A Massachusetts judge ruled Tuesday that the Connecticut teen in the middle of a contentious custody battle between her parents and the state will remain in the custody of the Massachusetts Department of Children and Families.
The Boston Globe reported that Suffolk County juvenile court Judge Joseph Johnston granted “permanent” custody to the state DCF. This decision was in response to a motion filed by Lou and Linda Pelletier, Justina’s parents, and her court-appointed lawyer for a “conditional custody” plan. Up until this point, DCF only had temporary custody of Justina, which it had maintained for more than a year.
Mat Staver, attorney and founder and chairman of Liberty Counsel, told TheBlaze that as he understands the order, filed Tuesday afternoon, the Department of Children and Families will retain custody of Justina for now.
“This is just completely unacceptable. The family asked us to pursue any other opportunities and appeals,” Staver said. “The family is beyond fed-up.”
In response to the Boston Globe’s report that the state will retain “permanent” custody, Staver said, “there’s no way they could have done that.”
“I’ll have to look into that more, but I can’t imagine this is the case in this situation,” he said.
Staver’s own motion to be formally admitted onto the case as an attorney for Lou and Linda Pelletier was denied by the judge.
The family’s spokesman Rev. Patrick Mahoney also told TheBlaze Tuesday night that, in his understanding, the ruling is not meant to imply that Justina will never be returned to her parents.
“It’s not a lie, but it’s not 100 percent accurate,” Mahoney told TheBlaze. “In putting the word [‘permanent’] out without explaining it, it appears to the casual reader that somehow the Pelletiers have completely lost of Justina until she’s 18 years old and that’s not the case.”
Mahoney said in a statement that the Pelletiers”are crushed and heartbroken to see their daughter violated like this. They are rightfully worried for her safety.”
DCF in a statement maintained that its “primary goal has always been the health and wellbeing of Justina, and finding a solution that would allow her to return to Connecticut.”
“That has not changed in the face of this ruling,” the statement continued. “The department is exploring all options that will allow Justina to return to her home state where she has the support of her friends, family, school and community.”
The agency also clarified that the authority remains with the court to rule on custody matters. Staver said the Pelletiers will be allowed to file another motion with the court to try and obtain custody again through the legal system on May 25.
Lou and Linda Pelletier have been fighting to regain custody of their daughter after allegations of medical child abuse arose 14 months ago.
Three more victims of government are created…
With such minimal respect as I can muster, the Reverend is full of scatology. The imperial government will do whatever it wants for however long it wants and feels no need or reason to justify or explain it's acts. The American people have allowed it to become so. Unless and until the government is made to quake in fear at the thought of offending the people, instead of the current condition in which people and families must live in fear of the government, we will live in tyranny. Sic Semper Tyrannis! Semper Fi!
And on what basis does a court deny an attorney the right to represent someone? Is he not a member of the Massachusetts Board?
the MASS DCF is so corupp it does bor supprise be one bit of what is going there
with GOV DEVAL looking the other way
It used to be that kidnapping was illegal. What happened? Better yet, what needs to be done? Better yet, What CAN be done? My idea? Find somebody to sue. Perhaps someone in a government post that had a hand in keeping Justina in custody. Maybe the judge that issued this order? Oh, sorry, the judge is immune! See how the system works?
Well, we're only getting one side of the story here, but IIRC the hospital in CT says she has a mitochondrial disease, and the one in MA is saying no, it's her parents forcing her to get unnecessary treatment.
I'd sue the MA hospital in federal court alleging 'failure to treat' in order to force the physicians from both hospitals to testify – since the custody order only applies to MA the parents can waive HIPAA & introduce her medical records plus any direct testimony from the doctors themselves.
Of course, the above turns over decisions on treatment to a federal judge – and they could side with the hospital in MA instead of ordering her returned to CT to resume treatment for the mitochondrial condition.
Welcome to the MSA. The Marxist State of America. Massachusetts is simply the test State for government Death Squads. In that world
Civil RICO suit is the answer…they are all corrupt…treble damages will get their attention
The state should find out which hospital is wrong and then fine that institution for it's incorrect diagnosis, but either way you look at the situation, the girl should not have been kidnapped from her parents by the state. There was no child abuse, from what I have read, and the state should have no grounds to remove the girl from her home against her will and keep her separated from her parents against her will. The parents did nothing wrong. It is the hospital, whichever one it was, that is in the wrong. Go after the guilty hospital. This isn't rocket science, it is common sense, but governments all totally lack common sense and this is the kind of thing you wind up with.
Where do we donate to help file a lawsuit for 100 million against the state of Massachusetts, the DCF, and the Hospital!! Will definitly donate to this law suit!!
DCF funding — not just in Mass. but every state — is driven by how many kids they can separate from a home situation and put in their custody. When "Child Protective Services" came into being in the early 1990's was when the number of these state-sponsored kidnappings increased exponentially. DCF is not protecting any child; they are just trafficking in human misery for job security.
Once MASS DCF kills her it won't matter. She will probably be dead with a year.
How on earth can OUR country have come to this? Does anyone realize that a convicted killer in jail has more rights than this poor girl? I hope the parents sue the daylights out of the hospital and the DCF/State of MA!
You nailed it. I can't think of a more heinous crime against a family and the Constitution. I hope the parents sue all involved individually. I can't help thinking a civil jury where damages and punity amounts are determined by jury would end this type of thing. Things like brake them financially, then lifetime denial of law, medical, government office, or other professional right to practice! It's terrifying!
The answer is in the Constitution: Lay the full wrath of the Constitution and the millions who gave life and limb to preserve, defend, and enforce it; upon those traitors who use government powers to mock and defile it!
Amendment 4: (security rights)- persons, houses, papers, and effects (searches and seizures), (no Warrants (without) probable cause, supported by Oath ,…describing the (place and persons seized).
Amendment 5, "No person (held to answer for) capital or infamous crime, unless (with Grand Jury indictment) …nor be deprived of life, liberty, or property, without due process of law; (no)… private property …taken for public use…"
Amendment 6: . "…all criminal prosecutions, …right to a speedy and public trial, by an impartial jury …informed of (cause of accusation); …witnesses against …witnesses for…, …Counsel (defense)…"
Amendment 14: (Equal protection of the law.)
The judge and any other government involved are VIOLATING THE CONSTITUTION and OATH/DUTY to their positions. They are Criminal and civil violations, WITH SEVERE CONSEQUENCES!!
— “The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he “comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct.
Read the full text and get mad enough to DEMAND JUSTICE NOW!
so true if things don't change I look for this child to die. and if she does I pray the parents sue the state and the judge to the point they will owe this family for the rest of their lives
I pray there's a grandfather like myself who will go after the Judge and DCF thugs individually (and I don't mean with lawyers.)
This is simple. The judge and the Child protective service HAVE to keep custody. If they release the girl and REAL treatment is resumed, she might REALLY GET BETTER.
Then EVERYONE would know that Boston's was wrong. And they will NEVER admit that they were wrong, even if the bigoted doctor was BRAND NEW.