"A Walpole couple have filed a federal lawsuit accusing the Department of Children and Families of illegally doing the bidding of doctors at Boston’s Children’s Hospital, threatening to strip the mother and father of their parental rights if their daughter was not committed to the hospital’s mental facility.
“The basic request is for a federal court to apply the constitution to say parents have the right to take care of their children without undue interference from a state agency,” said lawyer Barry Pollack, who filed the suit against DCF and Attorney General Martha Coakley on behalf of the Walpole couple — identified only as “Karen T” and “Robert T Sr.” — whose daughter was treated at Bader 5 at Children’s Hospital.
The lawsuit states that throughout 2011, the girl’s parents struggled to find a diagnosis for their daughter’s condition after taking her to several doctors.
In May 2012, her parents brought her to Children’s. In June 2012, doctors told the parents they intended to place the girl in Bader 5, and had obtained a temporary court order to do so.
The hospital providers threatened to use DCF to remove custody longer term from the mother and father if they did not consent to the inpatient treatment at Bader 5,” the lawsuit states."
Meanwhile, the Pelletiers have complied with HHS Secretary Polanowicz reunification plan, (which, ironically, called upon them to do the very things which they had been doing on behalf of their daughter prior to her being taken by MA) and their attorneys have filed a motion for Judge Johnston to revoke his original ruling, so that Justina may be released home immediately. However, the judge continues to stall and delay, saying that he will give two weeks for DCF to respond, then apply for a future hearing.
Justina has been in locked down facilities for almost sixteen months, and spent both her fifteenth and sixteenth birthdays under MA-DCF's continued control. A response from DCF is being awaited by family and Justina's support community of friends and advocates.
The question arises, why has this pattern emerged again and again at Boston Children's - threatening parents that they must comply with their recommended treatment for psychological problems, or lose custody of their child? This latest case, according to various reporting agencies, makes the sixth such known one at the facility.
For more about Justina Pelletier's case, check the blog section of the Patch for Justina news and articles.
For the full story of this latest case, click on the link below: