DOJ weighs in on Massachusetts child custody, gender transition Supreme Court battle

Tim Dunn, Boston Herald on Sep 18, 2026

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BOSTON — The Justice Department threw its support behind parental rights as the U.S. Supreme Court weighs a Massachusetts child custody battle in which parents say state authorities took custody of their teenage daughter after they refused to allow a medical gender transition.

Joseph and Arlene Kutzko continue a nearly two-year legal battle with Department of Children and Families to regain custody of their 17-year-old daughter, Sophie, and to stop Massachusetts officials from medically transitioning her to a male.

The Kutzkos say the state took custody of Sophie when she was 15 years old, in December 2024, after they would not recognize her as a boy or call her by male names and pronouns. They say the state has issued a permanent restraining order against them.

They say Sophie’s high school — Algonquin Regional High School, in Northboro — initiated the process without their knowledge.

“Parents should NEVER be kept in the dark about transgender-related medical decisions involving their children,” the DOJ said in a statement posted to social media. “When the state tries to step in between parents and their children, parents deserve their day in court to challenge that attempt to undermine their basic parental rights.”

The DOJ’s brief focuses on a lawsuit out of the state of Washington, where petitioners are suing Democratic Gov. Bob Ferguson over a state law allowing state officials to make medical referrals for minors when the child asks, regardless of parental consent.

“The question presented is whether parents who object to a scheme that displaces their control over the medical care their child may access have standing to challenge such a scheme,” the DOJ said.

“The United States has a strong interest in protecting the rights of parents over the care, custody, and control of their children — including with respect to what medical care those children may have access to or receive. The United States also has a strong interest in ensuring that proper parties can sue to enforce those parental rights, and that improper parties cannot invoke the jurisdiction of the federal courts,” it continued.

The legal filing also comes as the U.S. Education Dept. launches an investigation into the Northboro-Southboro School District to determine if the district violated the Protection of Pupil Rights Amendment (PPRA) and the Family Educational Rights and Privacy Act (FERPA).

The school district says it’s aware of the federal probe. It said in a Thursday statement that it “welcomes and will cooperate fully with any authority investigating this matter.”

Gov. Maura Healey defended DCF when asked about the case by reporters on Tuesday, saying the Kutzkos’ claims are “incorrect,” adding that Sophie was taken by the state due to criminal charges brought against them.

“Let me be clear about the facts in that matter. First of all, DCF did not remove the child because of a health issue or a gender-affirming care issue. DCF removed the child after there were criminal charges filed against the parents, including the father,” Healey said.

The Kutzko’s attorney, Vernadette Broyles, told the Herald that Healey is misrepresenting the truth and that no criminal charges stand against the parents.

Court documents obtained by the Herald indicate Sophie accused Joseph of allegedly punching her, pulling her hair, and threatening to kill her. The allegations led to no criminal finding against the Kutzkos after reaching a non-guilty disposition with prosecutors.

Those allegations led to no finding of guilt in both juvenile and criminal court in February 2025, with the Kutzkos reaching a non-guilty disposition with prosecutors. Broyles says the Kutzkos reached this agreement after their legal fees exceeded $150,000, resulting in a pre-trial probation. She says the probation set on the Kutzkos will be lifted after one year as long as they commit no crimes during that period.

Broyles says a restraining order still stands against the parents after an unidentified adult allegedly assisted Sophie in obtaining a restraining order against them after she had been in state custody for nearly a year.

“Parenting belongs to parents — not the state. And when the state tries to seize the role of a parent, parents should be able to sue to defend their constitutional right to decide how best to raise their own children,” the DOJ said.

The Kutzkos will next be in court on October 29.

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