135L.3 - NOTIFICATION OF PARENT PRIOR TO THE PERFORMANCE OF ABORTION ON A PREGNANT MINOR -- REQUIREMENTS -- CRIMINAL PENALTY.
135L.3 NOTIFICATION OF PARENT PRIOR TO THE
PERFORMANCE OF ABORTION ON A PREGNANT MINOR -- REQUIREMENTS --
CRIMINAL PENALTY.
1. A licensed physician shall not perform an abortion on a
pregnant minor until at least forty-eight hours' prior notification
is provided to a parent of the pregnant minor.
2. The licensed physician who will perform the abortion shall
provide notification in person or by mailing the notification by
restricted certified mail to a parent of the pregnant minor at the
usual place of abode of the parent. For the purpose of delivery by
restricted certified mail, the time of delivery is deemed to occur at
twelve o'clock noon on the next day on which regular mail delivery
takes place, subsequent to the mailing.
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
court-appointed 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
notwithstanding section 232.147 or any other provision to the
contrary, all court documents pertaining to the proceedings shall
remain confidential and shall be sealed. 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 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.
i. A pregnant minor who chooses to utilize the waiver of
notification procedures under this section shall not be required to
pay a fee at any level of the proceedings. Fees charged and court
costs taxed in connection with a proceeding under this section are
waived.
j. If the court denies the petition for waiver of
notification and if the decision is not appealed or all appeals are
exhausted, the court shall advise the pregnant minor that, upon the
request of the pregnant minor, the court will appoint a licensed
marital and family therapist to assist the pregnant minor in
addressing any intrafamilial problems. All costs of services
provided by a court-appointed licensed marital and family therapist
shall be paid by the court through the expenditure of funds
appropriated to the judicial branch.
k. Venue for proceedings under this section is in any court
in the state.
l. The supreme court shall prescribe rules to ensure that the
proceedings under this section are performed in an expeditious and
confidential manner. The rules shall require that the hearing on the
petition shall be held and the court shall rule on the petition
within forty-eight hours of the filing of the petition. If the court
fails to hold the hearing and rule on the petition within forty-eight
hours of the filing of the petition and an extension is not
requested, the petition is deemed granted and waiver of the
notification requirements is deemed authorized. The court shall
immediately provide documentation to the pregnant minor and to the
pregnant minor's legal counsel if the pregnant minor is represented
by legal counsel, demonstrating that the petition is deemed granted
and that waiver of the notification requirements is deemed
authorized. Resolution of a petition for authorization of waiver of
the notification requirement shall be completed within ten calendar
days as calculated from the day after the filing of the petition to
the day of issuance of any final decision on appeal.
m. The requirements of this section regarding notification of
a parent of a pregnant minor prior to the performance of an abortion
on a pregnant minor do not apply if any of the following applies:
(1) The abortion is authorized in writing by a parent entitled to
notification.
(2) (a) The pregnant minor declares, in a written statement
submitted to the attending physician, a reason for not notifying a
parent and a reason for notifying a grandparent of the pregnant minor
in lieu of the notification of a parent. Upon receipt of the written
statement from the pregnant minor, the attending physician shall
provide notification to a grandparent of the pregnant minor,
specified by the pregnant minor, in the manner in which notification
is provided to a parent.
(b) The notification form shall be in duplicate and shall include
both of the following:
(i) A declaration which informs the grandparent of the pregnant
minor that the grandparent of the pregnant minor may be subject to
civil action if the grandparent accepts notification.
(ii) A provision that the grandparent of the pregnant minor may
refuse acceptance of notification.
(3) The pregnant minor's attending physician certifies in writing
that a medical emergency exists which necessitates the immediate
performance of an abortion, and places the written certification in
the medical file of the pregnant minor.
(4) The pregnant minor declares that the pregnant minor is a
victim of child abuse pursuant to section 232.68, the person
responsible for the care of the child is a parent of the child, and
either the abuse has been reported pursuant to the procedures
prescribed in chapter 232, division III, part 2, or a parent of the
child is named in a report of founded child abuse. The department of
human services shall maintain confidentiality under chapter 232 and
shall not release any information in response to a request for public
records, discovery procedures, subpoena, or any other means, unless
the release of information is expressly authorized by the pregnant
minor regarding the pregnant minor's pregnancy and abortion, if the
abortion is obtained. A person who knowingly violates the
confidentiality provisions of this subparagraph is guilty of a
serious misdemeanor.
(5) The pregnant minor declares that the pregnant minor is a
victim of sexual abuse as defined in chapter 709 and has reported the
sexual abuse to law enforcement.
n. A licensed physician who knowingly performs an abortion in
violation of this section is guilty of a serious misdemeanor.
o. All records and files of a court proceeding maintained
under this section shall be destroyed by the clerk of court when one
year has elapsed from any of the following, as applicable:
(1) The date that the court issues an order waiving the
notification requirements.
(2) The date after which the court denies the petition for waiver
of notification and the decision is not appealed.
(3) The date after which the court denies the petition for waiver
of notification, the decision is appealed, and all appeals are
exhausted.
p. A person who knowingly violates the confidentiality
requirements of this section relating to court proceedings and
documents is guilty of a serious misdemeanor. Section History: Recent Form
96 Acts, ch 1011, § 4, 14; 96 Acts, ch 1174, § 2; 97 Acts, ch 173,
§ 3--11; 98 Acts, ch 1047, §17
Referred to in § 232.5, 602.8102(31)