House Journal: Page 748: Thursday, March 14, 1996

3.  If the pregnant minor objects to the notification of a
parent prior to the performance of an abortion on the pregnant
minor, the pregnant minor may petition the court to authorize
waiver of the notification requirement pursuant to this section
in accordance with the following procedures:
a.  The court shall ensure that the pregnant minor is provided
with assistance in preparing and filing the petition for waiver
of notification and shall ensure that the pregnant minor's
identity remains confidential.
b.  The pregnant minor may participate in the court proceedings
on the pregnant minor's own behalf.  The court may appoint a
guardian ad litem for the pregnant minor and the court shall
appoint a guardian ad litem for the pregnant minor if the
pregnant minor is not accompanied by a responsible adult or if
the pregnant minor has not viewed the video as provided pursuant
to section 135L.2.  In appointing a guardian ad litem for the
pregnant minor, the court shall consider a person licensed to
practice psychology pursuant to chapter 154B, a licensed social
worker pursuant to chapter 154C, a licensed marital and family
therapist pursuant to chapter 154D, or a licensed mental health
counselor pursuant to chapter 154D to serve in the capacity of
guardian ad litem.  The court shall advise the pregnant minor of
the pregnant minor's right to court-appointed legal counsel, and
shall, upon the pregnant minor's request, provide the pregnant
minor with courtappointed legal counsel, at no cost to the
pregnant minor.
c.  The court proceedings shall be conducted in a manner which
protects the confidentiality of the pregnant minor and all court
documents pertaining to the proceedings shall remain
confidential.  Only the pregnant minor, the pregnant minor's
guardian ad litem, the pregnant minor's legal counsel, and
persons whose presence is specifically requested by the pregnant
minor, by the pregnant minor's guardian ad litem, or by the
pregnant minor's legal counsel may attend the hearing on the
petition.
d.  Notwithstanding any law or rule to the contrary, the court
proceedings under this section and section 135L.3 shall be given
precedence over other pending matters to ensure that the court
reaches a decision expeditiously.
e.  Upon petition and following an appropriate hearing, the
court shall waive the notification requirements if the court
determines either of the following:
(1)  That the pregnant minor is mature and capable of providing
informed consent for the performance of an abortion.
(2)  That the pregnant minor is not mature, or does not claim to
be mature, but that notification is not in the best interest of
the pregnant minor.
f.  The court shall issue specific factual findings and legal
conclusions, in writing, to support the decision.
g.  Upon conclusion of the hearing, the court shall immediately
issue a written order which shall be provided immediately to the
pregnant minor, the pregnant minor's guardian ad litem, the
pregnant minor's legal counsel, or to any other person
designated by the pregnant minor to receive the order.
h.  An expedited, confidential appeal shall be available to a
pregnant minor for whom the court denies a petition for waiver
of notification.  An order granting the pregnant minor's
application for waiver of notification is not subject to appeal.
 Access to the appellate courts for the purpose of an appeal
under this section shall be provided to a pregnant minor
twenty-four hours a day, seven days a week.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Mon Mar 18 13:30:02 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/00700/00748.html
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