YOUNGSTOWN Teen-ager's petition to have abortion hits legal roadblock

Ohio's revised parental bypass law is subject to a federal court injunction.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A teen-age girl's bid to have an abortion without her parents' consent has been derailed by a ruling in an unrelated federal court case.
The girl, identified in court papers only as Jane Doe, sought consent from Judge Theresa Dellick of Mahoning County Common Pleas Court's juvenile division to have an abortion in mid-November. When she was denied, the girl took her case to the 7th District Court of Appeals.
While the matter was pending before the court, the girl's attorney, Marc E. Dann, came across a problem.
Injunction: In 1998, Ohio law regarding parental bypass in abortion cases was changed, Dann said. To get an abortion, a girl had to obtain consent from either her parents or the juvenile court. Before that, all that was required was proof that the abortion provider gave at least 24 hours' notice to the girl's parents.
"They couldn't stop it, but they were entitled to notice," Dann said.
In October, the Ohio Supreme Court issued parental bypass forms based on the 1998 revision, Dann said. The problem is that the revision has been challenged in federal court and an injunction has been issued that keeps that change from taking effect.
That means the old law, requiring only parental notification, is still in effect.
Because of that, the 7th District Court ruled this week that it could not proceed on the case because it was filed under the revised law.
"Consequently, proceedings on the petition are unenforceable and thus void," according to the ruling signed by judges Gene Donofrio and Mary DeGenaro.
Dissenting opinion: Judge Joseph Vukovich filed a separate, dissenting opinion. He said the law, as he understands it, allows the court to give consent for an abortion as long as the girl seeking it "possesses sufficient maturity and intellect to make an informed decision."
A more detailed judgment entry outlining the judges' findings will be forthcoming.
Dann said he was unaware of the federal court injunction until he started doing research for arguments before the appellate court.
"We sort of blindly followed the state's forms," he said.
Dann said the girl still intends to seek an abortion and is weighing her options for what to do next. That could include going back to court with a new petition filed under the old law, or appealing to the Supreme Court.
bjackson@vindy.com