442.2555 - Procedure if district court denies request for authorization for abortion: Petition; hearing on merits; appeal.
442.2555 Procedure if district court denies request for authorization for abortion: Petition; hearing on merits; appeal.
1. If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary. The compensation and expenses of the attorney are a charge against the county as provided in the following schedule:
(a) For consultation, research and other time reasonably spent on the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the initials of the minor, the age of the minor, the estimated number of weeks elapsed from the probable time of conception, and whether maturity, emancipation, notification detrimental to the minor’s best interests or a combination thereof are relied upon in avoidance of the notification required by NRS 442.255. The petition must be initialed by the minor.
3. A hearing on the merits of the petition, on the record, must be held as soon as possible and within 5 judicial days after the filing of the petition. At the hearing the court shall hear evidence relating to:
(a) The minor’s emotional development, maturity, intellect and understanding;
(b) The minor’s degree of financial independence and degree of emancipation from parental authority;
(c) The minor’s best interests relative to parental involvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find useful in determining whether the minor is entitled to avoid parental notification.
4. In the decree, the court shall, for good cause:
(a) Grant the petition, and give judicial authorization to permit a physician to perform an abortion without the notification required in NRS 442.255; or
(b) Deny the petition, setting forth the grounds on which the petition is denied.
5. An appeal from an order issued under subsection 4 may be taken to the Supreme Court, which shall suspend the Nevada Rules of Appellate Procedure pursuant to N.R.A.P. 2 to provide for an expedited appeal. The notice of intent to appeal must be given within 1 judicial day after the issuance of the order. The record on appeal must be perfected within 5 judicial days after the filing of the notice of appeal and transmitted to the Supreme Court. The Court, shall, by court order or rule, provide for a confidential and expedited appellate review of cases appealed under this section.
(Added to NRS by 1985, 2306)