Blake Rocap

In 1999, Texas passed SB 30, which required doctors to notify a parent 48 hours before an abortion is performed on a minor. This notification requirement can be waived by the young person seeking a judge’s permission through a process known as “judicial bypass.” Judicial bypass allows a judge to authorize an unemancipated minor to consent to an abortion without notice to, or the consent of, a parent, managing conservator, or guardian. The law recognizes that parental involvement may not always be in the best interest of pregnant minors and provides for judicial bypass in those cases, including abuse, neglect, sexual assault, and other special circumstances.

In response to SB 30’s passing, Jane’s Due Process was formed. Jane’s Due Process helps young people in Texas navigate forced parental involvement laws. Specifically, it provides legal support and one-on-one case management for Texas teens obtaining judicial bypass, provides a text line for information on birth control and family planning services, and centers and advocates for the voices of young people fighting for reproductive rights. Confidentiality in these cases is key; hence the organization’s name, taken from the caption of a bypass case “In Re. Jane Doe.”

We are solutions oriented. We are looking for a way to effectuate the decision our client has made.

Approximately a year after SB 30’s passing, Blake Rocap entered law school seeking to help people by obtaining his legal degree. He knew he wanted to do civil rights work, and today, he believes deeply that “being a lawyer is a service profession. You are there to serve your clients and their interests,” and that fact does not change simply because your client is under the age of 18.

Blake is no stranger to “difficult” or “politically fraught” issues. Being born in Alabama, his parents talked openly about race and racism, and speaking to him it is clear he had a strong sense of justice well before ever contemplating law school. He was writing about same-sex marriage in college several years before there even seemed like any state would legalize it. So, when the law of the land in Texas required parental involvement (or judicial bypass), Blake understood that if we were going to force Texas youth to go through this process in a time of intense crisis these youth were going to need legal representation. He volunteered.

Everyone deserves equal respect and autonomy.

While Blake has done many other things in his legal career, he has been representing youth in judicial bypass cases and supporting youth in difficult circumstances for nearly 20 years. He now serves as Jane’s Due Process’ Legal Director.

Blake points out that youth seeking help from Jane’s Due Process are not in challenging circumstances because making the decision to have an abortion is difficult for them; youth are in difficult circumstances because adults and systemic inequality in their lives have put them there. While the majority of young people who seek abortion care to do so with the help of a parent or guardian, there other youth who do not have that support and, in some cases, risk being kicked out of the home or forced to continue a pregnancy against their will by a parent. In other instances, youth are ‘de facto orphans’ and are navigating immigration detention or the child welfare system on their own.

It is the guidance, support, and autonomy Jane’s Due Process provides that Blake finds to be incredibly valuable to his clients. It cannot be denied that the help clients receive from Blake and his colleagues changes the trajectory of their lives. Not just the access to legal representation, but case managers, appointments, answers to questions about medicine, answers to questions about the law, and the ability to have access to a trusted adult are all life changing. Blake observes that often, the first time a youth is ever asked what they actually want is when he (or one of his colleagues) consults with them. Blake notes it is important not to discount youth—what they say and what they mean—simply because they are not yet 18. He readily admits that he struggles with that as a parent himself, but it is absolutely necessary to give them the time and attention to understand what they want. He states, “We don’t have a preferred outcome. We want what they want.” Jane’s Due Process provides clients a space where they know the answer they give is not going to be “wrong.”

Youth are amazed there is an organization there specifically to help them. Blake also finds that youth having that autonomy and the positive experience with trusted adults and the legal system awakens his clients’ civil and political consciousness. Indeed, youth advocates have been excellent and have gone on to do important work for reproductive rights because of their experiences with Blake and his colleagues.

They get to go on and live their best life on their terms. They get to have the autonomy to live the life they wanted.

Blake’s advice for working on sensitive issues in a difficult and fraught environment: “No one likes surprises.” If you, as a lawyer or a representative, see difficult situations coming up, it is much easier to reach out in a cooperative manner. Reach out to court clerks who do not see these types of cases frequently in advance of a hearing and prepare them for what to expect and what the judge is going to need. Make sure stakeholders know your face and understand your knowledge of the law. Appear at conferences and networking events. Understand decision makers concerns and why they may be saying “no” when the law says they can or should be saying “yes.”

Something Blake emphasizes has served him well repeatedly is not only knowing but having a deep understanding of the law. Know what it requires and what it does not. Not only does it ensure he is the best advocate for his minor clients, but he is able to help other stakeholders (e.g., clinics, school counselors, court clerks, judges) ensure they follow the law and do not run afoul of it themselves, again, to the benefit of his clients.

While there is an extensive amount of uncertainty surrounding abortion rights in Texas and across the country, it is a guarantee that Jane’s Due Process under the legal leadership of Blake Rocap will be doing everything they can to ensure Texas youth are empowered and supported as they seek to exercise their rights. Even in these unprecedented times, they continue to answer legal questions, provide resources, and push for policy change regarding reproductive rights and abortion.

Resilient, Texas youth would undoubtedly be worse off without fearless children’s lawyers like Blake who are willing to have difficult conversations, overcome deep stigmas, and push for youth autonomy.

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