by Eric Resnick
Gay People's Chronicle
March 16, 2001
Columbus-The drama surrounding the August 23 removal of a six-year-old transgender girl from her home by Franklin County Children Services may be coming to a close.
Franklin County Juvenile Court Judge Kay Lias presided over a hearing March 6 resulting from the mediation process entered into by Paul and Sherry Lipscomb and their attorneys, Children Services and their attorneys, two attorneys representing the child, and three assistant county prosecutors.
The hearing concluded a memorandum of understanding that set out the goals for the parties to move them closer to returning the child to one of her parents.
The parties agreed to court-supervised mediation November 22 under the condition that the parents agree that state intervention was needed, and that Children Services drop charges of neglect against the Lipscombs.
The child was removed from the home following the Lipscombs' attempt to enroll her as a girl in the first grade at McVay Elementary School in Westerville, where she attended kindergarten as a boy.
Born with male genitalia and the name Zachary, the child, diagnosed with gender identity disorder, has identified as a girl since age two and now goes by the name Aurora, which she chose. Prior to the custody battle, the Lipscombs filed with probate court to have her name legally changed.
Under Ohio law, children can be removed from the home for three reasons, abuse, neglect, and "dependency," which means, broadly, the child is in need of government intervention. In this case, dependency was based on Children Services' belief that the child's needs were not being met.
The now-dropped neglect charge was not part of the original complaint. It was added September 11 to the original dependency charge.
Guardian ad litem (child's court-appointed guardian for legal affairs) Rebecca Steele has maintained that the child is violent and needs treatment, which her parents were not providing.
The child has been treated by the Cincinnati Children's Medical Center, where she was diagnosed with GID.
Steele and Children Services had originally attempted to dispute the GID diagnosis, and gender identity issues were cited in the original complaint. But in December, Steele told the Columbus Dispatch that gender identity is not the real issue in the case.
Still, since her removal from the home, the child has been in foster care and forced to live as a boy using the name Zachary. There are four boys placed in that home, but no other girls. She is allowed to wear only boys' clothing or clothing that is considered gender neutral. She is forbidden to wear jewelry or play with toys considered feminine.
Aurora, who because of Asperger syndrome is strong-willed and stubborn, still insists she is a girl and rebels, sometimes violently, at being made to live as a boy.
The case has been complicated by revelations about the lives of the parents. Both live with bipolar disorder, a psychiatric diagnosis requiring medical treatment.
In October, Paul Lipscomb told Time magazine that he also had gender identity issues and was planning to transition from male to female.
Sherry Lipscomb appeared on television seeking to draw attention to the situation, prompting Lias to issue a gag order in September.
The parents separated in October, causing their attorneys to withdraw due to possible conflict of interest if, in a divorce, the issue of permanent custody was raised.
Both parents had to hire attorneys independently, causing the case to be delayed.
Sources close to the case indicate that Paul Lipscomb is Aurora's strongest advocate, especially on her expression of her gender identity, and in his concern for proper treatment of her Asperger syndrome. He will likely be granted custody by spring 2002, based on the 18-month length of most foster placements.
Due to illness, Sherry Lipscomb did not attend the March 6 proceedings. But those in attendance discussed the status of the court-ordered counseling each parent must have, as well as other objectives, including steady employment and a stable home.
Both parents are making progress in these areas. However, because a child is involved, the court will not reveal specific information on the case.