Text: HF00019 Text: HF00021 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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
Text: HF00019 Text: HF00021 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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