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1995 SESSION

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SB 725 Parental notification for abortion.

Introduced by: Charles J. Colgan | all patrons    ...    notes | add to my profiles

SUMMARY:

Parental notification for abortion. Adds petitions for a minor's abortion to the jurisdiction of the juvenile (or family) courts. The bill requires a physician or his agent to give 24 hours' notice (in person or by telephone) of intent to perform an abortion on an unmarried, unemancipated minor to a parent or custodian or other family member 21 years of age or older of the minor under the age of 18. If the physician is unable to give 24 hours' notice in person or by telephone, he may perform the abortion with the consent of the minor 72 hours after mailing a notice to the parent or custodian or other family member 21 years of age or older, return receipt requested. The notice provisions do not apply if (i) one of the persons entitled to be notified is present or has consented in writing, (ii) the minor claims to be abused or neglected and the doctor reports the abuse or neglect, (iii) the physician certifies that an expeditious procedure is necessary to prevent the minor's death or substantial impairment of a major bodily function, or (iv) judicial authorization for the procedure has been obtained. "Family member" is defined as a parent, stepparent, grandparent, brother or sister. A physician who performs an abortion without complying with the notice or judicial authorization procedures is guilty of a Class 3 misdemeanor. The bill prescribes procedures for an expedited (within four days), confidential hearing before the juvenile (or family) court. The court may appoint a guardian ad litem and, if requested by the minor, shall appoint an attorney for her. The judge may authorize the procedure if she is found to be (i) not mature but the procedure is in her best interest or (ii) mature and capable of giving her informed consent. The decision to allow the abortion is not appealable. If judicial consent is denied, an expedited (within five days) confidential appeal is to be made available.


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