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1 1 Section 1. NEW SECTION. 146A.1 NOTIFICATION OF PARENT
1 2 PRIOR TO PERFORMANCE OF ABORTION ON A MINOR &endash; REQUIREMENTS &endash;
1 3 EXCEPTIONS &endash; CRIMINAL PENALTY.
1 4 1. A person shall not perform an abortion on a pregnant
1 5 minor until at least forty-eight hours' prior notification is
1 6 provided to a parent of the minor.
1 7 2. The person who will perform the abortion shall provide
1 8 notification in person or by mailing the notification by
1 9 restricted certified mail to the parent of the minor at the
1 10 usual place of abode of the parent. For the purposes of
1 11 delivery by restricted certified mail, the time of delivery is
1 12 deemed to occur at twelve o'clock noon on the next day on
1 13 which regular mail delivery takes place, subsequent to the
1 14 mailing.
1 15 3. For the purposes of this section, unless the context
1 16 otherwise requires:
1 17 a. "Abortion" means an abortion as defined in chapter 146.
1 18 b. "Court" means the juvenile court.
1 19 c. "Medical emergency" means a condition that, based on a
1 20 physician's clinical judgment, so complicates the medical
1 21 condition of a pregnant minor as to necessitate the immediate
1 22 abortion of the minor's pregnancy to avert the minor's death,
1 23 or for which a delay will create risk of substantial and
1 24 irreversible impairment of a major bodily function.
1 25 d. "Minor" means minor as defined in chapter 599.
1 26 e. "Parent" means one parent of the pregnant minor or the
1 27 pregnant minor's guardian or custodian.
1 28 4. Notification shall not be required under this section
1 29 if any of the following conditions apply:
1 30 a. The attending physician certifies that a medical
1 31 emergency existed. The attending physician shall certify in
1 32 writing the basis for the medical judgment that a medical
1 33 emergency existed and shall make written certification
1 34 available to a parent of the minor prior to the abortion, if
1 35 possible. If it is not possible to provide a parent of the
2 1 minor with written certification prior to the abortion, the
2 2 physician shall provide the written certification to a parent
2 3 of the minor within twelve hours following the performance of
2 4 the abortion unless paragraph "b", "c", or "d" is applicable.
2 5 b. The abortion is authorized in writing by a parent
2 6 entitled to notification.
2 7 c. The pregnant minor declares that the pregnant minor is
2 8 a victim of child abuse as defined in section 232.68, the
2 9 person responsible for the care of the child is a parent of
2 10 the child, and the abuse has been reported pursuant to the
2 11 procedures prescribed in chapter 232, division III, part 2, or
2 12 a parent of the child is named in a report of founded child
2 13 abuse. The department of human services shall maintain
2 14 confidentiality under chapter 232 regarding the minor's
2 15 pregnancy and abortion, if an abortion is obtained.
2 16 d. The pregnant minor elects not to allow notification of
2 17 the pregnant minor's parent and a court authorizes waiver of
2 18 the notification requirement following completion of the
2 19 proceedings prescribed under subsection 5.
2 20 5. If a pregnant minor objects to the notification of a
2 21 parent prior to the performance of an abortion on the pregnant
2 22 minor, the pregnant minor may petition the court to authorize
2 23 waiver of the notification requirement pursuant to this
2 24 section in accordance with the following procedures:
2 25 a. The court shall ensure that the minor is provided with
2 26 assistance in preparing and filing the petition for waiver of
2 27 notification and shall ensure that the minor's identity
2 28 remains confidential.
2 29 b. The minor may participate in the court proceedings on
2 30 the minor's own behalf and the court may appoint a guardian ad
2 31 litem for the minor. The court shall advise the minor of the
2 32 minor's right to court-appointed legal counsel, and shall,
2 33 upon the minor's request, provide the minor with court-
2 34 appointed legal counsel, at no cost to the minor.
2 35 c. The court proceedings shall be conducted in a manner
3 1 which protects the anonymity of the minor and all court
3 2 documents pertaining to the proceedings shall remain
3 3 confidential. Only the minor, the minor's guardian ad litem,
3 4 the minor's legal counsel, and persons whose presence is
3 5 specifically requested by the minor, by the minor's guardian
3 6 ad litem, or by the minor's legal counsel may attend the
3 7 hearing on the petition.
3 8 d. The court proceedings under this section shall be given
3 9 precedence over other pending matters to ensure that the court
3 10 reaches a decision expeditiously.
3 11 e. Upon petition and following an appropriate hearing, the
3 12 court shall waive the notification requirements if the court
3 13 determines either of the following:
3 14 (1) That the minor is mature and capable of providing
3 15 informed consent for the performance of an abortion.
3 16 (2) That the minor is not mature, or does not claim to be
3 17 mature, but that notification is not in the best interest of
3 18 the minor.
3 19 f. The court shall issue specific factual findings and
3 20 legal conclusions, in writing, to support the decision.
3 21 g. Upon conclusion of the hearing, the court shall
3 22 immediately issue a written order which shall be provided
3 23 immediately to the minor, the minor's guardian ad litem, the
3 24 minor's legal counsel, or any other person designated by the
3 25 minor to receive the order.
3 26 h. An expedited, anonymous, confidential appeal shall be
3 27 available to a minor for whom the court denies a petition for
3 28 waiver of notification. An order granting the minor's
3 29 application for waiver of notification is not subject to
3 30 appeal. Access to the appellate courts for the purpose of an
3 31 appeal under this section shall be provided to a minor twenty-
3 32 four hours a day, seven days a week.
3 33 i. The supreme court shall prescribe rules to ensure that
3 34 the proceedings under this section are performed in an
3 35 expeditious, anonymous, and confidential manner.
4 1 j. A minor who chooses to utilize the waiver of
4 2 notification procedures under this subsection shall not be
4 3 required to pay a fee at any level of the proceedings.
4 4 k. A person performing an abortion on a minor under this
4 5 chapter may inform the parent of the minor of any necessary
4 6 treatment resulting from complications of the abortion
4 7 procedure if, in the judgment of the person, failure to inform
4 8 the parent would seriously jeopardize the health of the minor.
4 9 6. A person who performs an abortion in violation of this
4 10 section is guilty of a serious misdemeanor.
4 11 7. Venue for proceedings under this section is in any
4 12 court in the state.
4 13 Sec. 2. NEW SECTION. 232.5 ABORTION PERFORMED ON A MINOR
4 14 &endash; PROCEEDINGS.
4 15 The court shall have exclusive jurisdiction over the
4 16 authorization of an abortion on a minor pursuant to section
4 17 146A.1.
4 18 EXPLANATION
4 19 This bill provides for the notification of one parent or
4 20 the guardian or custodian of a pregnant minor 48 hours prior
4 21 to the performance of an abortion on the minor. The bill also
4 22 provides for exceptions to the notification requirement,
4 23 including the provision of the issuance of an order by the
4 24 juvenile court authorizing a waiver to the notification
4 25 requirement prior to the performance of an abortion on a
4 26 minor. Waiver of notification by the court is only allowed if
4 27 it is established that the minor is mature and capable of
4 28 providing informed consent or that the minor is not mature or
4 29 does not claim to be mature but that notification is not in
4 30 the best interest of the minor. A person performing an
4 31 abortion in violation of the bill's provisions is guilty of a
4 32 serious misdemeanor.
4 33 LSB 1142YH 76
4 34 pf/sc/14.1
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