GACC is an affiliate of the National Association of Counsel for ChildrenJane Okrasinski
Executive Director
Email: jane@gaccchildlaw.org
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Child Attorney Trial Notebook for Deprivation Cases in Georgia’s Juvenile Courts |
Mary
Hermann Child Attorney Consultant Carl Vinson Institute of Government |
For
print copies, please contact the Supreme Court of Georgia's Committee
on Justice for Children www.gajusticeforchildren.org Phone: 404.657.9219 |
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Authority |
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Purpose |
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Pleadings |
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Parties |
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Notice |
NONE |
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Right to Attorney |
Child is appointed a Guardian Ad Litem; some Clinics provide an attorney to assist child through process |
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Std of Proof |
Clear & Convincing |
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Jurisdiction |
Juvenile Court |
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Venue |
Any county in state |
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Timing |
Within 3 days of filing, excluding weekends / holidays |
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Decision Points |
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Documents |
Proof of pregnancy |
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Order |
Order must be issued within 24 hours of hearing |
15-11-112. Notice of abortion on unemancipated minor; hearing.
(a) No physician or other person shall perform an abortion upon an un-emancipated minor under the age of 18 years unless:
(1) (A) The minor seeking an abortion shall furnish a statement, signed by a parent, guardian, or person standing in loco parentis and such minor, stating that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such minor; or
(B) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; or
(C) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; and
(2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion.
(b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, notwithstanding Code Section 15-11-29.
15-11-113. Time and notice of hearing.
Notwithstanding Code Sections 15-11-38, 15-11-38.1, and 15-11-39, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-114. Conduct of hearing; appeal.
(a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
(c) The notification requirement of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent, guardian, or person standing in loco parentis; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.
(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-115. Applicability to nonresidents.
The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-116. Medical emergency.
This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Immunity of health care provider acting in good faith.
Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Penalty.
Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor.
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REPORT OF THE GUARDIAN AD LITEM Parental Notification
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In the Matter of (Initials Only)
Date of Procedure:
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SEX |
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DOB |
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Clinic: |
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1. Has the minor's pregnancy been confirmed? YES NO Date of Exam Length of Pregnancy
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2. Have abortion procedures been explained and understood? YES NO Have minor explain risks/procedures:
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3. Did the clinic advise the minor of any additional risks to her health as a result of the minor's medical history? YES NO EXPLAIN:
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4. Have aftercare procedures been explained and understood? YES NO EXPLAIN:
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5. Does the minor understand what to do if complications occur? YES NO EXPLAIN: |
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6. Has the minor been informed as to possible emotional and psychological problems she may experience after the abortion? YES NO EXPLAIN: |
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7. Has the minor been counseled as to methods of contraception/protection against sexually transmitted diseases? YES NO EXPLAIN: |
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8. Does the minor understand the clinic's informed consent form including the statement regarding the physician's liability? YES NO EXPLAIN: |
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9. Has the minor previously had an abortion? YES NO Date: CLINIC: Complications? Parents informed? YES NO |
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10. Has the minor received counseling regarding pregnancy alternatives (abortion, adoption, marriage, single parenthood)? YES NO |
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11. What are the minor's reasons for choosing not to inform her parent/custodian?
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12. Has the minor received any previous instruction/counseling on the subject of abortion (e.g., school, church)? YES NO EXPLAIN:
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13. Does the minor live with her parents? YES NO City County If not, with whom does she live? |
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14. What is the minor's source of financial support?
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15. How is the minor financing the abortion?
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16. Is the minor attending school? YES NO Grade Level Average Grades |
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17. Is the minor employed? YES NO PLACE OF EMPLOYMENT/JOB TITLE:
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18. Does the minor wish to have an abortion? YES NO
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19. Has the minor been coerced by any party in making this decision? YES NO How long has the minor been considering this decision? What are the minor's plans for the future? |
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20. State any additional information the minor wishes to bring to the Court's attention relating to the proposed abortion/decision not to notify her parents/custodian:
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RECOMMENDATION OF THE GUARDIAN AD LITEM
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1. The minor appears mature and capable of giving informed consent to the abortion as indicated by:
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2. It would not be in the best interest of this minor to notify her parents/custodian of her decision to have an abortion because
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3. It is not recommended that an order granting parental notification bypass be granted because
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ADDITIONAL COMMENTS:
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Guardian Ad Litem Attorney:_______________________________________ Date: __________________________________ |
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RULES OF JUVENILE COURTS
23. PARENTAL NOTIFICATION OF ABORTION
23.1 Style of the Case.
The petition and all other documents in a proceeding under Article 3, Chapter 11, Title 15 of the Official Code of Georgia, shall be as provided for in Rule 6.4 relating to cases under appeal.
23.2 Appointment of Guardian Ad Litem.
Whenever an unemancipated minor petitions the court for relief under Article 3, Chapter 11, Title 15 of the Official Code of Georgia, the court shall appoint a guardian ad litem to protect the interests of the unemancipated minor.
23.3 Relation to Other Uniform Rules.
All rules in conflict with the provisions of Article 3, Chapter 11, Title 15 of the Official Code of Georgia are subrogated to the provisions of that article for the purpose of implementing the intent of the article.
23.4 Hearing Conducted by Judge.
In order to insure the expeditious disposition of the procedures, the hearing provided for in O.C.G.A. § 15-11-113 shall be conducted by a judge in all instances.
23.5 Notification of Hearing.
The unemancipated minor, her attorney or next friend shall be notified of the date, time, and place of the hearing in proceedings under this article at the time of the filing of the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. Upon filing the petition, the clerk shall provide a certified copy thereof to the unemancipated minor, her attorney or next friend with the date, time, and place of the hearing recorded thereon.
23.6 Court Order.
Upon conclusion of the hearing to be held pursuant to O.C.G.A. § 15-11- 113, the court shall issue a written order stating specific factual findings and legal conclusions supporting its decision. The order shall be styled in the same manner as the petition and shall contain a physical description of the unemancipated minor for purposes of identifying the unemancipated minor to the physician who is asked to perform the abortion. The court shall prepare a certified copy of the order which shall be furnished only to the unemancipated minor, her attorney or next friend within 24 hours of the hearing. In the event that no hearing is held or more than 24 hours have elapsed since the time of the hearing and the court has not entered an order, the unemancipated minor may request the Clerk of Court to issue a certificate indicating such.
23.7 Record and Transcript.
The name of the unemancipated minor shall not appear in any public record, including the transcript of the hearing provided for in Rule 23.4. Should reference be made to the unemancipated minor, the clerk shall obliterate or render illegible the name and substitute initials.
23.8 Disclosure of Information Generally.
The court shall not disclose any information concerning a case arising under Article 3, Chapter 11, Title 15 of the Official Code of Georgia, or permit access to any such file except to the unemancipated minor who is the subject of the proceeding, the next friend, or the unemancipated minor's attorney.
23.9 Disclosure of Information on Appeal.
In the event of an expedited appeal as provided for in O.C.G.A. § 15-11-114(e), the juvenile court shall insure complete anonymity of the unemancipated minor by using her initials only to identify her in the complete record sent to the appellate court and shall not disclose her name, address, birth date or social security number in any part of the record.
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| "Protecting children and
promoting their well-being through excellence in courtroom advocacy." |
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GACC is an affiliate of the National Association of Counsel for Children |
GACC Jane Okrasinski Executive Director Email: jane@gaccchildlaw.org |