In a heart-wrenching case that has raised questions about parental rights, a Montana family finds themselves in the midst of a legal battle after their 14-year-old daughter expressed interest in undergoing a gender transition. Todd and Krista Kolstad, the parents of the teenager, known as “Jennifer” (whose name has been changed for privacy), are grappling with the loss of custody over their child. Their struggle has ignited a fierce debate within the state, with Governor Greg Gianforte’s office standing behind the Child and Family Services (CFS) workers involved in the case.
The saga began in August 2023 when CFS received a call indicating that Jennifer had voiced suicidal thoughts at her school. A CFS caseworker promptly arrived at their doorstep to assess the situation. Jennifer’s parents vehemently opposed her gender identity exploration, citing their values, morals, and religious beliefs. Despite the absence of any related symptoms or evidence of toxin consumption during her hospital stay, Jennifer’s identification as male and her preference to be called Leo emerged during this period. Her parents’ objections fell on deaf ears, as they watched their authority erode within the medical system.
The situation took a perplexing turn when Jennifer was transferred to a specialized residential care facility in Wyoming, against her parents’ wishes. They were deeply concerned that she would receive gender-affirming care without their consent, as Wyoming permits minors to access such services independently. Krista Kolstad recounted the shocking moment when officials arrived at their home with court papers, alleging that the Kolstads were “unable or refusing to provide medical care.” This assertion, they insist, could not be farther from the truth.
Jennifer eventually returned to a youth facility in Montana in September, only to have the court grant custody to CFS earlier this month. The court’s decision hinged on the belief that allowing Jennifer to transition and live as a boy was in her “therapeutic best interest.” The Kolstads, in their fight to uphold their values and parental rights, lamented the shattering impact this has had on their family. Their limited contact with Jennifer and the perceived infringement on their parental rights have left them in a state of turmoil.
Adding to their distress, Jennifer is now slated to be placed with her biological mother in Canada, with whom she shares a distant relationship. The Kolstads express grave concerns about her mother’s ability to provide suitable care for Jennifer during this critical period of her life.
Governor Greg Gianforte’s office has rigorously reviewed the case and asserts that state policies and laws have been scrupulously followed. Lieutenant Governor Kristen Juras, a seasoned attorney and constitutional conservative, personally examined the case documents and found no discrepancies in the handling of the situation by the Department of Public Health and Human Services (DPHHS) and the court.
In a statement, Governor Gianforte’s office clarified that the state’s primary role is not to remove minors from their homes to provide gender transition services or to use public funds for such services without parental consent. Child Protective Services’ mission remains to protect children at risk of abuse, neglect, or abandonment. The Governor has taken steps to ensure that parental rights to refuse gender transition services to their minor children will be explicitly safeguarded in state policy.
As this emotional legal battle unfolds, it poses essential questions about the balance between parental rights and the well-being of a child navigating a gender transition. The Kolstads’ ordeal serves as a poignant reminder of the complex and deeply personal issues surrounding this contentious topic, with no easy answers in sight.
