Ohrenschall happy with final ruling

Bill Gang

Wednesday, April 8, 1998 | 3:47 a.m.

It was an anti-climactic finale today in the case of Assemblywoman Genie Ohrenschall who last month was found to be legally negligent for failing to provide timely medical care for her ailing teenage daughter.

After hearing that 16-year-old Katie Ross is being medically cared for, is receiving an education and even has her social life back on track, Family Court Juvenile Judge Gerald Hardcastle ordered only 60 days of supervision.

In doing so, Hardcastle rejected suggestions by Child Protective Services workers that a more comprehensive plan be put into place that might have required Ross attend a formal school rather than be home schooled and, perhaps, undergo counseling.

"What right do we have to determine Katie's socialization?" the judge asked. "I think that would extend the involvement of the court far beyond what it can be."

Hardcastle ordered a bare-bones plan that requires Ross -- who had to undergo emergency colon removal surgery on New Year's Day -- be medically monitored, receive "statutorily approved" schooling and live in a clean environment.

During the next two months, Ross will still be in the legal custody of her 25-year-old brother, James Ohrenschall, although both of them live with their mother.

The judge said Ross would be returned to Ohrenschall's custody on June 3 "unless there are unforeseen circumstances."

Ohrenschall said she was pleased with today's ruling but made it clear she still believes police and protective services officers stepped in unjustifiably when Ross was taken to Sunrise Children's Hospital in December for emergency care.

At the time, the girl's weight had dropped because of her ulcerative colitis from more than 90 pounds to less than 50. Her weight had been dropping steadily for two years as her colon deteriorated, despite a wide range of medical care that had been sought by Ohrenschall -- including alternative treatments.

Ohrenschall said that when she is re-elected, she will promote legislation to prevent unwarranted intrusion by the state that she believes she suffered.

But even Ross's state-appointed attorney, Ishi Kunin, conceded that Ross "needed protection" provided by officials when she was taken to the hospital.

Since the surgery, according to Ross's court-appointed Special Advocate Bonnie Mann, "I've seen a different little girl. She is concerned about makeup and her hair and typical teenage things. She is excited about school."

"You see a young lady starting to blossom," Mann said, while admitting that Ross still has problems coping with the colostomy, bag which was necessary as a result of her colon removal.

Ohrenschall said that a surgical procedure to internalize the bodily functions can be performed when Ross gains more weight and healing from the surgery is completed. The teenager now weighs more than 90 pounds, Ohrenschall said.

The assemblywoman defended the decision to have Ross home schooled. She said that would let Ross graduate with her peers and give time "for the publicity to die down."

But the case may not be over.

Ohrenschall's attorney, Edward Marshall, said an appeal to the Nevada Supreme Court still is being considered, although the girl will be back in her mother's custody and likely will have undergone reconstruction surgery by the time the high court would make a decision.

Marshall has said that making Ross a ward of the court is fraught with constitutional problems that he feels the Nevada Supreme Court should review.