BROWN COUNTY, Texas — A Brown County judge has ruled that doctors accused in a civil rights lawsuit are protected from civil liability for reporting parents to Child Protective Services based on the doctors' perception that the parents may have autism, according to court filings and statements from attorneys involved in the case.
The ruling stems from a lawsuit filed on behalf of Joel and Donelle, a Brown County couple who allege their daughter, Rose, was removed from their custody and separated from them for approximately two and a half years after physicians associated with Hendrick Medical Center and Pediatrics of Brownwood reported concerns to CPS.
According to the lawsuit, doctors repeatedly documented their belief that the parents were autistic and incapable of properly caring for their daughter. The suit further alleges that medical providers not only made reports to CPS but also played a significant role in the subsequent investigation.
The parents contend that doctors blamed them for their daughter's slow weight gain, despite concerns raised by the family that the condition could have a genetic cause. According to the lawsuit, the child's condition was later determined to be genetic.
During a recent hearing, attorneys representing the medical providers argued that state law grants immunity from civil liability to doctors who report suspected concerns to Child Protective Services. They further argued that those protections applied in this case.
Civil District Judge Mike Smith agreed with that argument and issued an order granting the doctors immunity from the claims related to their reporting of the parents to CPS.
The ruling has drawn criticism from the Family Freedom Project, an advocacy organization supporting the family in both the CPS proceedings and the civil lawsuit.
Jeremy Newman, vice president of the Family Freedom Project, criticized the decision, arguing that allowing doctors immunity for reporting parents based on perceived disabilities could have significant implications for parental rights and disability discrimination claims.
The organization contends that the case raises broader questions about the authority of medical professionals and government agencies in child welfare investigations.
The lawsuit and related legal proceedings remain ongoing. More than two years after their daughter's removal, Joel and Donelle continue pursuing legal action and appeals as they seek reunification with their child.
No response from the medical providers was included in the information released beyond the legal arguments presented during the hearing. The case remains pending.
