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Home > Blogs > Ohio politics > Archives > 2009 > July > 01 > Entry
Minors’ abortion records off limits, court says
In a split decision released Wednesday, July 1, the Ohio Supreme Court said the parents of a Cincinnati teen who had an abortion at a Planned Parenthood clinic do not have the right to other minors’ medical records.
The parents of “Jane Roe,” who had an abortion in March 2004 as a 14-year-old, filed suit against Planned Parenthood, alleging the clinic didn’t properly get parental consent for the abortion or notify authorities of suspected sexual abuse of a minor. Although the clinic staff called a man who Jane said was her father and received consent, it turned out that it was her 21-year-old soccer coach, John Haller, on the other end. Later police found that Jane had been sexually abused and impregnated by Haller.
The lawsuit claimed Planned Parenthood’s handling of Jane’s case was part of a pattern involving minors who had obtained abortions.
As part of their lawsuit, the Roe family wanted copies of all medical records and child abuse reports for every minor who sought an abortion from the clinic in the last 10 years.
The court found that state law in effect at the time of the suit did not create a right to confidential medical records of people not involved in the lawsuit, even if the records redacted personal identifying information. The justices also said the earlier version of the law did not allow for civil damages for the clinic’s alleged failure to report the suspected abuse of Jane.
The court issued a separate opinion Wednesday in another case involving abortion. An appeals court handling a lawsuit over the constitutionality of Ohio’s law governing the prescription of RU-486 asked the Supreme Court for an interpretation of the 2004 law. The court said the law requires physicians prescribing RU-486 to follow U.S. Food and Drug Administration regulations and treatment protocols.
Doctors are usually permitted to prescribe different doses and protocols once the FDA has approved a drug. Ohio’s law prohibits such “off-label” uses for RU-486. The FDA regulations call for administering the drug up to 49 days into a pregnancy while a common off-label protocol is to give it up to 63 days into a pregnancy.
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Comments
By Rapnsum
July 2, 2009 2:40 PM | Link to this
Hey - if you want to see just how evil Planned Parenthood is. Check out a new documentary on Black Genocide in Modern America called Maafa21. See how genocide is happening still to this day in the Black Community in the with Planned Parenthood. www.maafa21.comBy Vera
July 1, 2009 10:41 PM | Link to this
Right, they are. And parents can and will be held accountable. Unfortunately a lot of parents really suck. Hence, our foster care system and childrens services, we would not have those institutions if parents could actually parent.By sassy
July 1, 2009 8:56 PM | Link to this
Here I was thinking that if a child is under the age of 18 years old, the parents are liable for their care.By Vera
July 1, 2009 3:35 PM | Link to this
Well, no it isn’t quite that easy,freedomlover. In order to get a judicial by-pass, a juvenile must get or be appointed an attorney. Go to court, in front of a juvenile judge; and be deemed responsible/knowledgeable enough to make their own decision. A juvenile can go through this process for many different reasons. It is by no means easy. With the morning after pill, a minor must be accompanied by a parent or guardian. As for this planned parenthood accepting parental permission over the phone…that’s not right, they need fined and/or shut down. Just for the record, a 14 year old can have relations with a 14 year old. I don’t know what the limit is, but it’s not ‘abuse’ or statutory within an age range.By AMAZED
July 1, 2009 3:33 PM | Link to this
Some very intelligent comments and I agree with just about everyone, especially teens as drivers. We also don’t allow people to vote until 18,and drink until 18 or 21. Yet we allow them to make a decision like this. But in this case the court really had no option,Unless there was more that wasn’t written. Medical records are protected, as they should be, by privacy laws. In this case the benefit of the many outweigh the benefit of the one.By me
July 1, 2009 2:25 PM | Link to this
Mr. Haller served a few years in prison and is currently out of jail. He did up front the money for “Jane” to have an abortion.By stupid court
July 1, 2009 2:17 PM | Link to this
The state of Ohio is making it more difficult for responsible teens to be able to DRIVE A CAR. But, hey, want an abortion? No problem, even without parental consent or notification; even if the baby’s father has committed statutory rape. Oh, well done, supreme court.By Freedomlover
July 1, 2009 1:05 PM | Link to this
What most parent’s don’t realize is that your minor child can obtain an abortion without your permission through judicial by-pass. Yes, the state of Ohio owns your children! Abort PP!By William
July 1, 2009 1:03 PM | Link to this
What a pantload. They make a phone call to get “parental consent” for a 14 year old?By just me
July 1, 2009 12:20 PM | Link to this
Planned parenthood uses a scale for payemnt. If you have no income (such as the 14 year old probably didn’t) you are not required to pay. Also, it says that the coah was the “dad” on the phone, so perhaps he fronted the money.By flipper
July 1, 2009 12:11 PM | Link to this
How did the 14 year old pay for the abortion? What was the disposition of charges , if any, against Mr. Haller? Can a 12 year old march in and get an RU-486 pill with no consent or questions asked. And if so, what happens if she has an adverse reaction and dies?