Doe v. Abbott and PFLAG v. Abbott

The ACLU of Texas and partners filed two lawsuits on behalf of a transgender children, their families, a licensed psychologist, and PFLAG and its members against Gov. Abbott and the Texas Department of Family and Protective Services (DFPS) to block child abuse investigations of transgender families based solely on the allegation that they sought gender affirming medical care for their adolescents.

UPDATE [May 29,2026]: For the past four years, following the filing of these lawsuits, DFPS has been blocked from investigating families of transgender youth for alleged child abuse based solely on an accusation of parents or guardians providing a transgender adolescent with gender-affirming medical care. Then, on April 24, 2026, the Supreme Court of Texas issued a procedural ruling that ended these injunctions because the plaintiffs no longer needed them—in part because DFPS has permanently closed its investigations and has testified it will not reopen them.

The Court did not opine on the lawfulness of DFPS’s investigations, and it reiterated that the legal definitions of child abuse and neglect under Texas law have not changed—and cannot be changed—through an Attorney General opinion or letter from the Governor.

DFPS states that because SB 14 (2023) prohibits gender-affirming medical care in Texas for minors, there is no reason for it to conduct future investigations into the provision of this care.

In February 2022, Attorney General Ken Paxton issued a non-binding opinion expressing his view that certain medical treatments prescribed to alleviate the symptoms of gender dysphoria could constitute “child abuse” under Texas law.  The next day, Governor Abbott sent a letter to DFPS, in which he declared that the agency was required to investigate these treatments as potential abuse. That same day, DFPS issued a statement to the media that the agency would comply with Abbott’s letter and “investigate” any reports of the procedures outlined in Paxton’s opinion.

DFPS started investigating families of transgender youth for seeking medical treatments that were fully legal in Texas at the time they were provided.

A family in Texas has had a child welfare investigator arrive at their home due to the Governor’s directive This family — an employee of DFPS with a transgender child, her husband, and their transgender teen — represented by Lambda Legal, the ACLU of Texas, the ACLU, and the law firm Baker Botts, sued Gov. Abbott and DFPS. Dr. Megan Mooney, a licensed psychologist who works with transgender youth and their families, and who is a mandatory reporter of abuse under Texas law, also joined the lawsuit.

The district court issued an order stopping DFPS from investigating families of transgender youth based on the Paxton opinion and Abbott letter by finding that the agency’s actions were likely unlawful and unconstitutional. This decision was affirmed by the Texas Third Court of Appeals.

On May 13, 2022, the Texas Supreme Court issued an opinion that found that the appeals court lacked the authority to block DFPS investigations statewide and limited the temporary injunction only to the specific family and therapist who filed suit. But it did emphasize that the legal definitions for “child abuse” in Texas did not change following the Paxton opinion and Abbott letter.

• In June 2022, the legal organizations listed above filed a new lawsuit in Texas state court on behalf of PFLAG and its 600+ members in Texas, along with three PFLAG member families who had been unlawfully investigated by DFPS. PFLAG provides confidential peer support, education, and advocacy for LGBTQIA+ people, their parents and families, and allies.
• In July and September 2022, the Travis County District Court granted temporary injunctions blocking DFPS and the Commissioner from “investigating members of PFLAG, including but not limited to Plaintiff Families, for possible child abuse or neglect solely based on allegations that they have a minor child who is gender transitioning or alleged to be receiving or being prescribed medical treatment for gender dysphoria.”

This order was affirmed by the Texas Third Court of Appeals and remained in effect on appeal for nearly four years.

On April 24, 2026, the Supreme Court of Texas issued a procedural ruling that declared the claims “moot” and ended these case’s injunctions because the plaintiffs no longer needed them—DFPS has permanently closed its investigations and has testified it will not reopen them, and many of the plaintiffs are no longer minors.

The Court did not opine on the lawfulness of DFPS’s investigations, and it reiterated that the legal definitions of child abuse and neglect under Texas law have not changed—and cannot be changed—through an Attorney General opinion or letter from the Governor.

DFPS states that because SB 14 (2023) prohibits gender-affirming medical care in Texas for minors, there is no reason for it to conduct future investigations into the provision of this care.

DFPS now only has the authority to investigate potential abuse or neglect that meets pre-existing legal standards, which remain unchanged by the Paxton opinion and Abbott letter. Mandatory reporters also retain the same obligation to report suspected abuse or neglect that they have always had, and the opinion and letter do not change these requirements.

In the meantime, if you hear of anyone being subject to a DFPS investigation or impacted by this decision in any way, please reach out to us right away.