BOSTON, May 7, 2014—The attorneys for Justina Pelletier’s family have issued a response to HHS Secretary Polanowicz’s proposed reunification plan. While supportive of commitment to reunifying Justina with her family as soon as possible, attorneys for the Pelletiers are concerned that the reunification plan leaves serious ambiguities unanswered.
Attorneys Staver and Moran note that, contrary to claims made in the reunification plan, it has always been in DCF’s power to release Justina: “If DCF walked into court tomorrow morning and informed the court that DCF no longer objected to a return of Justina to her loving parents in Connecticut, this case would be closed within hours. Moreover, the DCF regulations explicitly state that DCF ‘does have the option to close cases by administrative decision without court action’ even if their custody is based on a court order.”
The reunification plan also required that the Pelletiers “Follow through with the Tufts Medical Center Plan,” which is exactly what the Pelletiers tried to do before Boston Children’s Hospital seized custody.
The Pelletiers “have consistently been denied any information about Justina’s medical condition by DCF,” said Staver and Moran. “DCF has even ignored Judge Johnston’s approval of all parties’ agreement that Tufts supervise and direct Justina’s medical care.”
The letter also raised questions about Justina’s inability to return to West Hartford Schools and the decision to move Justina to the behavioral issues wing of the Susan Wayne Center for Excellence in Connecticut, under Massachusetts DCF supervision.
“Given that nearly 15 months have passed since Justina was removed from her parents’ custody, DCF’s past history in this case elicits serious concerns about the lack of specific timelines,” said Staver and Moran. “If these concerns can be adequately addressed, the Pelletiers believe that significant progress can be made toward the resolution of Justina’s medical needs, and the return of Justina to Connecticut and to her loving family.”
Reverend Patrick Mahoney, family spokesperson for the Pelletiers, said: “While we are thankful for Secretary Polanowicz’s recent personal involvement and public statements committing to getting Justina home to the Pelletiers, we believe addressing the issues raised in this letter can make the reunification process much smoother for Justina and her family. We hope DCF responds accordingly so that we can plan to get Justina home as soon as possible.”
To read the letter from the Pelletier family attorneys in its entirety, contact:
Rev. Patrick Mahoney at (540) 538-4741