Posted on 04/28/2005 8:00:15 PM PDT by nickcarraway
MIAMI, April 28, 2005 (LifeSiteNews.com) - Department of Children & Families (DCF) in Palm Beach County, Florida, is asking a judge to block the request of a 13 year-old girl in their care to have an abortion. The girl’s lawyers are arguing that under state law, a minor has the right to decide for herself if she will abort her child. The girl, who cannot be named except for her initials, “L.G.,” is in the custody of the DCF who claim that at thirteen she does not have the maturity to decide.
On Thursday, Judge Ronald Alvarez, ordered a temporary stay on the abortion and has ordered psychological evaluation for the girl. Her lawyers have appealed the stay.
“The Department of Children & Families is acting in accordance with what we believe is in the best interest of the child,” said Zoraya Suarez, a spokesman for the DCF. “If a child in our care requires any procedure that is prohibited by Florida statute, we cannot consent to that procedure.”
In 1989, the Florida Supreme Court struck down on privacy grounds, a statute that required parents to be informed when a minor wanted an abortion.
Obvious question: 13 year-old mother, the dad is whom??
I haven't seen it before though.
The article doesn't give any info about Florida statute. Does FL say a minor has this right? Can anyone in their right pea-brain think 13 years old is the age of consent, either consensual sex or a consensual abortion?
And where did the girl's lawyers come from. State appointed? ACLU appointed?
So don't read it again, and again, and again.
What is the "parental notification" posture of Florida? The DCF is effectively the parent, and it may be that the 13 year old is not obliged to inform the DCF.
It said in the article:
In 1989, the Florida Supreme Court struck down on privacy grounds, a statute that required parents to be informed when a minor wanted an abortion.
What is the "parental notification" posture of Florida? The DCF is effectively the parent, and it may be that the 13 year old is not obliged to inform the DCF.
July 14, 2003The FL legislature passed, in the past few weeks, a new parental notification law.Florida Supreme Court Overturns Parental Notification Law According to the Feminist Majority - The Florida Supreme Court on Thursday overturned a law requiring physicians to notify a teenager's parents before performing an abortion, ruling that it violates young women's right to privacy with no compelling state interest.
http://womensissues.about.com/b/a/008385.htm
The Florida Senate Judiciary Committee on Wednesday approved 7-1 a measure... (SB 1908) that would require doctors to notify the parent or legal guardian of a minor seeking abortion at least 48 hours in advance of performing the procedure, the Orlando Sentinel reports (Kassab, Orlando Sentinel, 4/7).http://www.medicalnewstoday.com/medicalnews.php?newsid=22618
I blew right past that. Thanks for pointing it out. Probably worked out for the better though, since looking for information turned up a 2003 SCOFLA case, as well as 2005 legislative activity.
If there is no compelling state interest in requiring parental notification, how does the DCF justify its intrusion into the pregnant person's business?
Not entirely sure. Here is what the article says:
“The Department of Children & Families is acting in accordance with what we believe is in the best interest of the child,” said Zoraya Suarez, a spokesman for the DCF. “If a child in our care requires any procedure that is prohibited by Florida statute, we cannot consent to that procedure.”
Not sure what that statute is.
Me neither. I haven't looked that far, and probably won't. Obviously, privacy is BS in this case since everybody knows the situation and what is going to transpire. But her lawyers are arguing before a judge that her best interests will be effected if she gets her way. Is the DCF going to force her to carry the baby to term?
Sad case, to be sure. Poor kids -- both of them, the 13 year old and the baby.
The girl's lawyers are arguing that under state law, a minor has the right to decide for herself if she will abort her child.
I am interested to read the rationale that comports with earlier Florida court decisions. It has to come fairly quickly.
Same subject is being discussed
http://www.freerepublic.com/focus/f-news/1393753/posts <- Here.
Just in case you are still following or interested.
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