25 Investigates is following up on the case involving a Department of Children and Families foster child at the center of an ongoing custody dispute.
The case could result in the American 8-year-old girl being sent to live with her father in Guatemala.
Her former foster parents have raised concerns about the father, noting he was twice deported and never had custody of the child while she lived in the United States.
Court records also show the father has open criminal cases in Massachusetts. The case is currently tied up in federal court. DCF has not responded to questions from 25 Investigates.
To provide legal context, First Juvenile Justice of Worcester Carol Erskine joined Kerry Kavanaugh on Boston 25 News Now.
Erskine reviewed the judge’s order placing the child with her father outside the country and discussed what stood out to her after decades on the bench.
The conversation also focused on whether DCF should be required to confirm a receiving parent’s criminal history or pending charges before placing a child in their care.
Additionally, Erskine addressed concerns raised by 25 Investigates reporting that the father was 29 years old when the child was born and the mother was 15.
While the relationship was never investigated and no charges were filed in connection with that age difference, Erskine discussed whether such circumstances would raise red flags from a judicial perspective.
The federal case remains unresolved as questions persist about oversight, safety and accountability in cross-border child custody decisions involving the state.
25 Investigates reached out to the Office of the Child Advocate about the case. The OCA wouldn’t comment on specific details.
But a spokesperson sent Boston 25 a statement.
“If the person who resides in another country is a parent, then it is important to note that all parents have a natural right to custody of their children, and that this does not change based on their immigration status or nationality. Courts must make efforts to allow any parent living outside the United States the opportunity to meaningfully participate in court proceedings. If the Court sought to place a child with a parent or guardian outside of the country, it is likely that the Court would require (or attorneys may argue for) a home study to be completed by local authorities in the other country or by an organization certified to complete international home studies.”
— Spokesperson for OCA
This is a developing story. Check back for updates as more information becomes available.
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