SENATE BILL REPORT

SB 5069

BYSenators Smith, Stratton, Craswell and Amondson

Concerning parental consent for abortions.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 19, 1989; February 24, 1989

Majority Report:  Do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Stratton.

Minority Report:  Do not pass.

      Signed by Senators Bailey, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  February 27, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 6, 1989

Senate Staff:Jan Sharar (786-7715)

                  March 6, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 24, 1989

BACKGROUND:

Under the law, a pregnant teenager can obtain an abortion without parental consent or notification.  The concern is that many of these teens are making decisions about abortions without sufficient information or maturity.  As a result, teenage suicides and medical complications caused by the abortion occur.  Requiring the minor to obtain parental or judicial consent before obtaining an abortion will ensure that the abortion is in the best interests of the pregnant teenager.

SUMMARY:

No person can perform an abortion on an unemancipated minor unless the minor and one of her parents or guardians consents in writing.  Consent of the parent or guardian is not necessary if there is a medical emergency requiring immediate medical attention.

If the parent or guardian refuses to consent to the abortion or the minor chooses not to seek her parents' or guardians' consent, the minor must obtain judicial consent before the abortion can be performed.  A hearing on the petition for judicial consent for abortion must be held within three days of the filing of the petition.  The court must make a decision on the petition within one day after the matter is concluded.

If, after hearing the evidence presented, the court determines that the minor is sufficiently mature and informed to make the abortion decision, the court must grant the petition.

If the court determines that the minor is not sufficiently mature or informed to make the decision on her own, the court must grant the petition if it finds that the abortion would be in the child's best interest.  If the court determines that the abortion would not be in the minor's best interest, then the court must deny the petition.

There is an accelerated appeal process if the minor wishes to appeal the court's decision.

It is a misdemeanor for any person to intentionally perform an abortion on a person with knowledge that the person is an unemancipated minor and to intentionally or knowingly fail to conform to the requirements of this act.

Neither the minor nor her parents or guardians shall be required to pay any costs or fees in connection with this procedure.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: CHILDREN & FAMILY SERVICES:  Edward Dolejsi, Washington State Catholic Conference (pro); Susan Shaul, psychologist (con); Julie Gonzales, Seattle Crisis Pregnancy Center (pro); Linda Averill, Radical Women (con); Sue Lilgenberg (pro); Cynthia Gillespie, NW Women's Law Center (con); Pam Jenkins, Thurston County Crisis Pregnancy Center (pro)