Mass State Representatives Lyons and Lombardo Call On DCF to Free Justina

Representatives Marc Lombardo (R-Billerica) and Jim Lyons (R-Andover) have begun circulating a Resolution of the House of Representatives calling for the Department of Children and Families to begin the process of releasing Justina Pelletier to the custody of her parents.

“The self-stated goal of the Department of Children and Families is to strengthen the link between families. Removing a child from her family is reserved for only the most egregious circumstances where evidence of malicious intent, negligence or the blatant inability to care for the child is present. No such findings are present in this case,” said Representative Lombardo.

“The Pelletier case is a dispute between conflicting medical opinions,” commented Representative Lyons. “In my opinion, the decision on which medical treatment to adopt should rest with the parents, not with DCF. The Department’s heavy-handed, unjustified interference with the rights of these parents is an example of what is wrong with this agency.”

The Resolution, which has thus far gathered support from Representatives on both sides of the aisle, is intended to be offered at the next formal session of the Massachusetts House of Representatives.

The text of the resolution is after the jump.

Acknowledging

Serious Concerns regarding DCF’s handling of the Justina Pelletier Case

WHEREAS, Lou and Linda Pelletier are the parents of Justina Pelletier and have provided a loving home for their children and in good faith and at the direction of the Chief of Metabolism at Tufts Medical Center, Mr. & Mrs. Pelletier have spent several years treating their daughter for Mitochondrial disease and;

WHEREAS, for the last twelve months Justina Pelletier has been in the care of the Department of Children and Families and her medical condition has deteriorated, and;

WHEREAS, the Department of Children and Families has a stated goal of strengthening the link between families, and government removing children from their parents should occur only in extreme cases where malicious intent, neglect, or the blatant inability to care for the child is present, and;

WHEREAS, there has been no finding of malicious intent or blatant inability of the Pelletiers to care for their daughter Justina, and;

WHEREAS, the Massachusetts House of Representatives has serious concerns about the removal of Justina Pelletier from the custody of her family and concerns over the process that led to the breaking up of this family; THEREFORE, BE IT

RESOLVED, the members of the Massachusetts House of Representatives strongly encourage the Department of Children and Families to immediately release Justina Pelletier from their custody and reunite her with her parents AND BE IT FURTHER

RESOLVED, THAT A COPY OF THESE RESOLUTIONS BE FORWARDED BY THE CLERK OF THE HOUSE OF REPRESENTATIVES TO THE DEPARTMENT OF CHILDREN AND FAMILIES.

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