Bill Text: OH SB242 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To revise the procedures governing a hearing by which a court may permit a pregnant minor to consent to an abortion or by which a court may give judicial consent for a pregnant minor to have an abortion and to require a court to make its findings with respect to such a hearing by clear and convincing evidence.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Engrossed - Dead) 2010-05-27 - Passed 3rd Consideration House [SB242 Detail]

Download: Ohio-2009-SB242-Engrossed.html

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As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Am. S. B. No. 242

Senators Grendell, Gillmor 

Cosponsors: Senators Buehrer, Schaffer, Husted, Seitz, Widener, Faber, Schuring, Carey, Cates, Gibbs, Harris, Hughes, Jones, Patton, Wagoner 

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A BILL

To amend section 2919.121 of the Revised Code to

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revise the procedures governing a hearing by which

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a court may permit a pregnant minor to consent to

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an abortion or by which a court may give judicial

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consent for a pregnant minor to have an abortion

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and to require a court to make its findings with

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respect to such a hearing by clear and convincing

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evidence.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2919.121 of the Revised Code be	9
amended to read as follows:	10

Sec. 2919.121.  (A) For the purpose of this section, a minor	11
shall be considered "emancipated" if the minor has married,	12
entered the armed services of the United States, become employed	13
and self-subsisting, or has otherwise become independent from the	14
care and control of her parent, guardian, or custodian.	15

(B) No person shall knowingly perform or induce an abortion	16
upon a pregnant minor unless one of the following is the case:	17

(1) The attending physician has secured the informed written	18
consent of the minor and one parent, guardian, or custodian;	19

(2) The minor is emancipated and the attending physician has	20
received her written informed consent;	21

(3) The minor has been authorized to consent to the abortion	22
by a court order issued pursuant to division (C) of this section,	23
and the attending physician has received her informed written	24
consent;	25

(4) The court has given its consent in accordance with	26
division (C) of this section and the minor is having the abortion	27
willingly.	28

(C) The right of a minor to consent to an abortion under	29
division (B)(3) of this section or judicial consent to obtain an	30
abortion under division (B)(4) of this section may be granted by a	31
court order pursuant to the following procedures:	32

(1) The minor or next friend shall make an application to the	33
juvenile court of the county in which the minor has a residence or	34
legal settlement, the juvenile court of any county that borders	35
the county in which she has a residence or legal settlement, or	36
the juvenile court of the county in which the facility in which	37
the abortion would be performed or induced is located. The	38
juvenile court shall assist the minor or next friend in preparing	39
the petition and notices required by this section. The minor or	40
next friend shall thereafter file a petition setting forth all of	41
the following: the initials of the minor; her age; the names and	42
addresses of each parent, guardian, custodian, or, if the minor's	43
parents are deceased and no guardian has been appointed, any other	44
person standing in loco parentis of the minor; that the minor has	45
been fully informed of the risks and consequences of the abortion;	46
that the minor is of sound mind and has sufficient intellectual	47
capacity to consent to the abortion; that the minor has not	48
previously filed a petition under this section concerning the same	49
pregnancy that was denied on the merits; that, if the court does	50
not authorize the minor to consent to the abortion, the court	51
should find that the abortion is in the best interests of the	52
minor and give judicial consent to the abortion; that the court	53
should appoint a guardian ad litem; and if the minor does not have	54
private counsel, that the court should appoint counsel. The	55
petition shall be signed by the minor or the next friend.	56

(2)(a) A hearing on the merits shall be held on the record as	57
soon as possible within five days of filing the petition. If the	58
minor has not retained counsel, the court shall appoint counsel at	59
least twenty-four hours prior to the hearing. The court shall	60
appoint a guardian ad litem to protect the interests of the minor	61
at the hearing. If the guardian ad litem is an attorney admitted	62
to the practice of law in this state, the court may appoint the	63
guardian ad litem to serve as the minor's counsel. At the hearing,	64
the court shall heardo all of the following:	65

