A Minnesota mother filed a complaint against her son and his school and healthcare providers, alleging they usurped her parental rights by providing him with transgender healthcare without her permission.
Anmarie Calgaro, the mother of 17-year-old J.D.K, claimed medical providers and the school district treated her son as an emancipated minor and denied her access to her son’s medical and education records.
The Mid-Minnesota Legal Aid Clinic allegedly counseled J.D.K in June 2015 and said he was emancipated; no legal action occurred to make it official. J.D.K, acting as an emancipated minor, received transgender healthcare and prescriptive drugs without his mother’s involvement, according to the lawsuit.
Park Nicollet Minneapolis Gender Services Clinic and Fairview Health Services allegedly gave J.D.K medical services and various narcotics to help him transition from male to female. Both healthcare providers treated J.D.K. as an emancipated minor and did not ask Calgaro for consent before treating him, the lawsuit alleges.
“This is an outrageous abuse of power by multiple agencies. To treat a minor child without either parental consent or a court order of emancipation is a violation of the trust placed upon the human service sector and its governmental oversight agencies,” said Tom Brejcha, president and chief counsel of the Thomas More Society, in press release.
“To give a parent no recourse to intervene in this situation is an egregious violation of Constitutional rights,” Brejcha continued.
The St. Louis County School District also prevented Calgaro from seeing J.D.K’s educational records or participating in his education.
Calgaro alleges her right to due process under the 14th Amendment was violated because Minnesota law does not provide a way for her to challenge J.D.K’s emancipation.
Calgaro is represented by the Thomas More Society and Mohrman, Kaardal & Erickson, P.A.
“The courts do not recognize a corresponding common law right for a parent to petition to de-emancipate a teenager. Thus, Minnesota statutes constitutionally err by allowing a medical service provider to treat a teenager as emancipated without a court order and without providing parents a post-deprivation process to challenge the medical service provider’s determination of emancipation,” Erick Kaardal, a special counsel for the Thomas Moore Society, said in a press release.
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