Daily Kos

Judge Rules 13 year old Florida Girl Has Right to Choose

Mon May 02, 2005 at 10:08:55 PM PDT

From tomorrow's NYTimes:

State Judge Allows Teenager in Florida to Get an Abortion

MIAMI, May 2 - A circuit court judge in Florida has ruled that a pregnant teenager in state custody can get an abortion over the state's objections, a lawyer involved in the case said Monday night.

much more, including POLL, in extended entry
I am profoundly grateful the Judge ruled for the girl -- but the last time the DCF attempted to force a woman to have a baby, it succeeded by drawing out the lawsuit until the opportunity for a safe abortion was past, forcing a retarded rape victim to give birth -- and for those of you who share my cynicism, and have asked here on DailyKos and elsewhere if the goal was to get babies -- that baby was put up for adoption.  So I'm glad for the LG, but wary of what the DCF will do next, since they refused to comment on any plans for appeal.

I was glad to see the Times named the lawyer, because many here at DailyKos and elsewhere in the blogosphere have wondered about establishing a fund to help this girl with her education -- I'd suggest that we contact Mr. Simon, and ask him about this.

The lawyer, Howard Simon, executive director of the American Civil Liberties Union of Florida, said the judge, Ronald Alvarez of Palm Beach County Circuit Court, ruled that the girl was competent to make decisions regarding her pregnancy and had the right to do so under the state's Constitution.

Here's my letter to the Times:
Regarding Amy Goodnough's story "State Judge Allows Teenager in Florida to Get an Abortion"
Published: May 3, 2005

This story states that the agency involved has "come under heavy criticism" recently for "losing track of those in its care", but fails to mention the vital fact that this agency "lost" LG herself -- failing to ask for a court order to take the girl into custody after she had run away the most recent time, of more than five times she had run from her youth shelter.

I quote from the South Florida Sun-Sentinel:

"The judge blasted the DCF, saying the agency never asked the court to issue an order to take the child into custody after her most recent disappearance.

"To say that I am angry at that would be an understatement," Alvarez said. "To rush into this court on an emergency basis because this child is pregnant and wants an abortion, I don't know where our priorities in life are. The priority should have been to make certain that an order to take her into custody was issued as soon as possible, and that she was found and taken off of the streets or wherever she was. But nobody cared.""

This is not a detail that the Times should fail to include, because it speaks crucially to just how much "care" they have for the children they are responsible for.

I strongly suggest that this story be corrected to include this extremely important fact.

From the Miami Herald [registration required, I suggest using bugmenot.com]:

"In a way, she's one of the lucky ones; she only got pregnant. Others in state care have been tortured, raped, killed or, in the case of Rilya Wilson, vaporized into thin air.

(snip)

Two years ago, DCF fought to block a severely retarded Orlando woman from having an abortion. In that case, the agency litigated for so many months that the operation could not be safely performed. The woman gave birth, and the infant was put up for adoption.

(snip)

With the governor's political image in mind, DCF carefully tries to mask its meddling as the act of a caring and concerned overseer. In fact the driving but unspoken philosophy behind most of the new abortion restrictions is punitive."

It would also benefit your readers to know that this is the same agency which attempted to take Teri Schavo out of her care facility, until they were forbidden by law enforcement to do so.

These are NOT neutral folks -- they have an agenda, and the Times has a duty to readers to report it.   

By the way, Mr. Okrent does NOT have permission to publish my email address.

[end of letter to the Times]

Your Action Item, Should You Choose To Accept

Contact the Florida ACLU and tell them what a great job they did.  If you'd like to offer help to LG, let them know.

I'd like to remind you that this is the Same Cast of Evil-Doers that brought us the Teri Schavo Case and suggest that we work to Block the Confirmation of DCF Sec. Lucy Hadi  who PERSONALLY decided to block this girl's abortion:

Head of DCF opted to challenge girl's abortion plans

"The head of the Florida Department of Children and Families personally decided that her agency should go to court to stop a 13-year-old foster child from having an abortion.

DCF Secretary Lucy Hadi reviewed the case and felt she could not allow the girl to end the pregnancy before notifying a juvenile court judge, Marilyn Munoz, spokeswoman for the agency in Palm Beach County, said Friday.

(SNIP)

But attorneys who work with foster children say DCF has rarely used that law to block an abortion sought by a child in foster care. Hadi's decision goes against state Supreme Court rulings that girls do not need parents' permission to get an abortion, some said.

I also found an article stating that, as of April 12th, Lucy Hadi hasn't been CONFIRMED in her post.

As I posted in an earlier diary about LG's case, I'd suggest we start working to get her fired -- obviously she's an appointee of Jeb, who I'm sure is thrilled with her, but the woman is endangering those she's entrusted with caring for, and her confirmation should be blocked.

"[Lucy] Hadi took over the beleaguered agency as interim secretary last September, and Gov. Jeb Bush offered her the permanent job in December. Her confirmation must still be approved by the full Senate.

Hadi told the committee that when she took over she wanted to change the culture of the department...."

Email:


dcf-osc@dcf.state.fl.us

Florida Dept. of Children & Families:


TELEPHONE: 1 - 800 - 96ABUSE (1-800-962-2873)

FAX: 1 (800) 914-0004


You must make a written report with your name and contact telephone or FAX using the fax form to: 1 - 800 - 914 - 0004. This form is available in PDF Format, link at:


http://www.dcf.state.fl.us/abuse/howtoreport.shtml

Yes, this is the same woman who got into the Teri Schavo case:


"Florida DCF secretary Lucy Hadi told the Palm Beach Post newspaper that her staff is relying on a state law giving authority to intervene on behalf of a vulnerable adult "suffering from abuse or neglect that presents a risk of death or serious physical injury."

Hadi said a petition must be filed with local courts to remove Terri from Woodside Hospice, where she lives, but that the agency could remove her without approval if it feels such action is warranted to protect her life."

If you live in Florida, here's where you can find your Senator in the Florida State Senate, which has to vote to confirm DCF Secretary Lucy Hadi -- please contact them and demand she be fired for abuse of children.

Emphasis in quoted material is mine.

I did look for other diaries reporting the ruling, but didn't find any. Please be kind, friends -- this is my very first diary!

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