Hmmm, it looks like those darn activist judges are once again basing their actions on case law and common sense. Thursday, Palm Beach County Juvenile Court Judge Ronald Alvarez slammed DCF for their handling of a 13 year-old foster child, and though he seems sympathetic to the girl’s case, he has put off a ruling pending an appellate court decision on whether or not he has any authority in the case.
She has been under the state’s care for some time. She ran away from a state home and got pregnant. DCF didn’t even bother to go looking for her, but now they want to step in and force the kid to give birth. Again, she’s 13. The DCF is claiming, with a straight face, that it would behoove her to bear a child rather than obtaining a safe abortion.
Now, the DCF has no more rights in this case than those of a natural parent, and Florida courts have ruled over and over again that a parent cannot prevent a minor from obtaining an abortion.
A judge said Thursday he was outraged that the Florida Department of Children and Families did not do more to prevent a 13-year-old foster child from getting pregnant.
Before rushing into court to stop her from having an abortion, Palm Beach County Juvenile Court Judge Ronald Alvarez said, the state should have done more to get her off the streets. He discovered during a Thursday hearing that the girl has run away from state homes at least five times and was gone for a month when she became pregnant early this year.
The Department of Children and Families failed to even notify the court that she was gone so police could try to find her, Alvarez said.
“To say I am angry is an understatement,” he said.
Alvarez held a hearing Thursday in Palm Beach County Juvenile Court to determine whether the girl, identified in court records as L.G., might be physically or emotionally harmed by an abortion.
But Alvarez said he will wait to rule on whether she can go ahead with the abortion until the 4th District Court of Appeal decides whether he has any authority in the case. The American Civil Liberties Union and the Legal Aid Society of Palm Beach County believe that any court or state involvement violates L.G.’s constitutional right to choose.
The appeals court said Thursday it will move quickly on the case. The state has five days to submit its brief, and the ACLU and Legal Aid will have three days to respond. The girl is in her second trimester of pregnancy, her lawyers said, and an abortion will become more risky as time passes.
The ACLU believes this is another case of Florida leaders meddling in private lives and trampling the law to push a pro-life ideology. Critics of the state’s intervention compared the case to Gov. Jeb Bush’s attempts to block Terri Schiavo’s husband from removing her feeding tube and to his attempt in 2003 to appoint a guardian for the fetus of a severely disabled woman raped in state care.
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DCF has declined comment on who made the decision to stop the abortion.
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L.G. has been in foster care for at least four years, since she was taken away from her parents for abuse or neglect. Caseworkers haven’t been able to find any families willing to adopt her, DCF attorney Jeffrey Gillen said Thursday in court.
L.G. has run away from several state homes and got pregnant during one of those periods 14 weeks ago, according to court testimony.
Two weeks ago, at a doctor’s appointment, she found out she was due to have a baby. She then told her caseworker with the Children’s Home Society, which runs some Palm Beach County foster care programs under contract with the state, that she wanted to end the pregnancy.
The caseworker drove her to the Presidential Women’s Center in West Palm Beach on April 22. There, she got an ultrasound and spoke with a health worker about her options.
The Women’s Center scheduled another appointment for Tuesday, when the girl would have a longer counseling session and then the abortion, Director Mona Reis said. “She was very vocal about wanting to end the pregnancy,” Reis said.
But the morning of that appointment, the Children’s Home Society called L.G. to tell her that the appointment was off. DCF went to court with an emergency motion asking Alvarez to stop the abortion.
Alvarez held a preliminary hearing the same day.
Legal Aid attorneys said the girl should have a right to end the pregnancy without delay.
The judge asked a court psychologist to evaluate the girl and for both sides to present evidence on whether she could be physically or emotionally harmed by ending the pregnancy or giving birth.
Lynn Hargrove, the court psychologist who met with L.G. under Alvarez’s order, determined she did not have any mental problems. The girl may have a mild mood disorder, she told the court Thursday, but nothing that would cloud her thinking.
“Her main concern seemed to be that she had to be at the evaluation,” Hargrove said. “She was frustrated at the delay.”
Hargrove said she reviewed research on the psychological effects of an abortion and found that teens have no greater risk of emotional problems after an abortion than adults. Women who have had abortions do not seem to have more trouble with depression or post-traumatic stress disorder than the general population, Hargrove said.
Ethelene Jones, a retired obstetrician/gynecologist who has held leadership roles with Planned Parenthood and the ACLU, testified that legal abortions are safer than pregnancy and childbirth.
At the girl’s age and stage of pregnancy, her chances of dying from an abortion are 1 in 34,000. The chances are 1 in 10,000 that she would die while carrying the baby to term, Jones said.
DCF called only one witness at the hearing. DCF attorney Gillen asked Francis X. Crosby, a child psychologist from Boca Raton, to talk about a disorder called post-abortion syndrome.
Though considered valid by some researchers and pro-life supporters, the syndrome is controversial. Crosby testified that it is not recognized by the American Psychiatric Association or the American Medical Association.
“So far the research is still questionable,” Crosby said.
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At the end of Thursday’s hearing, Alvarez cleared attorneys, reporters and onlookers from the courtroom.
The 13-year-old was whisked inside through a side door to protect her privacy. She met alone with Alvarez and her court-appointed guardian.
Attorneys for the state and Legal Aid wrote their questions for the girl on notebook paper outside the courtroom. A bailiff then passed their handwritten notes to the judge.
They asked if she wanted a baby. L.G. said she does not, Alvarez said. She said she is only 13. She can’t get a job to support a child.