Approval would let her seek damages on behalf of the severely disabled woman who was raped and impregnated while in state-licensed care.
By Associated Press
Published January 7, 2004
ORLANDO - The aunt of a mentally disabled rape victim has filed a petition for legal guardianship, a move that would allow her to sue the state and her niece's caretakers for damages.
The severely disabled woman, known only as "J.D.S.," gave birth in September after summerlong debates over treatment of the developmentally disabled and on fetal rights. Her parental rights were terminated immediately after the child was born.
According to court papers filed last week, Dorothy Willis Quizon wants to become the legal representative for 23-year-old J.D.S., who suffers from cerebral palsy, autism and severe retardation.
The papers were filed by attorney Daniel Soloway for Quizon and J.D.S.' mother, whose parental rights were terminated in 1995.
J.D.S. already has a court-appointed guardian. An Orange circuit judge named Patti Jarrell guardian after J.D.S.' rape and pregnancy surfaced in April.
J.D.S. was raped while living in a southwest Orlando group home run by Hester Strong and licensed by the Department of Children and Families. Strong's husband, 75-year-old Phillip Strong, was accused as the rapist when his DNA matched that of the daughter J.D.S. delivered.
A copy of a draft lawsuit attached to the petition accuses an unnamed DCF employee of violating J.D.S.' civil rights, Phillip Strong of battery in the rape and both him and Hester Strong of negligence.
Neither the aunt nor the mother "have any monetary interest in such damages," according to the papers. Any monetary awards would be placed in a "restrictive guardianship account for the sole use and benefit of J.D.S."
Hester Strong has been charged with felony negligence and is awaiting trial.
DCF spokesman Bob Brooks said he had not seen the petition and could not comment.
