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House Journal: Page 383: Thursday, February 9, 1995

44     5.  If a pregnant minor objects to the notification
45   of a parent prior to the performance of an abortion on
46   the pregnant minor, the pregnant minor may petition
47   the court to authorize waiver of the notification
48   requirement pursuant to this section in accordance
49   with the following procedures:
50     a.  The court shall ensure that the pregnant minor
Page   3
 1   is provided with assistance in preparing and filing
 2   the petition for waiver of notification and shall
 3   ensure that the pregnant minor's identity remains
 4   confidential.
 5     b.  The pregnant minor may participate in the court
 6   proceedings on the pregnant minor's own behalf and the
 7   court may appoint a guardian ad litem for the pregnant
 8   minor.  The court shall advise the pregnant minor of
 9   the pregnant minor's right to court-appointed legal
10   counsel, and shall, upon the pregnant minor's request,
11   provide the pregnant minor with court-appointed legal
12   counsel, at no cost to the pregnant minor.
13     c.  The court proceedings shall be conducted in a
14   manner which protects the anonymity of the pregnant
15   minor and all court documents pertaining to the
16   proceedings shall remain confidential.  Only the
17   pregnant minor, the pregnant minor's guardian ad
18   litem, the pregnant minor's legal counsel, and persons
19   whose presence is specifically requested by the
20   pregnant minor, by the pregnant minor's guardian ad
21   litem, or by the pregnant minor's legal counsel may
22   attend the hearing on the petition.
23     d.  The court proceedings under this section shall
24   be given precedence over other pending matters to
25   ensure that the court reaches a decision
26   expeditiously.
27     e.  Upon petition and following an appropriate
28   hearing, the court shall waive the notification
29   requirements if the court determines either of the
30   following:
31     (1)  That the pregnant minor is mature and capable
32   of providing informed consent for the performance of
33   an abortion.
34     (2)  That the pregnant minor is not mature, or does
35   not claim to be mature, but that notification is not
36   in the best interest of the pregnant minor.
37     f.  The court shall issue specific factual findings
38   and legal conclusions, in writing, to support the
39   decision.
40     g.  Upon conclusion of the hearing, the court shall
41   immediately issue a written order which shall be
42   provided immediately to the pregnant minor, the
43   pregnant minor's guardian ad litem, the pregnant
44   minor's legal counsel, or any other person designated

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