Supreme Court lets stand Indiana court ruling denying parents custody of their trans daughter

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The Supreme Court on Monday decided not to hear the appeal made by self-described 'devout Christian" parents who wanted to regain custody of their transgender daughter.

The case began in 2021 after the Indiana Department of Child Services received two reports of abuse or neglect, both related to the teen’s transgender identity, according to USA Today. One accused the parents of verbally and emotionally abusing their child because they did not accept that the teen was transgender.

According to court records on May 11, 2021, DCS received a report alleging that Mother was verbally and emotionally abusing then-sixteen-year-old Child by using rude and demeaning language toward Child regarding Child’s transgender identity, and as a result, the Child had thoughts of self-harm.

On May 21, 2021, DCS received a second report alleging that the Parents were verbally and emotionally abusing the Child because they do not accept the Child’s transgender identity, the abuse was getting worse, and the Parents were being mean to the Child due to Child’s transgender identity. A DCS family case manager (FCM) investigated reports, met with the Parents, Child, and Child’s siblings, and spoke by phone to a representative from Child’s residential school.

The FCM prepared a preliminary inquiry report (PIR), which indicated the following: Mother and Child both stated that Child had been suffering from an eating disorder for the past year but had yet to be evaluated by a medical professional; the Parents had withdrawn Child from school, and DCS was unaware of the family’s intent to enroll Child in a new school for the upcoming school year; Child had been in therapy, but the Parents had discontinued it; Child did not feel mentally and/or emotionally safe in the home; Mother said things such as “[Child’s preferred name] is the bitch that killed my son”

A "parental rights" bill that would prohibit courts from removing a minor from their home even if they were dying from abuse passed the Indiana House while this case was before the Supreme Court. The mother testified before the Indiana House Committe that she disagreed with the diagnosis of gender dysphoria her child received from multiple mental health professionals.

The bill will most likely die in the Senate Rules committee. A spokesperson for Senate President Pro Tempore Rodric Bray (R-Martinsville) said on March 13 that Bray “did not see a path forward” for the bill, both because of concerns about the policy and the ongoing lawsuit.

The mother told lawmakers her child had aged out of the system and gone no-contact after turning 18.

The Indiana Court of Appeals in October 2022 found that the Coxes’ parental rights were not violated by their child’s removal.

“The parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to [their] child,” the court said in its opinion.