On Wednesday, Texas Governor Gregg Abbott declared that transgender surgery for children is a form of child abuse after the Texas Department of Family and Protective Services (DFPS) determined it inflicts “irreversible harm to children’s bodies.”
Abbott announced on Twitter DFPS Commissioner Jaime Masters’ findings that “Genital mutilation of a child through reassignment surgery is child abuse.”
Abbott wrote, “The determination and subsequent enforcement of Commissioner Masters’ conclusions are effective immediately.”
"Genital mutilation of a child through reassignment surgery is child abuse…" – Commissioner Jaime Masters, @TexasDFPS
The determination and subsequent enforcement of Commissioner Masters' conclusions are effective immediately.https://t.co/EVLp44zi41 pic.twitter.com/HSTc9T9hQA
— Greg Abbott (@GregAbbott_TX) August 11, 2021
Earlier that day, Commissioner Masters sent a letter to Abbott announcing his findings.
“Genital mutilation of a child through reassignment surgery is child abuse, subject to all rules and procedures pertaining to child abuse. Such mutilation may cause a ‘genuine threat of substantial harm from physical injury to the child.’ TEX. FAM. CODE § 261.001(1)(C),” Commissioner Masters wrote. “As you have described, this surgical procedure physically alters a child’s genitalia for non-medical purposes potentially inflicting irreversible harm to children’s bodies. Generally, children in the care and custody of a parent lack the legal capacity to consent to surgical treatments, making them more vulnerable. See Id. § 32.003.”
“When medically necessary, this surgical procedure may not constitute abuse,” Masters added. “It may be warranted for the following conditions including, but not limited to, a child whose body parts have been affected by illness or trauma; who is born with a medically verifiable genetic disorder of sex development, such as the presence of both ovarian and testicular tissue; or who does not have the normal sex chromosome structure for male or female as determined through genetic testing.”
“Pursuant to Texas Family Code, Section 261.101, a professional who has ‘cause to believe’ a child has been or may be abused must report that belief to DFPS within 48-hours after the professional first suspects the abuse,” Masters wrote. “A professional may not delegate to or rely on another person to make the report. Professionals include teachers, nurses, doctors, day-care employees and others who are either licensed by the state or work in a facility licensed or operated by the state and who have direct contact with children through their job.”
