Disabled woman can bear child, guardian says

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http://www.orlandosentinel.com/news/...s26062603jun26,
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Disabled woman can bear child, guardian says

By Anthony Colarossi | Sentinel Staff Writer
Posted June 26, 2003

J.D.S., a mentally disabled rape victim who became a central figure in the
national debate on fetal rights and abortion, is in good physical health and
expected to give birth, according to court papers unsealed Wednesday.

Also, her fetus appears to be healthy based on two sonograms, Patti Riley
Jarrell, the court-appointed guardian for the 22-year-old woman known as
J.D.S., said.

"It is the guardian's belief that completing the pregnancy/delivering the child
is in J.D.S.' best interest," Jarrell's report said. "The guardian intends to
perform her duties under the assumption that J.D.S. will complete her pregnancy
[and] deliver the baby."

Jarrell could have elected to request an abortion if she thought J.D.S.' health
or life was at risk. J.D.S. is about seven months pregnant.

"She's doing well and the baby is doing well, too," Frank Nisi, Jarrell's
lawyer, said. "A lot of people prayed for her, and the prayers appear to be
answered."

Jarrell said J.D.S. is receiving excellent care and is more functional than she
had expected. But she is not aware she is pregnant, Jarrell said.

"She looks like she swallowed a small beach ball," Jarrell said. "She's a
beautiful girl and she does have potential. She just needs somebody to work
with her. I expected to find a totally different young woman than what I found
when I initially visited with her."

Despite Jarrell's decision not to terminate the pregnancy, Gov. Jeb Bush and
other state officials Wednesday said they plan to pursue the appointment of a
guardian to protect the fetus' interests.

Jarrell's report and statements are the first definitive signs that J.D.S.'
health has not suffered as a result of the rape and pregnancy. The severely
retarded woman, who has the mental capacity of a young child, was already
struggling with cerebral palsy and autism when she was raped while living at a
state-licensed group home in southwest Orlando.

The Department of Children & Families will take custody of J.D.S.' newborn. The
agency likely will place the child in a foster home, terminate J.D.S.' parental
rights and then arrange for adoption.

In an order Wednesday, Orange Circuit Judge Lawrence Kirkwood approved
Jarrell's plan for the duration of the pregnancy and birth. He also unsealed
most of Jarrell's report regarding the woman's health. The documents were filed
Tuesday.

The report said one doctor who evaluated J.D.S. -- now about seven months
pregnant -- said that continuing the pregnancy did not pose any risk to the
woman's physical or mental health beyond those existing in a normal pregnancy.
The doctor's name was kept confidential. Jarrell based her recommendation on
that assessment.

Bush, who had called for the appointment of a guardian for the fetus and
sparked controversy with his decision, said Wednesday he was pleased with
Jarrell's recommendation. "It is a compassionate and humane response, and the
guardian made the right decision," Bush said in a statement. "There are many
loving families that will open their homes to this child. I can promise there
will be a long list. This is a perfect example of why we need more guardians."

DCF also supports the appointment of a guardian for the fetus. Spokesman Bob
Brooks said: "This is about appointing a guardian for an unborn child being
cared for by a mother who cannot care for herself or her unborn child."

Edward Jordan, the attorney representing an Orlando woman who wants to be
guardian for the fetus, agreed. He is appealing a decision by Kirkwood, denying
Jennifer Wixtrom's petition to be guardian for the unborn child.

"There's no one speaking for the welfare of the unborn child between now and
the time that birth occurs," Jordan said. "It is not a political statement."

A guardian should be in place to question medications J.D.S. might be taking or
defend the fetus if Jarrell's recommendation changes in the future, Jordan
said.

Earlier this month Kirkwood appointed Jarrell guardian for J.D.S. and ordered
her to return with recommendations and medical assessments. He refused several
requests to appoint a guardian for the fetus, saying there was no basis in
Florida law to support the appointment.

Medical evaluations say J.D.S.' "pregnancy is quite unremarkable," Jarrell's
report said. The only concern noted by one doctor was her "abnormally low
pre-pregnancy weight." She weighs about 95 pounds and is about five-foot-one,
she said.

"[J.D.S.] is, of course, developmentally delayed, but looks significantly
better than she did at her last exam. . . . she is now functioning better," one
doctor noted.

The names of the doctors treating J.D.S. and the facility in which she is
living were kept confidential.

One doctor also noted that J.D.S. has had at least two sonograms "with both
indicating no 'obvious' or 'significant' fetal abnormalities.' "

However, the status report notes that the effect of medications J.D.S. was
taking on the fetus is "unknown." Jarrell said there are no plans for an
amniocentesis to determine birth defects. That test also would provide DNA that
could assist police in identifying the rapist. She said police likely will have
to wait on the birth for the DNA sample.

Nisi and Jarrell said the doctors have not determined whether a Caesarian
section will be required.

J.D.S. enjoys the attention she's received since being moved to the facility,
which is staffed with two nurses, 24 hours a day.

"They are giving her excellent care and they love her," said Jarrell, who added
they have cut and styled her hair. "She smiles, and you can see that she enjoys
that attention."

Still, Jarrell said, the woman has no concept of what is going on inside her
body.

"I've seen nurses take her hand and rub her tummy," she said. "But I've never
seen her make that gesture. We couldn't even give J.D.S. a dolly [toy doll].
She wouldn't understand."

Because ofJ.D.S.' incapacity, Carla Josephson, president of the Orlando-area
National Organization for Women, expressed concern about the decision to
continue.

"J.D.S. is a rape victim. She has the mental capacity of a toddler," she said.
"So I question how it can be in the best interest of a toddler to go through a
pregnancy and delivery. None of this is improving her life."