Doctors Claim Reporting Parents to CPS Over “Perceived Autism” Is Protected by Law.
Critical Update from November 11, 2026: The Eleventh Court of Appeals on October 29 reversed the trial order terminating Joel and Donelle’s parental rights to their daughter Rose. In a major victory, the court’s opinion outlined CPS’s lack of evidence and the agency’s failure to show any danger that justified termination of Joel and Donelle’s parental rights.
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.
What Was Argued in Federal Court
Rose Belongs At Home. You Can Help Bring Her Back.
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.