There's WAY more to this than the Fox New article is letting on.
The Child in this case was diagnosed with major depressive disorder, generalized anxiety disorder, parent-child relationship problem, and gender dysphoria. There was also a borderline personality disorder diagnosis.
DCS investigated and found a Child In Need of Help (CHIN) situation. Specifically CHINS-1 (Child's physical or mental condition was seriously impaired or seriously endangered due to the Parents' neglect) and CHINS-2 (Child's physical or mental health was seriously endangered due to injury by the Parents' acts or omissions).
DCS went to a trial court to get a removal, based on multiple findings that removing the Child from their Parent's home was both necessary to safeguard their welfare and in their best interest. The court held a combined initial and detention hearing, and made a finding that there was probable cause to believe that Child was a CHINS and that Child's detainment was necessary to safeguard Child's health.
The DCS then filed a dispositional motion to add a CHINS-6 classification (Child substantially endangering their own health, in this case anorexia and self-isolation from parents). The parents did not object to this addition, and the trial court granted the motion.
The trial court then subsequently held a hearing following an agreement between the parents and DCS to dismiss the CHINS-1 and CHINS-2 allegations, unsubstantiate and expunge the record of any reports related to the parents, and proceed under the CHINS-6 statute.
The trial court then found that remaining in the Parents' care would be contrary to Child's welfare, and ordered a partial removal. The Child and Parents were ordered to attend counselling, with the parents barred from mentioning the Child's transgender status during these sessions.
The parents then appealed the removal. But, they did not object to of challenge the CHINS-6 finding (which the removal is based on), so the appellate court ruled their apart of their appeal moot and agreed with the DCS/trial court findings on the CHINS-6 classification and upheld the removal.
The parents are now arguing that removing the child on a CHINS-6 (child endangering their own health [because of parents actions]) violates the 1st and 14th Amendments. Appellate court has already found that the removal was not based on the dismissed CHINS-1 and CHINS-2 allegations, and thus doesn't violate either.