Judge Still Won’t Allow Justina Pelletier’s Parents Custody of Her

National   |   Steven Ertelt   |   Mar 3, 2014   |   5:50PM   |   Boston, MA

While there has been some good news in the case of Justina Pelletier, the judge in the case still will not let her parents have custody of her.

Justina Pelletier, the teen at the center of a legal battle between the Pelletier family and Boston Children’s Hospital over custody and proper medical treatment, will likely head soon to a medical center in her home state of Connecticut. The move is seen as a backing down by  the hospital and a victory of sorts for her parents.

justinapelletierBut, as pro-life attorney Mat Staver tells LifeNews, the Massachusetts DCF has backed off part of their promise to return Justina Pelletier to her home state of Connecticut.

“Today, an agreement with DCF was presented to the court and approved to (1) Drop the contempt charges against Lou Pelletier, (2) Dissolve the gag order, and (3) Transfer Justina’s medical care to Tufts Medical Center where Dr. Mark Korson, a metabolism specialist, had been treating her for mitochondrial disease,” Staver explained. “DCF still is holding Justina as a ward of the state. Now, we need to get DCF removed and custody back with the family.”

Staver told LifeNews:

Now, DCF has stopped short of transferring Justina back to Connecticut – thus delaying the potential of her returning to her home and family.

My Liberty Counsel legal team has been intensely working to have this 15 year-old returned to the care of the Tufts Medical Center and returned to the custody of her family.

As more of the details of this case come to light, people are becoming increasingly outraged. It is unfathomable that this barbaric overreach by a state agency is taking place in America – and in the city that launched the fight for American liberty, of all places.

Being a “ward of the state” means a child becomes state property – and potentially a medical guinea pig.

As a Massachusetts ward of the state, Justina has been refused access to education. She is denied visitation by clergy, with no allowance for religious observances including Easter and Christmas.

Her sisters and 92-year-old grandparents have been barred from visitation. Justina’s parents were only allowed weekly visits for one hour – and that under extreme supervision including a Massachusetts State Trooper.  DCF prevented the parents from even having a cell phone to photograph their daughter.

Under Massachusetts law, prison inmates get up to five visits per week, medical care, and education rights.  DCF has granted Justina one visit per week, little medical care, and no education, even though she is just 15 years of age.

Justina Pelletier has been treated far worse than an incarcerated felon by the State of Massachusetts!

Plus, unknown to many people, Boston Children’s Hospital is a chartered teaching hospital and is allowed to conduct medical research and experimentation on children who are declared wards of the state.

According to BCH’s “Clinical and Investigation Policy and Procedure Manual”…

“Children who are wards of the state may be included in research that presents minimal risk… or greater than minimal risk with a prospect of direct benefit.”

Justina’s abuse as a DCF ward is unfathomable. No 15-year-old should be forced to live under such conditions!

In January of 2013, before she was admitted to the Emergency Room at BCH, Justina was involved in ice-skating competitions and was in a private school under an Individualized Education Plan (IEP) that was sensitive to her learning disability.

As a ward, Justina’s deficient medical care has left her extremely weak and confined to a wheelchair. Being refused education, she is now two years behind her classmates.

We must continue our pursuit of justice for Justina!
Massachusetts legislators are demanding accountability. More than a dozen Massachusetts State Legislators blasted the Department of Children and Families (DCF) for “breaking up” the Pelletier family and decried the ill-advised imprisonment of Justina Pelletier.
They are now calling for the House Committee on Post Audit and Oversight to launch a full-scale investigation into the DCF’s handling of the case. The representatives plan to introduce a resolution entitled “Acknowledging Serious Concerns regarding DCF’s handling of the Justina Pelletier Case” in the House’s next formal session on Wednesday.