House File 2206

                                       HOUSE FILE       
                                       BY  LUKAN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to parental consent prior to the performance of
  2    an abortion on a minor, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6114YH 80
  5 pf/gg/14

PAG LIN

  1  1    Section 1.  Section 135L.1, subsections 3 and 5, Code 2003,
  1  2 are amended by striking the subsections.
  1  3    Sec. 2.  Section 135L.3, Code 2003, is amended to read as
  1  4 follows:
  1  5    135L.3  NOTIFICATION CONSENT OF PARENT PRIOR TO THE
  1  6 PERFORMANCE OF ABORTION ON A PREGNANT MINOR == REQUIREMENTS ==
  1  7 CRIMINAL PENALTY.
  1  8    1.  A licensed physician shall not perform an abortion on a
  1  9 pregnant minor until at least forty=eight hours' prior
  1 10 notification is provided to a parent unless consent of a
  1 11 parent of the pregnant minor is obtained prior to the
  1 12 performance of the abortion.
  1 13    2.  The licensed physician who will perform the abortion
  1 14 shall provide notification in person or by mailing the
  1 15 notification by restricted certified mail to a parent of the
  1 16 pregnant minor at the usual place of abode of the parent.  For
  1 17 the purpose of delivery by restricted certified mail, the time
  1 18 of delivery is deemed to occur at twelve o'clock noon on the
  1 19 next day on which regular mail delivery takes place,
  1 20 subsequent to the mailing.
  1 21    3.  2.  If the pregnant minor objects to the notification
  1 22 obtaining of the consent of a parent prior to the performance
  1 23 of an abortion on the pregnant minor, the pregnant minor may
  1 24 petition the court to authorize waiver of the notification
  1 25 consent requirement pursuant to this section in accordance
  1 26 with the following procedures:
  1 27    a.  The court shall ensure that the pregnant minor is
  1 28 provided with assistance in preparing and filing the petition
  1 29 for waiver of notification consent and shall ensure that the
  1 30 pregnant minor's identity remains confidential.
  1 31    b.  The pregnant minor may participate in the court
  1 32 proceedings on the pregnant minor's own behalf.  The court may
  1 33 appoint a guardian ad litem for the pregnant minor and the
  1 34 court shall appoint a guardian ad litem for the pregnant minor
  1 35 if the pregnant minor is not accompanied by a responsible
  2  1 adult or if the pregnant minor has not viewed the video as
  2  2 provided pursuant to section 135L.2.  In appointing a guardian
  2  3 ad litem for the pregnant minor, the court shall consider a
  2  4 person licensed to practice psychology pursuant to chapter
  2  5 154B, a licensed social worker pursuant to chapter 154C, a
  2  6 licensed marital and family therapist pursuant to chapter
  2  7 154D, or a licensed mental health counselor pursuant to
  2  8 chapter 154D to serve in the capacity of guardian ad litem.
  2  9 The court shall advise the pregnant minor of the pregnant
  2 10 minor's right to court=appointed legal counsel, and shall,
  2 11 upon the pregnant minor's request, provide the pregnant minor
  2 12 with court=appointed legal counsel, at no cost to the pregnant
  2 13 minor.
  2 14    c.  The court proceedings shall be conducted in a manner
  2 15 which protects the confidentiality of the pregnant minor and
  2 16 notwithstanding section 232.147 or any other provision to the
  2 17 contrary, all court documents pertaining to the proceedings
  2 18 shall remain confidential and shall be sealed.  Only the
  2 19 pregnant minor, the pregnant minor's guardian ad litem, the
  2 20 pregnant minor's legal counsel, and persons whose presence is
  2 21 specifically requested by the pregnant minor, by the pregnant
  2 22 minor's guardian ad litem, or by the pregnant minor's legal
  2 23 counsel may attend the hearing on the petition.
  2 24    d.  Notwithstanding any law or rule to the contrary, the
  2 25 court proceedings under this section shall be given precedence
  2 26 over other pending matters to ensure that the court reaches a
  2 27 decision expeditiously.
  2 28    e.  Upon petition and following an appropriate hearing, the
  2 29 court shall waive the notification consent requirements if the
  2 30 court determines either of the following:
  2 31    (1)  That the pregnant minor is mature and capable of
  2 32 providing informed consent for the performance of an abortion.
  2 33    (2)  That the pregnant minor is not mature, or does not
  2 34 claim to be mature, but that notification obtaining consent is
  2 35 not in the best interest of the pregnant minor.
  3  1    f.  The court shall issue specific factual findings and
  3  2 legal conclusions, in writing, to support the decision.
  3  3    g.  Upon conclusion of the hearing, the court shall
  3  4 immediately issue a written order which shall be provided
  3  5 immediately to the pregnant minor, the pregnant minor's
  3  6 guardian ad litem, the pregnant minor's legal counsel, or to
  3  7 any other person designated by the pregnant minor to receive
  3  8 the order.
