H-352                _______________________________________________

 

                                                    HOUSE BILL NO. 164

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Fuhrman, Ballard, Hargrove, L. Smith, Chandler, Bristow, Patrick, Gallagher, Barrett, Dobbs, van Dyke, Van Luven, Bond, B. Williams, Isaacson, Hastings and  J. Williams

 

 

Read first time 1/23/85 and referred to Committee on Social & Health Services.

 

 


AN ACT Relating to parental consent for abortions; adding a new chapter to Title 70 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     (1) It is the intent of the legislature to further the important and compelling state interests of:  (a) Protecting minors against their own immaturity; (b) fostering the family structure and preserving it as a viable social unit; and (c) protecting the rights of parents to rear children who are members of their household.

          (2) The legislature finds that:  (a) Immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences; (b) the medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature; (c) the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; (d) parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the child; and (e) parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion.  The legislature further finds that parental consultation is usually desirable and in the best interests of the minor.

 

          NEW SECTION.  Sec. 2.     For purposes of this chapter, the following terms have the following meanings:

          (1) "Minor" means any person under the age of eighteen;

          (2) "Emancipated minor" means any minor who is or has been married, or has by court order otherwise been freed from the care, custody, and control of her parents;

          (3) "Abortion" means the use of any instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant.

 

          NEW SECTION.  Sec. 3.     (1) No person may perform an abortion upon an unemancipated minor unless the person, or his or her agent, or the referring physician, or his or her agent, first obtains the signed and notarized consent of both parents, or the legal guardian of the pregnant minor.

          (2) If the minor's parents are divorced, or one parent is not available to the person performing the abortion, or his or her agent, or the referring physician, or his or her agent, in a reasonable time or manner, then the signed and notarized consent of the parent with custody, or of the parent who is available shall be sufficient.

          (3) If neither of the parents nor the legal guardian is available to the person performing the abortion, or his or her agent, or the referring physician, or his or her agent, within a reasonable time or manner, or the parties from whom consent must be obtained pursuant to this section refuse to consent to the performance of an abortion, or the minor elects not to seek consent of those whose consent is required, then the pregnant minor may petition, on her own behalf or by next friend, the superior court of any county of this state for a waiver of the consent requirement of this section pursuant to the procedures of section 4 of this act.

 

          NEW SECTION.  Sec. 4.     (1) The requirements and procedures under this chapter are available and apply to minors whether or not they are residents of this state.  The basic juvenile court act, chapter 13.04 RCW, shall not apply to proceedings or procedures conducted under this chapter.

          (2) The court shall ensure that the minor or her next friend is given assistance in preparing and filing the petition, and shall ensure that the minor's identity is kept confidential.

          (3) The minor may participate in proceedings in the court on her own behalf, and the court shall appoint a guardian ad litem for her.  The court shall advise her that she has a right to court-appointed counsel and shall provide her with such counsel upon her request.

          (4) Court proceedings under this section shall be confidential and shall be given such precedence over other pending matters as is necessary to ensure that the court may reach a decision promptly, but in no case may the court fail to rule within forty-eight hours of the time of application, unless extended at the request of the minor.

          (5) The consent requirement shall be waived if the court finds either:

          (a) That the minor is mature and well-informed enough to make the abortion decision on her own; or

          (b) That the performance of the abortion would be in the minor's best interests.

          (6) A court that conducts proceedings under this section shall issue written and specific findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence be maintained.

          (7) An expedited confidential appeal shall be available, as the supreme court shall provide by rule, to any minor or guardian ad litem, but in no case may the court of appeals fail to rule within seven days of the time that notice of appeal has been filed, unless extended at the request of the minor.

          (8) The supreme court is requested to adopt any rules necessary to ensure that proceedings under this chapter are handled in an expeditious and confidential manner.

          (9) No fees may be required of any minor who avails herself of the procedures provided by this section.

 

          NEW SECTION.  Sec. 5.     The requirements of section 3 of this act shall not apply when, in the best medical judgment of a physician based on the facts of the particular case, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion.

 

          NEW SECTION.  Sec. 6.     To develop statistical data relating to the protection of parental rights and to the protection of pregnant minors, a report shall be filed with the department of social and health services on a form prescribed by the department whenever an abortion is performed upon an unemancipated minor.  The report shall be signed by the physician who performed the abortion and shall be transmitted to the department no later than ten days following the end of the month in which the abortion is performed.  The report forms shall not identify the minor by name but by an individual number to be noted in the patient's permanent record in the possession of the physician.

          The report shall indicate that consent was obtained in accordance with the requirements of section 3(1) of this act or, if not so obtained, shall indicate:

          (1) That consent was obtained pursuant to section 3(2) of this act;

          (2) That consent was not necessary because the minor obtained waiver of consent pursuant to section 3(3) of this act; or

          (3) That consent was not necessary pursuant to the medical emergency exception of section 5 of this act.

          If consent was not necessary pursuant to the medical emergency exception of section 5 of this act, the report shall also indicate the medical indications on which the physician's judgment was based.

          The department shall adopt rules necessary to secure the confidentiality of the minor patient and her parents.  The department shall report annually to the legislature all statistical data gathered under this chapter and shall report any recommendations that it has to further the purposes of this chapter.

 

          NEW SECTION.  Sec. 7.     Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally, knowingly, or recklessly fails to conform to any requirement of this chapter is guilty of a gross misdemeanor.

 

          NEW SECTION.  Sec. 8.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 9.     Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.