter after a six-week separation and the investigation was closed, they discovered they had been placed on this registry without prior notification or opportunity to defend themselves. This designation carries significant consequences, affecting employment opportunities, volunteer activities, and creating constant fear of future CPS involvement over minor incidents.

The Jacksons issued a statement saying, “When our daughter was just seven days old, she was taken from our home under an invalid court order. 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.”

Legal Challenge Against DFPS

The Jacksons’ lawsuit, supported by the ACLU of Texas, challenges DFPS policies that allow abuse and neglect designations without fair hearings or sufficient evidence. Their legal action claims these practices violate the Texas Administrative Procedure Act and constitutional rights to due process. The suit specifically targets two DFPS designations: “reason to believe” and “unable to determine,” arguing that the latter classification cannot be appealed despite affecting families’ lives.

“They have to do background checks, and so when it was time to redo our annual check for me to be a volunteer at their school, I feared them pulling that record up and it saying that I had this designation from CPS,” noted Temecia Jackson.

Racial Disparities in Child Welfare

The Jacksons’ case highlights troubling racial disparities within the child welfare system. Black families like the Jacksons are disproportionately investigated and targeted by CPS, often facing more severe consequences than white families in similar situations. Studies show that accusations of neglect affect families of color at significantly higher rates, with Black children experiencing more CPS investigations nationwide. These disparities raise serious questions about bias within the system.

According to Charelle Lett, an attorney at ACLU Texas: “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. 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.”

Seeking Justice and System Reform

The Jacksons’ lawsuit seeks not only to erase their own record but to change DFPS rules that allow these damaging designations without due process. Their goal extends beyond their personal situation to preventing other families from experiencing similar trauma. Despite having their healthy daughter back home, the emotional impact of their separation continues to affect them. The lawsuit represents a broader fight against family destabilization and for accountability in a system that wields tremendous power over family unity.

“At no point in my life and my motherhood did I ever think that this could have happened. It’s never going to fully be over for us. She was taken from us for pretty much her first month of life. But we are definitely looking forward to at least holding DFPS accountable in some way,” said Temecia Jackson.