SOUTHBOROUGH, Mass.- A Southborough family is involved in an ongoing custody dispute with the Massachusetts Department of Children and Families over their teenage daughter, with the case involving allegations of physical abuse and a dispute over the child’s gender identity.
Joseph and Arlene Kutzko say DCF has maintained custody of their daughter and, according to their account, facilitated her gender transition against their wishes.
The dispute has received national attention, with the Kutzkos publicly discussing their case and their attorney challenging the state’s handling of the custody proceedings.
According to court documents cited by WCVB, Joseph Kutzko was arrested and charged with assault after being accused of punching his daughter with a closed fist in the shoulder and pulling her hair. Kutzko denies the allegations.
The charges are expected to be dropped in December if he complies with conditions that include completing an anger management course and having no contact with his daughter.
The Kutzkos said their daughter reported feeling unsafe after speaking with a counselor at Algonquin Regional High School. DCF subsequently removed the teenager from the home.
Vernadette Broyles, president and general counsel of the Child and Parental Rights Campaign and an attorney for the Kutzkos, said the state can retain custody while a court considers whether parents are unfit, but argued that the case has continued beyond the expected timeframe.
Broyles also alleges that DCF has facilitated the teenager’s gender transition while the custody case has continued. The Kutzkos, who are Catholic, say the state’s actions conflict with their religious beliefs and constitutional rights.
Joseph Kutzko said his daughter never expressed to him or Arlene that she wanted to change her gender.
The dispute also involves allegations concerning testosterone treatment. Broyles said a juvenile court ordered DCF to stop efforts to provide testosterone to the teenager.
According to Broyles, DCF had characterized providing testosterone at high doses to a female as “ordinary care.”
Gov. Maura Healey offered a different explanation for the child’s removal when asked about the case.
“This child was not removed for a gender-affirming care issue; the child was removed by DCF following the presentation of criminal charges against the parents,” Healey said, according to WCVB.
The Kutzkos say their relationship with their daughter has been deeply damaged by the custody dispute. Their daughter is now 17 and turns 18 in April.
The Northborough-Southborough Public Schools district has denied allegations made by the parents concerning the school system.
Superintendent Gregory Martineau said student safety and security remain his highest priority. In a statement, he said the district was aware of claims made by the parents about a child who formerly attended one of its schools and “unequivocally denies” those claims.
The district said the allegations were made in a recent national media podcast and described them as “baseless” and harmful to the child identified in the report.
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