Teens seeking abortions can get judge's permission

In the past 12 months, three teenaged girls asked for permission from Highlands County judges to have abortions. All three requests were granted.

What's more, their parents did not know - and still may not know - what their daughters did.

Statistics

Teen pregnancy is a continuing problem in Florida, but it's getting better.

Twenty years ago, 18 in every 1,000 births was to a mother aged 10-17. In Highlands County, the numbers almost doubled, according to the Florida Department of Health's Bureau of Vital Statistics: 33 in every 1,000 babies was born to a minor.

In 2007, the last year for which statistics are available, only nine in 1,000 births were to minor girls; in Highlands, it was 15 in every 1,000.

When pregnant minors decide to have an abortion, but they don't want to tell their parents, they can ask a judge.

Judicial bypass

The Florida Office of the State Court Administrator compiles reports on the secret courtroom procedure known as judicial bypass. In 2007, 610 petitions were filed by girls younger than age 18; 587 bypass requests were approved by Florida judges. In 2006, 94 percent of the 557 petitions were approved.

"I think these numbers show that the requests now are just being rubberstamped," said Sheila Hopkins of the Florida Catholic Conference. "We think judges need a clear direction in determining whether a young woman should have an abortion."

In 2007, Sen. Ronda Storms, R-Valrico, sponsored legislation that would have had judges consider a youngster's credibility, emotional stability and "ability to understand and explain the medical consequences of terminating her pregnancy." Her measure, which didn't clear the Senate, also would have required minors seeking abortion to counsel with a guardian ad litem.

Adrienne Kimmell, executive director of Florida Association of Planned Parenthood, said Florida's parental notice law already requires judges to determine whether the minor is sufficiently mature to make such a decision on her own, or is a victim of child or sexual abuse.

Highlands County

The Florida Supreme Court cautions judges about expressing their opinions about controversies like abortion or the judicial bypass law.

Instead, Highlands County Circuit Court Judge Olin Shinholser went over a list of questions he asked the two girls who came before him in the past year. They included minutia like how they're doing in school, what kind of classes they take, their demeanor, their goals in life, their lifestyle, and who they've consulted in their decision.

Although their hearings are recorded and transcribed, the girls' names cannot be revealed. Shinholser and 10th Circuit Court Chief Judge Chief Judge Langford won't talk about details of their cases, such as the reasons the minors - described as older teens - gave for not telling their parents they were having an abortion.

Judges must follow the law, whether they believe in the right to life, or whether they think a woman has abortion rights.

"The decision," Shinholser said, "is not whether we agree or disagree with abortion."

"Under the law, the way it's written," Langford said, he had to grant the petition which was presented to him. "We don't get to pick and choose which laws we enforce."

Child advocacy

That fact that judges can give minors permission for an abortion startled Children's Advocacy Center Director Jeff Roth, who had never heard of judicial bypass.

"I can only assume that (the minors) must have presented good reasons not to share that information with their parents," Roth said. "As a parent, I would want to know about the struggles of my children... I would feel very insignificant, in my parental role, to find out my daughter could have an abortion without my knowledge."

"If we're expecting parents to be parents," Roth asked, "how can we take away their parental rights?"

Roth is intimate in Highlands County's judicial system, and he's confident that local judges are asking the right questions of the petitioners.

Although he didn't take a position against judicial bypass, Roth questioned whether any girl actually has the maturity to know whether she wants an abortion.

"We know, by studies, that the human brain doesn't fully develop until early to mid 20s," Roth said. "The last portion to develop is the sense of reason."

The law

The Parental Notice of Abortion Act says a physician must notify a parent or guardian 48 hours before terminating a minor's pregnancy. The exception is judicial bypass.

But here's an interesting question: where do girls find out that they can go to the Highlands County Courthouse and file an emergency "Jane Doe" petition with a judge, who has 48 hours grant or deny permission for an abortion?

Roth didn't know, nor did Linda Hendrixson, director of nursing for Highlands County Health Department. On Friday, she quizzed her staff, and none of the doctors or nurses knew of judicial bypass.

Hendrixson suggested that Internet savvy teens may be googling "abortion." There, they can find Planned Parenthood chapters in the major cities. There is no local office. They may also be asking their own pediatricians, or a lawyer.

The health department does not offer abortions or abortion counseling, but juvenile girls can come to the health department for free maternity services, including lab work and education, Hendrixson said. If they're seeking an abortion, they're told to look in the phone book.

"We try to be very non-judgmental," Hendrixson said. "We can't say, 'Don't do that.'"

Senate action

Although court records are open to the public, there are exceptions for minors. The Senate is reviewing the exemption to Florida's public records law which shields the names of girls. If lawmakers don't renew the public records exemption, it will expire on Oct. 1, 2010.

The effort to extend the records exemption may provide another opening for critics seeking to tighten Florida abortion laws. Polls have shown parental-notice laws can draw general support even among abortion rights supporters.

Florida is among 35 states that require parental notice or consent before a child has an abortion. All 35 provide judicial bypass, critical the law's constitutionality, according to the Guttmacher Institute, a New York public policy organization.

The Florida Senate report on FS 390.0116, the Parental Notice Abortion Act, is available at www.flsenate.gov/data/Publications/2010/Senate/reports/interim_reports/pdf/2010-224ju.pdf