In Re Penny N.

The question raised in this interlocutory transfer by Copadis, J., is whether the probate court has jurisdiction over a case involving sterilization of a minor incompetent. We hold that it does.

The following facts are taken from a report filed by the minor’s guardian ad litem in Hillsborough County Probate Court. Penny N., a fourteen-year-old girl, suffers from Downs Syndrome, severe psycho-motor retardation, heart disease and impaired hearing. Her intelligence level, that of a two-year-old, is unlikely to improve. She cannot speak or clothe and feed herself, and she is not toilet trained.…