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Anti-trans laws use child protective services to harm transgender youth

In a Washington Post op-ed, ÌÇÐÄ´«Ã½ professor Mical Raz argues that for trans children and their families, their ÌÇÐÄ´«Ã½œvery existence is at stakeÌÇÐÄ´«Ã½� when definitions of neglect and abuse become overly broad. Above, an activist supports transgender rights at a rally in New York City. (Getty Images photo)

Texas Governor Greg Abbott (R) his stateÌÇÐÄ´«Ã½™s Department of Family and Protective Services (DFPS) to consider gender-affirming medical treatments for transgender youth and children a form of child abuse under state law. The new law now legally requires doctors, nurses, and teachers to report to DFPS parents who help their child in receiving such care.

ÌÇÐÄ´«Ã½œFor trans children and families, their very existence is at stake. Investigations may result in child removal and placement outside the home, as well as denial of essential medical care,ÌÇÐÄ´«Ã½� writes , the ÌÇÐÄ´«Ã½ÌÇÐÄ´«Ã½™s Charles E. and Dale L. Phelps Professor in Public Policy and Health and a professor of history, in a  published in the ÌÇÐÄ´«Ã½œMade by HistoryÌÇÐÄ´«Ã½� section.

ÌÇÐÄ´«Ã½œExploiting broad legal statutes to criminalize, punish and break up families of disfavored and disempowered groups has a long history,ÌÇÐÄ´«Ã½� argues Raz, who is also a physician at the UniversityÌÇÐÄ´«Ã½™s Strong Memorial Hospital. ÌÇÐÄ´«Ã½œSystems of child protection have often been deployed in ways that harm the very ones they have been charged to safeguard.ÌÇÐÄ´«Ã½�

Added requirements to the 1974 Child Abuse Prevention and Treatment Act include overly vague definitions of child abuse, such as ÌÇÐÄ´«Ã½œemotional neglectÌÇÐÄ´«Ã½� or ÌÇÐÄ´«Ã½œmental injury.ÌÇÐÄ´«Ã½� By the late 1970s, child welfare researchers across the political spectrum cautioned that these definitions should be narrowed. ÌÇÐÄ´«Ã½œYet politicians made the opposite choice,ÌÇÐÄ´«Ã½� writes Raz.

Meanwhile, public condemnation of the new Texas directive has been swift, including from the . Already, a leading pediatric hospital, Texas ChildrenÌÇÐÄ´«Ã½™s Hospital in Houston, has  providing gender-affirming care to shield employees and patients from possible legal ramifications. ÌÇÐÄ´«Ã½œThere are real consequences to these policies,ÌÇÐÄ´«Ã½� Raz notes.

The author of WhatÌÇÐÄ´«Ã½™s Wrong with the Poor? Psychiatry, Race, and the War on Poverty (University of North Carolina Press, 2013) and Abusive Policies: How the American Child Welfare System Lost Its Way (University of North Carolina Press, 2020), Raz is an expert on the history of US poverty and child abuse policies over the last half century.

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