I don't see any difference between the ACLU trying to make the decision for her, or DCF trying to make the decision for her. Neither entity has any legal standing to make the decision, except that if doctors determined that continuing the pregnancy posed a serious threat to the girl's health, then DCF would be required to see to it that she got the abortion, just as they have a legal duty to make sure she receives any other necessary medical treatment.
Under Florida law, she has the right to choose an abortion even if her parents object. The notion that DCF has greater rights over a child that even custodial parents would have is bizarre.
I gather from this and other articles about this case, that they don't know who the father is. Maybe the girl doesn't even know -- she could have been raped by a stranger and/or by multiple men -- a lot can happen to a 13 year old girl in a full month in which she's on the run and nobody is even looking for her -- pimps don't take long to find and exploit a girl in that situation.
Under FL parental consent law there has to be a full hearing before a court. She can not have a lawyer consent for her.
I think this is more a procedural issue rather than a will she or won't she. The judge has to find that she is making the decision freely and not being cooerced. Is the ACLU cooercing an abortion (You REALLLY REALLY want an abortion? yes?)
Since she is the ward of the state, the DCF IS her mother/father. There is no mother or father. I think the statory rape issue does play into this.
I am sure this will not be the last step on this. I am sure there will be appeals, however will the appeals courts follow the same "judge has final discretion of the facts" that was done under the schiavo case?
FL voters pass a parental notification amendment with judicial review provisions.
Legally speaking there is a difference between the third party ACLU and the legal guardian DCF.
footnote: one of the reasons the ACLU interceded on Rush limbaugh's medical privacy case was over protecting abortion rights. I wonder how that loss will be tied into this case.