(i) Hear evidence relating to the emotional development,	66
maturity, intellect, and understanding of the minor; the nature,	67
possible consequences, and alternatives to the abortion; and any	68
other evidence that the court may find useful in determining	69
whether the minor should be granted the right to consent to the	70
abortion or whether the abortion is in the best interests of the	71
minor;	72

(ii) Specifically inquire about the minor's understanding of	73
the possible physical and emotional complications of abortion and	74
how the minor would respond if the minor experienced those	75
complications after the abortion;	76

(iii) Specifically inquire about the extent to which anyone	77
has instructed the minor on how to answer questions and on what	78
testimony to give at the hearing.	79

If(b) If the minor or her counsel fail to appear for a	80
scheduled hearing, jurisdiction shall remain with the judge who	81
would have presided at the hearing.	82

(3) If the court finds by clear and convincing evidence that	83
the minor is sufficiently mature and well enough informed to	84
decide intelligently whether to have an abortion, the court shall	85
grant the petition and permit the minor to consent to the	86
abortion.	87

If the court finds by clear and convincing evidence that the	88
abortion is in the best interests of the minor, the court shall	89
give judicial consent to the abortion, setting forth the grounds	90
for its finding.	91

If the court does not make either of the findings specified	92
in division (C)(3) of this section, the court shall deny the	93
petition, setting forth the grounds on which the petition is	94
denied.	95

The court shall issue its order not later than twenty-four	96
hours after the end of the hearing.	97

(4) No juvenile court shall have jurisdiction to rehear a	98
petition concerning the same pregnancy once a juvenile court has	99
granted or denied the petition.	100

(5) If the petition is granted, the informed consent of the	101
minor, pursuant to a court order authorizing the minor to consent	102
to the abortion, or judicial consent to the abortion, shall bar an	103
action by the parents, guardian, or custodian of the minor for	104
battery of the minor against any person performing or inducing the	105
abortion. The immunity granted shall only extend to the	106
performance or inducement of the abortion in accordance with this	107
section and to any accompanying services that are performed in a	108
competent manner.	109

(6) An appeal from an order issued under this section may be	110
taken to the court of appeals by the minor. The record on appeal	111
shall be completed and the appeal perfected within four days from	112
the filing of the notice of appeal. Because the abortion may need	113
to be performed in a timely manner, the supreme court shall, by	114
rule, provide for expedited appellate review of cases appealed	115
under this section.	116

(7) All proceedings under this section shall be conducted in	117
a confidential manner and shall be given such precedence over	118
other pending matters as will ensure that the court will reach a	119
decision promptly and without delay.	120

The petition and all other papers and records that pertain to	121
an action commenced under this section shall be kept confidential	122
and are not public records under section 149.43 of the Revised	123
Code.	124

(8) No filing fee shall be required of or court costs	125
assessed against a person filing a petition under this section or	126
appealing an order issued under this section.	127

(9) Nothing in division (C) of this section shall constitute	128
a waiver of any testimonial privilege provided under the Revised	129
Code or at common law.	130

(D) It is an affirmative defense to any civil, criminal, or	131
professional disciplinary claim brought under this section that	132
compliance with the requirements of this section was not possible	133
because an immediate threat of serious risk to the life or	134
physical health of the minor from the continuation of her	135
pregnancy created an emergency necessitating the immediate	136
performance or inducement of an abortion.	137

(E) Whoever violates division (B) of this section is guilty	138
of unlawful abortion, a misdemeanor of the first degree. If the	139
offender previously has been convicted of or pleaded guilty to a	140
violation of this section, unlawful abortion is a felony of the	141
fourth degree.	142

(F) Whoever violates division (B) of this section is liable	143
to the pregnant minor and her parents, guardian, or custodian for	144
civil, compensatory, and exemplary damages.	145

Section 2. That existing section 2919.121 of the Revised Code	146
is hereby repealed.	147