  3  9    h.  An expedited, confidential appeal shall be available to
  3 10 a pregnant minor for whom the court denies a petition for
  3 11 waiver of notification consent.  An order granting the
  3 12 pregnant minor's application for waiver of notification
  3 13 consent is not subject to appeal.  Access to the appellate
  3 14 courts for the purpose of an appeal under this section shall
  3 15 be provided to a pregnant minor twenty=four hours a day, seven
  3 16 days a week.
  3 17    i.  A pregnant minor who chooses to utilize the waiver of
  3 18 notification consent procedures under this section shall not
  3 19 be required to pay a fee at any level of the proceedings.
  3 20 Fees charged and court costs taxed in connection with a
  3 21 proceeding under this section are waived.
  3 22    j.  If the court denies the petition for waiver of
  3 23 notification consent and if the decision is not appealed or
  3 24 all appeals are exhausted, the court shall advise the pregnant
  3 25 minor that, upon the request of the pregnant minor, the court
  3 26 will appoint a licensed marital and family therapist to assist
  3 27 the pregnant minor in addressing any intrafamilial problems.
  3 28 All costs of services provided by a court=appointed licensed
  3 29 marital and family therapist shall be paid by the court
  3 30 through the expenditure of funds appropriated to the judicial
  3 31 branch.
  3 32    k.  Venue for proceedings under this section is in any
  3 33 court in the state.
  3 34    l.  The supreme court shall prescribe rules to ensure that
  3 35 the proceedings under this section are performed in an
  4  1 expeditious and confidential manner.  The rules shall require
  4  2 that the hearing on the petition shall be held and the court
  4  3 shall rule on the petition within forty=eight hours of the
  4  4 filing of the petition.  If the court fails to hold the
  4  5 hearing and rule on the petition within forty=eight hours of
  4  6 the filing of the petition and an extension is not requested,
  4  7 the petition is deemed granted and waiver of the notification
  4  8 consent requirements is deemed authorized.  The court shall
  4  9 immediately provide documentation to the pregnant minor and to
  4 10 the pregnant minor's legal counsel if the pregnant minor is
  4 11 represented by legal counsel, demonstrating that the petition
  4 12 is deemed granted and that waiver of the notification consent
  4 13 requirements is deemed authorized.  Resolution of a petition
  4 14 for authorization of waiver of the notification consent
  4 15 requirement shall be completed within ten calendar days as
  4 16 calculated from the day after the filing of the petition to
  4 17 the day of issuance of any final decision on appeal.
  4 18    m.  The requirements of this section regarding notification
  4 19 the obtaining of consent of a parent of a pregnant minor prior
  4 20 to the performance of an abortion on a pregnant minor do not
  4 21 apply if any of the following applies:
  4 22    (1)  The abortion is authorized in writing by a parent
  4 23 entitled to notification from whom consent would otherwise be
  4 24 required.
  4 25    (2) (a)  The pregnant minor declares, in a written
  4 26 statement submitted to the attending physician, a reason for
  4 27 not notifying a parent and a reason for notifying a
  4 28 grandparent of the pregnant minor in lieu of the notification
  4 29 of a parent.  Upon receipt of the written statement from the
  4 30 pregnant minor, the attending physician shall provide
  4 31 notification to a grandparent of the pregnant minor, specified
  4 32 by the pregnant minor, in the manner in which notification is
  4 33 provided to a parent.
  4 34    (b)  The notification form shall be in duplicate and shall
  4 35 include both of the following:
  5  1    (i)  A declaration which informs the grandparent of the
  5  2 pregnant minor that the grandparent of the pregnant minor may
  5  3 be subject to civil action if the grandparent accepts
  5  4 notification.
  5  5    (ii)  A provision that the grandparent of the pregnant
  5  6 minor may refuse acceptance of notification.
  5  7    (3)  (2)  The pregnant minor's attending physician
  5  8 certifies in writing that a medical emergency exists which
  5  9 necessitates the immediate performance of an abortion, and
  5 10 places the written certification in the medical file of the
  5 11 pregnant minor.
  5 12    (4)  (3)  The pregnant minor declares that the pregnant
  5 13 minor is a victim of child abuse pursuant to section 232.68,
  5 14 the person responsible for the care of the child is a parent
  5 15 of the child, and either the abuse has been reported pursuant
  5 16 to the procedures prescribed in chapter 232, division III,
  5 17 part 2, or a parent of the child is named in a report of
  5 18 founded child abuse.  The department of human services shall
  5 19 maintain confidentiality under chapter 232 and shall not
  5 20 release any information in response to a request for public
  5 21 records, discovery procedures, subpoena, or any other means,
  5 22 unless the release of information is expressly authorized by
  5 23 the pregnant minor regarding the pregnant minor's pregnancy
  5 24 and abortion, if the abortion is obtained.  A person who
  5 25 knowingly violates the confidentiality provisions of this
  5 26 subparagraph is guilty of a serious misdemeanor.
