Pelletier Family Files Habeas Corpus to Free Justina

Apr 14, 2014

LC.org

Today, Linda and Lou Pelletier filed a Habeas Corpus pleading with the Massachusetts Supreme Judicial Court. The Petition is filed to a single Justice of the court. The detailed Petition and Memorandum of Law requests that Justina be released from the Massachusetts Department of Children & Families (DCF) and be returned to the custody of her parents, Lou and Linda Pelletier. On March 25, 2014, Suffolk Juvenile Judge Joseph Johnston ruled that the custody of Justina will remain with Massachusetts DCF.

The Petition argues that DCF has no authority to hold Justina and that DCF’s actions violate the constitutionally protected rights of parents. Among other things, the Petition also argues that the requirement to issue detailed written findings of fact and conclusions of law justifying DCF’s intervention has never been met. Never has the juvenile court issued such required findings of fact or conclusions of law.

This case comes down to the simple fact that new doctors at Boston Children’s Hospital (BCH), who had no experience with Justina, came up with a different diagnosis than her expert treating physicians at Tufts Medical Center. The state cannot take children from their parents when the parents make reasonable choices for their medical care. This case is outrageous. The psychological experiment of Boston Children’s Hospital, under the sanction of DCF, has miserably failed. Justina has gone from a competitive figure skater to being confined to a wheelchair.

Massachusetts DCF has no right to hold Justina captive. This is unacceptable. Continue to pray that Justina returns home.

Read our news release for more details and then head over to our Facebook page to let us know what you think. 

 

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