A Baby Was Taken From Her Parents. Now, Doctors Argue They Should Be Immune Even If They Reported Her Family Based On “Perceived Autism.

Doctors Claim Reporting Parents to CPS Over “Perceived Autism” Is Protected by Law.

Critical Update from May 26th, 2026 Civil Rights Trial: Attorneys for doctors at Hendricks Medical Center and Brownwood Pediatrics argued that doctors have the right under Texas law to report parents to CPS over “perceived autism.” The judge agreed.

Meet Rose’s Family

Texas CPS removed newborn Rose from her parents in January 2024 after medical providers, based on casual observations and without formal assessments, labeled both parents as “on the autistic spectrum”. Although CPS claimed the removal was due to concerns about Rose’s weight gain, medical and court records show her weight rankings continued to decline for two years in state custody—even as officials described her as “thriving.”

Not once did CPS inform the court that Rose’s weight rankings were actually getting worse. Hospital notes repeatedly focus more on opinions of the parents than on any actual medical emergency for Rose. Rose has been in state custody for two years, and CPS is now pursuing non-relative adoption and blocking visits, prompting a federal civil-rights lawsuit alleging discrimination and violations of parental rights.

Where the Case Stands

Right now, Rose’s family are in two legal fights:
1) an appeal to restore their parental rights, and 2) a civil rights lawsuit over how this happened.

1

Rose Is Removed

CPS removes newborn Rose from her parents in January 2024

2

FFP Gets Involved

Family Freedom Project helps defend their parental rights.

3

Rights Are Terminated

A district court terminates Joel and Donelle’s parental rights.

4

Appeal Is Filed

They appeal the termination ruling to fight to restore their parental rights.

5

Civil Rights Case Begins

They also pursue claims over parental-rights violations and alleged discrimination based on perceived disability.

What Was Argued in Federal Court

The Doctors’ Argument

“Even if they reported parents to CPS based on perceived autism, the law protects them from accountability.”

CPS supported this argument in court as well, claiming that removing a child on that basis would not be illegal.

What Happens If Courts Accept This Argument?

Parents Can Be Targeted based on assumptions, labels, disabilities, or subjective perceptions

Institutions Can Be Shielded from accountability even when their actions cause irreversible harm

Dangerous Precedent Can Be Set impacting families across Texas and the nation

The Facts

Timeline of Events

This Is Bigger Than One Family

Most parents don’t realize how quickly Child Protective Services can step in. When abuse is merely suspected, children can be removed before a family ever gets the chance to prove their innocence. Families often find themselves fighting the system alone — while their children are already gone.

1 in 3

children nationwide experience a CPS investigation by age 18

14 months

average time a removed child spends in foster care

Only 1 in 3

Texas children ever return home after removal

9,220

children removed from Texas homes in 2024 alone

Rose’s story isn’t rare. It’s happening to thousands of families every year.