Temecia and Rodney Jackson, a Black couple from metro Dallas, have filed a lawsuit against the Texas Department of Family and Protective Services (DFPS).
The lawsuit, filed on April 22, 2025, challenges the agency’s actions after their newborn daughter Mila was taken away from them in 2023 following their decision to treat their baby’s jaundice with a midwife instead of taking her to an emergency room.
The Jacksons claim that the state’s actions violated their constitutional rights and caused them unnecessary stress, fear, and harm.
The Incident: Baby Taken After Alternative Treatment for Jaundice
In March 2023, the Jacksons’ daughter, Mila, was born at home under the care of Cheryl Edinbyrd, a licensed midwife. When Mila developed jaundice, a common condition in newborns that causes yellowing of the skin and eyes, the Jacksons consulted their pediatrician, Dr. Anand Bhatt, who recommended that they take Mila to a newborn intensive care unit (NICU) for treatment.
However, after discussing the situation with Edinbyrd, the Jacksons chose to treat Mila with phototherapy, enhanced nutrition, and close monitoring at home.
When the pediatrician was unable to reach them by phone, he reported the Jacksons to DeSoto Police and DFPS, claiming medical neglect. Later that night, the Jacksons say police arrived and took Mila from Temecia Jackson’s arms, placing her in foster care.
“I was left fearing for her well-being. She should have been safe in our arms. Instead, she was abruptly separated from us,” said Temecia Jackson in a statement.
Allegations of Medical Neglect and DFPS Investigation
The pediatrician’s report to DFPS sparked an investigation into the Jacksons, who were accused of neglecting Mila by choosing midwifery care instead of hospital treatment. DFPS also began an investigation into their other two children after erroneous records led the agency to believe their school attendance was not properly documented.
Edinbyrd, the midwife, later described the incident as “kidnapping,” stating that Mila was “being nurtured, supported, and loved” and should never have been taken away.
The Jacksons were forced to endure the 24-day separation from their daughter before she was returned to them. The experience left them emotionally scarred, with their first month of postpartum bonding stolen.
Despite their efforts to provide documentation that Mila was receiving appropriate care, the couple was labeled with a “reason to believe” designation, meaning DFPS still considered them potentially responsible for medical neglect. In May 2023, they requested an administrative review of the findings and provided additional evidence to support their case.
In March 2024, DFPS changed the designation from “reason to believe” to “unable to determine”, but this designation cannot be appealed. The Jacksons were left with a mark on their record, even though no evidence of medical neglect was found.
Lasting Impact on the Family
The lawsuit argues that the “unable to determine” designation continues to harm the Jacksons’ family life. It means that organizations such as doctors, police, schools, and sports leagues can request to see their DFPS records.
This has led to unwarranted scrutiny of their parenting decisions and has had a long-lasting negative impact on their personal lives.
Temecia Jackson, for example, is now constantly worried that if something minor happens to Mila, such as falling and getting a cut, DFPS may take her away again.
“Mrs. Jackson feels as if every parenting decision she makes is under extra scrutiny, with the looming threat of losing her child without justification,” the lawsuit states.
Meanwhile, Rodney Jackson has been hesitant to engage in community activities he once enjoyed, such as coaching his children’s sports teams, due to the media attention and the stigma that followed the allegations.
Lawsuit Demands Action
The Jacksons’ lawsuit asks the court to rule that DFPS’s classification of neglect findings is unconstitutional and that the “unable to determine” designation be changed to “ruled out”. The lawsuit also seeks the removal of their records from the DFPS system.
They are not seeking any monetary compensation, only that the state’s actions be held accountable and that no other family has to endure similar pain.
“We hope the court’s power to hold DFPS accountable means that no other family has to endure our pain — simply for choosing midwifery,” the Jacksons said in a statement.
Racial Bias and Unfair Targeting of Black Families
The Jacksons’ experience has highlighted a troubling issue: Black families, particularly in Texas, are often unfairly targeted by child welfare systems. According to Charelle Lett, an attorney with ACLU of Texas, the Jackson case demonstrates how Black families are disproportionately reported to child protective services, even when they’ve done nothing wrong.
“Black and Brown families are often unfairly targeted by a system that fails to understand or respect their choices,” Lett said.
The Jacksons hope that their case will spark change and prevent future discrimination against Black families in the state’s child welfare system.