Despite US citizenship, Mass. foster child could be sent to live in Guatemala
Editor's note: This article was updated at 5 p.m. Saturday to clarify that the child's mother is a U.S. citizen.
An 8-year-old U.S. citizen in the custody of the Massachusetts Department of Children and Families could be sent to live in Guatemala because of her biological parent's undocumented status, a move advocates say could happen without adequate oversight.
The 8-year-old was born in the U.S. when her mother, a U.S. citizen, was only 15. She was unable to care for the child, according to court documents and a GoFundMe created for the girl. Her biological father, an undocumented 29-year-old, was deported to Guatemala shortly after the 15-year-old became pregnant.
"He has never lived with (the 8-year-old), never had custody of her, and did not contribute to her care," the GoFundMe reads.
The court documents and GoFundMe did not identify the 8-year-old but referred to her as S.R.C.
The 8-year-old has been in foster care in Massachusetts since she was a toddler. She only speaks English, is a U.S. citizen and has only ever lived in the U.S.
She also has "significant medical, emotional, and educational needs that require consistent, trauma-informed care," the GoFundMe states.
Her biological father re-entered the country briefly but was still undocumented. During this time, he had supervised visits with the girl, according to court documents. He had hoped to gain custody of his daughter, court documents state.
On May 24, 2024, DCF changed S.R.C.'s permanency goal from adoption to reunification with her father. But he was deported by Immigration and Customs Enforcement (ICE) again in 2024. He did not have custody of the child during this time.
"Because biological dad never had custody or caregiving responsibility for this child, the Massachusetts Department of Children and Families (DCF) has never fully investigated allegations of abuse or neglect against him," the GoFundMe reads.
Still, DCF continued working to send the child to Guatemala with her father. On Aug. 26, 2025, DCF, the foster father and a family friend of the foster family went to a court hearing regarding the placement of the child.
"DCF proposes to send her to live with her biological father, a man she does not know, who does not speak her language, and who has never parented her," the GoFundMe states.
And this isn't uncommon, the girl's lawyer, Kirsten Zwicker, said.
"In looking at this occurrence, I had thought to myself perhaps this was a one-off, a unique circumstance with perhaps an impassioned DCF worker. But I am told that this does happen routinely," Zwicker said.
On Sept. 8, 2025, the Lynn Juvenile Court granted permanent custody of S.R.C. to her biological father. And the Lynn Juvenile Court directed DCF to transition S.R.C. to the man's custody in Guatemala.
A legal team is working in federal court to stop DCF from "quietly removing" the child to a foreign country without federal oversight or protection.
"We believe DCF should protect American kids like S.R.C. from dangerous removals, but DCF should also be held accountable when they don't," the GoFundMe states.
On Sept. 19, 2025, a complaint was filed on behalf of S.R.C. in federal court claiming that DCF's international transportation of the girl violated her rights under the Citizenship and Equal Protection Clauses, and her procedural and substantive due process rights.
The complaint was filed by on C.'s prior foster father and Jennifer Lee Laurenza, a friend of the foster family and licensed therapist, according to court documents. The foster family had once hoped to adopt the child. DCF has since removed her from the family's home, where she had lived for years.
"They're devastated," Zwicker said of the former foster family. "This was a wonderful relationship. They saw her as their daughter. She would refer to them as mommy and daddy."
In December, the child's biological father filed a motion stating the foster family did not have legal standing. And on Jan. 9, United States District Judge Angel Kelley ruled to dismiss the foster family's motion.
The decision requires DCF to comply with the court orders and send her to live with her biological father.
In the court documents, it is presented as a "state-initiated custody proceeding." However, Zwicker disagrees.
"To be clear, this is not a custody case," she said. "Our issue has been and continues to be with the action of a state agency effectively expelling U.S. Citizens to another country without any federal oversight. And we're challenging the constitutionality of that."
She also takes issue with the court documents presenting the situation as reuniting a father with his daughter.
"He's never had physical or legal custody of this child. He's had a handful of visits," Zwicker said.
The girl's lawyer filed an appeal on Friday. The 8-year-old is currently still in the U.S., but her lawyer knows that could change at any point.
"She's not just merely getting on a plane and accompanying her parents someplace else," Zwicker said, later adding, "We are all putting all our efforts into this to see it through until the end."
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