Parents claim Massachusetts took teen over gender identity despite court records alleging abuse
Person with Transgender Pride Flag (Getty Images)
A Massachusetts family’s claims that the state took their transgender teenager into custody because they would not affirm his gender identity have been complicated by court records detailing assault and witness-intimidation charges involving the child.
Joseph and Arlene Kutzko have taken their case to conservative media outlets, arguing that their child was removed from their home because they opposed his gender transition and that Massachusetts officials have since facilitated gender-affirming care against their wishes.
But records from Westborough District Court show that both parents faced criminal charges connected to allegations involving their child. Gov. Maura Healey has also directly disputed the suggestion that DCF removed the teenager because of a gender-affirming care or health issue.
“Let me be clear about the facts in that matter,” Healey told reporters this week. “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.”
What do the court documents allege?
According to court records reviewed by WBUR, Joseph Kutzko was charged after his then-15-year-old child reported an incident at the family’s Southborough home in January 2025. A police report alleges that Kutzko punched the child in the shoulder with a closed fist and pulled the child’s hair several times.
The report also describes alleged threats, including an incident in which Kutzko allegedly raised a clenched fist and threatened to punch the child. It further states that he threatened to kill the child over not singing in tune during a birthday celebration. Kutzko pleaded not guilty to the charges.
The following day, the teenager went to a school counsellor, who contacted police. Joseph Kutzko was subsequently arrested.
The child’s mother, Arlene Kutzko, was later charged with witness intimidation. Police allege that she sent messages to the teenager telling them to tell the school they had been “exaggerating and being stupid” and warning that they needed to resolve the situation or their parents would become angry. She also allegedly instructed the child to delete the messages.
The charges against the parents have not resulted in convictions. A judge agreed in December 2025 to dismiss Joseph Kutzko’s charges if he complied with conditions including anger-management classes, a restraining order and staying away from his child. Arlene Kutzko was likewise subject to a restraining order, with the conditions remaining in place until December 2026.
The Kutzkos’ attorney, Vernadette Broyles, has argued that the criminal allegations do not explain why the teenager remains in DCF custody and has suggested that gender transition is the real issue behind the case. However, some court records involving the minor remain sealed, meaning the full details of the underlying DCF proceedings are not publicly available. A hearing is scheduled for 29 October.
How schools and DCF fit into the case
The family has also accused staff at Algonquin Regional High School of secretly supporting the teenager’s gender transition without informing the parents. They say school counsellors exposed their child to LGBTQ+ topics that conflicted with their Catholic beliefs and allowed the student to use a different name and pronouns at school.
School officials have rejected the parents’ characterisation of what happened. Gregory L. Martineau, superintendent of the Northborough and Southborough public schools, said the district “aggressively and unequivocally denies” their claims. He also pointed to Massachusetts’ mandatory-reporting requirements for school employees, which require educators to report suspected abuse or neglect to DCF and notify law enforcement about certain injuries or allegations.
The case has nevertheless become part of the wider US political fight over parental rights and transgender students. On September 17, the US Department of Education announced an investigation into the Northborough-Southborough school district over allegations that school officials facilitated the teenager’s gender transition without the parents’ knowledge. The investigation will examine potential violations of federal student-privacy laws.
Massachusetts law does provide substantial protections for gender-affirming care. State law says that allowing a child to receive or seek gender-affirming healthcare cannot itself be used as a basis for a finding of abuse, neglect or maltreatment, unless the parent’s conduct would otherwise meet Massachusetts’ definition of abuse or neglect.
DCF also has a formal policy governing consent for gender-affirming medication for minors in its custody. State materials say the agency is responsible for reviewing such treatment when a child is in its care, while DCF has also maintained LGBTQ-inclusive policies concerning transgender youth.
That does not establish that the teenager is receiving testosterone or other gender-affirming medication. Healey said she could not comment on whether DCF is assisting with the teenager’s transition, and WBUR reported that it remains unclear whether the teenager is following a doctor’s recommendation or what contact, if any, the parents have had with the medical team.
The teenager, who is now 17, has also sought legal protection from their parents. According to the reporting, the child filed for a restraining order after nearly a year in DCF custody.
