Text: H03030 Text: H03032 Text: H03000 - H03099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 13, as amended, passed, and 1 2 reprinted by the Senate as follows: 1 3 #1. By striking everything after the enacting 1 4 clause, and inserting the following: 1 5 "Section 1. NEW SECTION. 146A.1 NOTIFICATION OF 1 6 PARENT PRIOR TO PERFORMANCE OF ABORTION ON A PREGNANT 1 7 MINOR &endash; REQUIREMENTS &endash; ALTERNATIVES &endash; CRIMINAL 1 8 PENALTY. 1 9 1. A person shall not perform an abortion on a 1 10 pregnant minor until at least forty-eight hours' prior 1 11 notification is provided to a parent of the pregnant 1 12 minor. 1 13 2. The person who will perform the abortion shall 1 14 provide notification in person or by mailing the 1 15 notification by restricted certified mail to the 1 16 parent of the pregnant minor at the usual place of 1 17 abode of the parent. For the purposes of delivery by 1 18 restricted certified mail, the time of delivery is 1 19 deemed to occur at twelve o'clock noon on the next day 1 20 on which regular mail delivery takes place, subsequent 1 21 to the mailing. 1 22 3. For the purposes of this section, unless the 1 23 context otherwise requires: 1 24 a. "Abortion" means an abortion as defined in 1 25 chapter 146. 1 26 b. "Court" means the juvenile court. 1 27 c. "Medical emergency" means a condition that, 1 28 based on a physician's clinical judgment, so 1 29 complicates the medical condition of a pregnant minor 1 30 as to necessitate the immediate abortion of the 1 31 minor's pregnancy to avert the minor's death, or for 1 32 which a delay will create risk of substantial and 1 33 irreversible impairment of a major bodily function. 1 34 d. "Minor" means minor as defined in chapter 599. 1 35 e. "Parent" means one parent of the pregnant minor 1 36 or the pregnant minor's guardian or custodian. 1 37 4. Notification shall not be required under this 1 38 section if any of the following conditions applies: 1 39 a. The attending physician certifies that a 1 40 medical emergency existed. The attending physician 1 41 shall certify in writing the basis for the medical 1 42 judgment that a medical emergency existed and shall 1 43 make written certification available to a parent of 1 44 the pregnant minor prior to the abortion, if possible. 1 45 If it is not possible to provide a parent of the 1 46 pregnant minor with written certification prior to the 1 47 abortion, the physician shall provide the written 1 48 certification to a parent of the pregnant minor within 1 49 twelve hours following the performance of the abortion 1 50 unless paragraph "b", "c", "d", or "e" is applicable. 2 1 b. The abortion is authorized in writing by a 2 2 parent entitled to notification. 2 3 c. The pregnant minor declares that the pregnant 2 4 minor is a victim of child abuse pursuant to section 2 5 232.68, the person responsible for the care of the 2 6 child is a parent of the minor, and the abuse has been 2 7 reported pursuant to the procedures prescribed in 2 8 chapter 232, division III, part 2, or a parent of the 2 9 pregnant minor is named in a report of founded child 2 10 abuse. The department of human services shall 2 11 maintain confidentiality under chapter 232 regarding 2 12 the minor's pregnancy and abortion, if an abortion is 2 13 obtained. 2 14 d. The pregnant minor elects not to allow 2 15 notification of the pregnant minor's parent and a 2 16 court authorizes waiver of the notification 2 17 requirement following completion of the proceedings 2 18 prescribed under subsection 5. 2 19 e. The pregnant minor is provided counseling and 2 20 presents written proof of the completion of counseling 2 21 to the person performing the abortion. If the 2 22 pregnant minor chooses the alternative of counseling 2 23 under this paragraph, all of the following shall 2 24 apply: 2 25 (1) The pregnant minor and the person providing 2 26 counseling shall sign, date and seal, or notarize the 2 27 document certifying the provision of counseling to be 2 28 submitted to the person performing the abortion. 2 29 (2) The counseling is provided, at least forty- 2 30 eight hours prior to the submission of the counseling 2 31 document to the person performing the abortion, by one 2 32 parent of the pregnant minor; by an adult sibling, 2 33 adult aunt or uncle, or grandparent of the pregnant 2 34 minor; or by a certified religious counselor, 2 35 including but not limited to a minister, priest, 2 36 rabbi, or mullah. Counseling provided by a person 2 37 associated with a licensed provider who performs 2 38 abortions does not constitute the receipt of 2 39 counseling. The forty-eight-hour waiting period may 2 40 be waived only if the pregnant minor is accompanied to 2 41 the provider performing the abortion by at least one 2 42 parent of the pregnant minor, and if at least one 2 43 parent completes and signs a medical consent form. 2 44 5. If a pregnant minor objects to the notification 2 45 of a parent prior to the performance of an abortion on 2 46 the pregnant minor, the pregnant minor may petition 2 47 the court to authorize waiver of the notification 2 48 requirement pursuant to this section in accordance 2 49 with the following procedures: 2 50 a. The court shall ensure that the pregnant minor 3 1 is provided with assistance in preparing and filing 3 2 the petition for waiver of notification and shall 3 3 ensure that the pregnant minor's identity remains 3 4 confidential. 3 5 b. The pregnant minor may participate in the court 3 6 proceedings on the pregnant minor's own behalf and the 3 7 court may appoint a guardian ad litem for the pregnant 3 8 minor. The court shall advise the pregnant minor of 3 9 the pregnant minor's right to court-appointed legal 3 10 counsel, and shall, upon the pregnant minor's request, 3 11 provide the pregnant minor with court-appointed legal 3 12 counsel, at no cost to the pregnant minor. 