Texas DFPS Gender Care Investigations: Court Timeline
A Texas appeals court in 2022 upheld orders blocking state child welfare investigations of parents whose transgender children received medical treatment. The Texas Supreme Court later narrowed that protection to the families who sued, and in April 2026 it lifted the remaining injunctions as moot after the investigations closed. It never ruled on whether the investigations were lawful.
Key takeaways
- The dispute began with a February 2022 attorney general opinion and a governor's letter directing the Department of Family and Protective Services (DFPS) to investigate.
- On May 13, 2022, the Texas Supreme Court held the appeals court order went too far by covering nonparties.
- Texas Senate Bill 14, banning these treatments for minors, took effect in 2023 and was upheld by the Texas Supreme Court in 2024.
- On April 24, 2026, the Texas Supreme Court lifted the remaining injunctions without deciding the underlying legal question.
What happened in the Texas courts?
In February 2022, the Texas attorney general issued a nonbinding opinion stating that certain treatments for gender dysphoria in minors could be considered child abuse under state law. The next day, the governor sent a letter directing DFPS to investigate reported cases. Families and a licensed psychologist sued in Travis County district court, which temporarily blocked the investigations. The Third Court of Appeals in Austin upheld that block and applied it broadly.
The state appealed to the Texas Supreme Court. On May 13, 2022, the court ruled that the appeals court had overstepped by extending protection to "any and all" nonparties, so investigations of families outside the lawsuit could continue. The court also said DFPS was not compelled by law to follow the governor's letter or the attorney general's opinion, according to reporting by Texas Standard.
In June 2022, a separate suit was filed on behalf of the advocacy group PFLAG and member families. The Travis County court issued temporary injunctions in 2022 blocking DFPS from investigating PFLAG members on this basis alone, and those injunctions remained in place for several years.
What is the current status in 2026?
| Date | Event |
|---|---|
| February 2022 | Attorney general opinion; governor directs DFPS to investigate |
| March 2022 | Lawsuit filed; district court temporarily blocks investigations |
| Spring 2022 | Third Court of Appeals upholds the block and applies it broadly |
| May 13, 2022 | Texas Supreme Court limits protection to the plaintiffs |
| 2022 | Temporary injunctions protect PFLAG members |
| 2023 | Senate Bill 14 takes effect, prohibiting these treatments for minors in Texas |
| June 2024 | Texas Supreme Court upholds SB 14 |
| June 18, 2025 | U.S. Supreme Court upholds a similar Tennessee law in United States v. Skrmetti |
| April 24, 2026 | Texas Supreme Court lifts the remaining injunctions |
The Texas Tribune reported that the April 2026 ruling rested on the fact that DFPS had closed its investigations of the plaintiff families, and that one child had turned 18. The court found no credible, nonspeculative threat of future investigations of these plaintiffs. It did not decide whether providing these treatments to minors is child abuse under Texas law.
At the federal level, SCOTUSblog summarizes the Skrmetti decision as a 6-3 ruling that Tennessee's law does not trigger heightened scrutiny under the Equal Protection Clause and survives rational basis review. That decision shapes how courts evaluate similar state laws.
What does this mean for employers?
These cases concern state child welfare authority and medical regulation, not employment law directly. Still, employers with staff in Texas or in states with similar laws may see questions from employees, and HR teams should respond consistently and within existing law and policy.
- Health plan design. Coverage questions depend on plan type. Fully insured plans are generally subject to state insurance regulation, while self-funded ERISA plans follow different rules. Review plan documents with benefits counsel; our open enrollment benefits admin checklist is a good point to schedule that review.
- Leave. Employees may request time off for a family member's care or for legal matters. Apply existing leave policies and FMLA rules evenly; see our explainer on FMLA protections during medical leave.
- Relocation and remote work requests. Some employees may ask to move or work from another state. Evaluate these under your normal remote work policy and consider tax and payroll impacts, covered in our guide to multi-state payroll with conflicting tax rules.
- Confidentiality. Treat any family medical information employees share as confidential and limit it to those who need it.
- Manager guidance. Ask managers to route questions to HR rather than offer legal or personal opinions.
Frequently Asked Questions
Did the Texas Supreme Court rule that the treatments are child abuse?
No. In April 2026, the court lifted the injunctions because the investigations of the plaintiff families had closed and there was no credible threat of new ones. It did not decide whether providing these treatments to minors constitutes child abuse. In 2022, the court said the attorney general's opinion and the governor's letter did not legally bind DFPS.
Are these treatments for minors legal in Texas now?
Texas Senate Bill 14, which took effect in 2023, prohibits certain medical treatments for gender transition in minors, and the Texas Supreme Court upheld the law in 2024. In 2025, the U.S. Supreme Court upheld a similar Tennessee law. Employers and families with specific questions should consult qualified legal counsel for current rules.
Should employers change policies because of these rulings?
The rulings do not directly change employment obligations. Employers should confirm that benefits plans, leave policies and confidentiality practices are applied consistently and comply with federal and state law. Benefits counsel can explain how state laws affect fully insured versus self-funded plans. Clear manager guidance helps avoid inconsistent responses.
Next steps
Ask benefits counsel to confirm how current state and federal law applies to your plans, brief HR business partners on the timeline so answers are consistent, and remind managers to route employee questions to HR. Revisit the topic if new legislation or court decisions follow.
Last reviewed: October 2026.
Sources
- Texas Supreme Court ruling on DFPS investigations, April 24, 2026, The Texas Tribune
- Texas Supreme Court rules investigations can continue, Texas Standard
- United States v. Skrmetti case file, SCOTUSblog
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