  5 27    (5)  (4)  The pregnant minor declares that the pregnant
  5 28 minor is a victim of sexual abuse as defined in chapter 709
  5 29 and has reported the sexual abuse to law enforcement.
  5 30    n.  A licensed physician who knowingly performs an abortion
  5 31 in violation of this section is guilty of a serious
  5 32 misdemeanor.
  5 33    o.  All records and files of a court proceeding maintained
  5 34 under this section shall be destroyed by the clerk of court
  5 35 when one year has elapsed from any of the following, as
  6  1 applicable:
  6  2    (1)  The date that the court issues an order waiving the
  6  3 notification consent requirements.
  6  4    (2)  The date after which the court denies the petition for
  6  5 waiver of notification consent and the decision is not
  6  6 appealed.
  6  7    (3)  The date after which the court denies the petition for
  6  8 waiver of notification consent, the decision is appealed, and
  6  9 all appeals are exhausted.
  6 10    p.  A person who knowingly violates the confidentiality
  6 11 requirements of this section relating to court proceedings and
  6 12 documents is guilty of a serious misdemeanor.
  6 13    Sec. 3.  Section 135L.6, Code 2003, is amended to read as
  6 14 follows:
  6 15    135L.6  FRAUDULENT PRACTICE.
  6 16    A person who does any of the following is guilty of a
  6 17 fraudulent practice in the fourth degree pursuant to section
  6 18 714.12:
  6 19    1.  Knowingly tenders a false original or copy of the
  6 20 signed and dated certification form described in section
  6 21 135L.2, to be retained by the licensed physician.
  6 22    2.  Knowingly A person who knowingly tenders a false
  6 23 original or copy of the notification consent document mailed
  6 24 to a parent or grandparent of the pregnant minor under this
  6 25 chapter, or a false original or copy of the order waiving
  6 26 notification consent relative to the performance of an
  6 27 abortion on a pregnant minor is guilty of a fraudulent
  6 28 practice in the fourth degree pursuant to section 714.12.
  6 29    Sec. 4.  Section 135L.7, subsection 1, Code 2003, is
  6 30 amended to read as follows:
  6 31    1.  With the exception of the civil liability which may
  6 32 apply to a grandparent of a pregnant minor who accepts
  6 33 notification under this chapter, a A person is immune from any
  6 34 liability, civil or criminal, for any act, omission, or
  6 35 decision made in connection with a good faith effort to comply
  7  1 with the provisions of this chapter.
  7  2    Sec. 5.  Section 135L.8, Code 2003, is amended to read as
  7  3 follows:
  7  4    135L.8  ADOPTION OF RULES == IMPLEMENTATION AND DOCUMENTS.
  7  5    The Iowa department of public health shall adopt rules to
  7  6 implement the notification consent procedures pursuant to this
  7  7 chapter including but not limited to rules regarding the
  7  8 documents necessary for notification obtaining consent of a
  7  9 parent or grandparent of a pregnant minor who is designated to
  7 10 receive notification provide consent under this chapter.
  7 11    Sec. 6.  Section 232.5, Code 2003, is amended to read as
  7 12 follows:
  7 13    232.5  ABORTION PERFORMED ON A MINOR == WAIVER OF
  7 14 NOTIFICATION CONSENT PROCEEDINGS.
  7 15    The court shall have exclusive jurisdiction over the
  7 16 proceedings for the granting of an order for waiver of the
  7 17 notification consent requirements relating to the performance
  7 18 of an abortion on a minor pursuant to section 135L.3.
  7 19    Sec. 7.  Section 135L.2, Code 2003, is repealed.
  7 20                           EXPLANATION
  7 21    This bill amends Code chapter 135L to require consent of a
  7 22 parent prior to the performance of an abortion on a minor.
  7 23 Current law requires notification of a parent at least 48
  7 24 hours prior to the performance of an abortion on a minor.  The
  7 25 bill provides that if a minor objects to the obtaining of
  7 26 consent of a parent, the minor may petition the court to waive
  7 27 the required obtaining of consent.  The requirement of
  7 28 obtaining consent does not apply if:  the abortion is
  7 29 authorized in writing by a parent from whom consent would
  7 30 otherwise be required; the pregnant minor's physician provides
  7 31 written certification that a medical emergency exists which
  7 32 necessitates the immediate performance of an abortion; the
  7 33 pregnant minor declares that she is a victim of child abuse;
  7 34 or the pregnant minor declares that she is a victim of sexual
  7 35 abuse.
  8  1    The bill provides that a person who knowingly tenders a
  8  2 false original or copy of the consent document or a false
  8  3 original or copy of the order waiving the consent requirement
  8  4 is guilty of a fraudulent practice in the fourth degree which
  8  5 is a serious misdemeanor which carries a penalty of a fine of
  8  6 at least $250 but not to exceed $1,500 and may in addition
  8  7 include imprisonment not to exceed one year.
  8  8    The bill also provides immunity from liability for a person
  8  9 acting in good faith compliance with the Code chapter.
  8 10 LSB 6114YH 80
  8 11 pf/gg/14