3 13 c. The court proceedings shall be conducted in a 3 14 manner which protects the anonymity of the pregnant 3 15 minor and all court documents pertaining to the 3 16 proceedings shall remain confidential. Only the 3 17 pregnant minor, the pregnant minor's guardian ad 3 18 litem, the pregnant minor's legal counsel, and persons 3 19 whose presence is specifically requested by the 3 20 pregnant minor, by the pregnant minor's guardian ad 3 21 litem, or by the pregnant minor's legal counsel may 3 22 attend the hearing on the petition. 3 23 d. The court proceedings under this section shall 3 24 be given precedence over other pending matters to 3 25 ensure that the court reaches a decision 3 26 expeditiously. 3 27 e. Upon petition and following an appropriate 3 28 hearing, the court shall waive the notification 3 29 requirements if the court determines either of the 3 30 following: 3 31 (1) That the pregnant minor is mature and capable 3 32 of providing informed consent for the performance of 3 33 an abortion. 3 34 (2) That the pregnant minor is not mature, or does 3 35 not claim to be mature, but that notification is not 3 36 in the best interest of the pregnant minor. 3 37 f. The court shall issue specific factual findings 3 38 and legal conclusions, in writing, to support the 3 39 decision. 3 40 g. Upon conclusion of the hearing, the court shall 3 41 immediately issue a written order which shall be 3 42 provided immediately to the pregnant minor, the 3 43 pregnant minor's guardian ad litem, the pregnant 3 44 minor's legal counsel, or any other person designated 3 45 by the pregnant minor to receive the order. 3 46 h. An expedited, anonymous, confidential appeal 3 47 shall be available to a pregnant minor for whom the 3 48 court denies a petition for waiver of notification. 3 49 An order granting the pregnant minor's application for 3 50 waiver of notification is not subject to appeal. 4 1 Access to the appellate courts for the purpose of an 4 2 appeal under this section shall be provided to a 4 3 pregnant minor twenty-four hours a day, seven days a 4 4 week. 4 5 i. The supreme court shall prescribe rules to 4 6 ensure that the proceedings under this section are 4 7 performed in an expeditious, anonymous, and 4 8 confidential manner. 4 9 j. A pregnant minor who chooses to utilize the 4 10 waiver of notification procedures under this 4 11 subsection shall not be required to pay a fee at any 4 12 level of the proceedings. 4 13 k. A person performing an abortion on a pregnant 4 14 minor under this chapter may inform the parent of the 4 15 pregnant minor of any necessary treatment resulting 4 16 from complications of the abortion procedure if, in 4 17 the judgment of the person, failure to inform the 4 18 parent would seriously jeopardize the health of the 4 19 pregnant minor. 4 20 6. Venue for proceedings under this section is in 4 21 any court in the state. 4 22 7. A person who performs an abortion in violation 4 23 of this section is guilty of a serious misdemeanor. 4 24 8. A person who provides counseling pursuant to 4 25 subsection 4, paragraph "e", and who complies in good 4 26 faith with the requirements of that paragraph, is 4 27 immune from any liability, civil or criminal, which 4 28 might arise from the provision of counseling. 4 29 9. A provider who performs an abortion on a 4 30 pregnant minor and who accepts a documentation of 4 31 counseling under subsection 4, paragraph "e", in good 4 32 faith, is immune from any liability, civil or 4 33 criminal, which might arise from the provider's 4 34 reliance on the documentation provided. The immunity 4 35 provided under this subsection does not provide 4 36 immunity from liability to any provider who performs 4 37 abortions on pregnant minors and who relies on 4 38 counseling provided by a person associated with an 4 39 abortion provider. 4 40 10. If a pregnant minor elects to continue the 4 41 pregnancy to term, following the birth of the child, 4 42 the pregnant minor shall seek the assistance of the 4 43 child support recovery unit in establishing the 4 44 paternity of the child, seeking support payments for a 4 45 reasonable amount of the costs associated with the 4 46 pregnancy, medical support, and maintenance from the 4 47 father of the child, or if the father is a minor, from 4 48 the parents of the minor father. Actions taken by the 4 49 child support recovery unit, the pregnant minor, or 4 50 the pregnant minor's parent or agent under this 5 1 subsection do not constitute grounds for and legal 5 2 action by the putative father or the putative father's 5 3 parent or agent. 5 4 Sec. 2. NEW SECTION. 232.5 ABORTION PERFORMED ON 5 5 A MINOR &endash; PROCEEDINGS. 5 6 The court shall have exclusive jurisdiction over 5 7 the authorization of an abortion on a pregnant minor 5 8 pursuant to section 146A.1." 5 9 #2. Title page, by striking lines 1 through 3, and 5 10 inserting the following: "An Act relating to the 5 11 notification of a parent prior to the performance of 5 12 an abortion on a pregnant minor, providing 5 13 alternatives to notification, and providing a 5 14 penalty." 5 15 5 16 5 17 5 18 WITT of Black Hawk 5 19 5 20 5 21 5 22 JACOBS of Polk 5 23 5 24 5 25 5 26 LARKIN of Lee 5 27 5 28 5 29 5 30 NELSON of Pottawattamie 5 31 5 32 5 33 5 34 HARPER of Black Hawk 5 35 5 36 5 37 5 38 METCALF of Polk 5 39 5 40 5 41 5 42 NELSON of Marshall 5 43 5 44 5 45 5 46 BRAND of Benton 5 47 5 48 5 49 5 50 MORELAND of Wapello 6 1 SF 13.510 76 6 2 pf/jw
Text: H03030 Text: H03032 Text: H03000 - H03099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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