Court Grants ACLU Request To Expedite Appeals Process in Case of 13-Year-Old Florida Foster Child Denied an Abortion

Main Category: Abortion
Article Date: 03 May 2005 - 9:00 PDT


Florida's 4th District Court of Appeal on Thursday granted a request by the... American Civil Liberties Union of Florida and the Legal Aid Society of Palm Beach County to expedite the appeals process concerning a scheduled abortion procedure for a 13-year-old Palm Beach County, Fla., foster child, the South Florida Sun-Sentinel reports (Abbady et al., South Florida Sun-Sentinel, 4/29). The girl, known as L.G. in court documents, has been in foster care for about four years. After learning of her pregnancy about two weeks ago and undergoing counseling, the girl told her caseworker that she wanted to have an abortion, which the caseworker had scheduled for April 26. However, DCF filed an emergency motion to halt the procedure, arguing that the girl is too immature to make an informed decision and that the agency has the authority to prevent the abortion from taking place. The girl's attorneys argued that the state's privacy law gives minors the right to decide if they want an abortion. Florida Juvenile Court Judge Ronald Alvarez last week granted DCF's motion, ruling that the state should evaluate the medical and emotional risks associated with L.G. having an abortion or carrying the pregnancy to term. The organizations on behalf of L.G. then filed an emergency appeal of Alvarez's decision in the 4th District Court of Appeal, saying that neither DCF nor the court had a right to intervene in the case. They also asked the court to act quickly on the issue because abortion procedures become more risky the later in pregnancy they are performed (Kaiser Daily Reproductive Health Report, 4/28). L.G. is already in her second trimester of pregnancy, according to her attorneys.

Details, Hearing
In granting the expedited appeals request, the appeals court last week said it would "move quickly" with the case, the Palm Beach Post reports. The state has five days to submit its brief, and the two organizations will have three days to respond. Alvarez on Thursday held a hearing in juvenile court to determine if L.G. would be physically or emotionally harmed by an abortion. Lynn Hargrove, a court psychologist who evaluated L.G., at the hearing said there was no evidence of any mental problems and that research showed teens have no greater risk of emotional problems following abortion than do adults. Ethelene Jones, a retired OB/GYN who has worked with Planned Parenthood Federation of America and the ACLU, testified that legal abortions are safer than pregnancy and childbirth. Francis Crosby, a child psychologist testifying for DCF, said that preliminary studies have shown women with a history of psychiatric problems may be at a higher risk of emotional harm following an abortion. DCF's attorneys attempted to enter evidence of former psychiatric evaluations showing L.G. has a history of psychological and behavioral problems, but Alvarez would not accept the evidence, agreeing with a Legal Aid objection that the reports were "outdated and irrelevant," according to the Post.

Alvarez Criticizes DCF
Also at the hearing, Alvarez said he was "outraged" that DCF did not do more to protect the girl, according to the Post. According to testimony, L.G. has run away from state homes at least five times and had been missing for about one month when she become pregnant earlier this year. DCF did not notify the court that L.G. was missing, so police could did not try to locate her. Before stopping her from having an abortion, the state should have tried to "get her off the streets," according to Alvarez, the Post reports. "To say I am angry is an understatement," he said. He declined to rule on the case until the appeals court decides if he has authority in the case. ACLU of Florida and the Legal Aid Society have said that court or state involvement in the case violates L.G.'s constitutional right to an abortion. Florida Gov. Jeb Bush (R) has "stayed mostly silent on the case" despite "his strong feelings against abortion," the Post reports. "This is a matter that's being decided by the courts, and DCF is acting in the best interests of the child," Bush spokesperson Jacob DiPietre said (Chapman, Palm Beach Post, 4/29).

ABCNews' "World News Tonight" on Friday reported on the case. The segment includes comments from state Reps. Susan Bucher (D) and John Stargel (R), as well as ACLU of Florida Executive Director Howard Simon (Kofman, "World News Tonight," ABCNews, 4/29). A video excerpt of the segment is available online in RealPlayer.

NPR's "All Things Considered" on Friday also reported on the case. The segment includes comments from Linda Bell of Florida Right to Life, ACLU of Florida attorney James Green and Andrea Moore, executive director of the children's rights organization Florida's Children First (Lohr, "All Things Considered," NPR, 4/29). The complete segment is available online in RealPlayer.

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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