Judge OKs upcoming birth by disabled woman



 (CNN) -- A 22-year-old disabled Florida woman raped while under the
state's care who is more than six months pregnant is now under a court
order to carry her fetus to term.

In newly unsealed documents, Circuit Court Judge Lawrence Kirkwood in
Orlando, Florida, signed off on a recommendation submitted by the
woman's court-approved legal guardian.

Guardian Patti Jarrell had her client, known only by her initials
J.D.S., examined by at least two doctors on June 5 and 12. At least one
of the doctors specialized in high-risk pregnancies, according to the
guardian's report.

J.D.S. reportedly suffers from autism and cerebral palsy. Police have
said she has the mental capacity of a 1-year-old and has no family.

Her case prompted controversy when her pregnancy was made public. Police
say J.D.S. was raped while living in a group foster home in the Orlando
area.

Gov. Jeb Bush became personally involved in the case when he urged the
court to appoint a guardian for the fetus as well as the young woman.
Bush argued the rights of the "unborn child " needed protection.

At the time, the American Civil Liberties Union and the National
Organization for Women opposed a guardian for the fetus, calling such a
proposed move a veiled attempt by the governor to eliminate the
possibility of an abortion.

Kirkwood rejected Bush's motion and ruled appointment of a guardian for
a fetus "is clear error."

Given the length of the woman's pregnancy, it appeared unclear whether
an abortion would be safe.

In accepting the guardian's plan, the judge called her work "exemplary."


Court documents related to the guardian's medical plan for J.D.S. are
redacted and do not disclose when and where the young woman will be
taken to give birth.

Guardian Jarrell "strongly recommends" J.D.S. remain at the group home
where she was moved following her rape. Her report states it is staffed
by two licensed practical nurses 24 hours a day.

The guardian expressed concern about where the expectant mother will be
placed by the state after she gives birth.

"The guardian urges the court to reject any attempt by DCF (the state
Department of Children and Families) to relocate J.D.S. to a facility
which in any way resembles the type of secluded and unstructured setting
that arguably contributed to JDS' current predicament."

Last month, in a separate but similar case in Miami, a judge ordered an
abortion for a severely disabled woman who also was raped while living
in a Florida-regulated group home. At the time of the ruling, that woman
-- deaf and suffering seizures -- also was about 6 months pregnant.

In that case, the young woman's mother opposed the birth. The abortion
was performed after the court ruling.

From CNN National Correspondent Susan Candiotti in Miami





Kendall

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