AN ACT Relating to parental and judicial consent for abortions; adding new sections to chapter 9.02 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. For purposes of sections 2 through 6 of this act the following definitions will apply:

(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 or otherwise been freed from the care, custody, and control of her parents;

(3) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

NEW SECTION. Sec. 2. The legislature finds as follows: (1) The medical, emotional, and psychological consequences of an abortion are serious and can be lasting, particularly when the patient is an immature minor; (2) the capacity to become pregnant and the capacity for exercising mature judgment concerning wisdom of an abortion are not logically related; (3) minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences of their actions; (4) parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning a minor child; and (5) parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention subsequent to her abortion.

NEW SECTION. Sec. 3. (1) Except in a medical emergency requiring immediate medical attention, no abortion shall be performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian.

(2) If one or both of an unemancipated pregnant minor's parents or her guardian refuse to consent to the performance of an abortion, or if the minor elects not to seek the consent of one or both of her parents or guardian, an unemancipated pregnant minor may file a petition with the juvenile court. If, pursuant to this section, a minor seeks a petition, the court shall assist the minor or person designated by the minor in preparing the petition and notices required pursuant to this section. The petition shall set forth with specificity the minor's reasons for the request. The court shall ensure that the minor's identity is anonymous. The minor may file the petition using only her initials or a pseudonym. An unemancipated pregnant minor may participate in the proceedings in juvenile court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court-appointed counsel upon request. The hearing shall be set within three days of the filing of the petition. A notice shall be given to the minor of the date, time, and place of the hearing on the petition. Court proceedings under sections 2 through 6 of this act shall be anonymous.

(3) At the hearing on the minor's petition brought pursuant to subsection (2) of this section for the authorization of an abortion, the court shall consider all evidence duly presented, and order either of the following:

(a) If the court finds that the minor is mature and informed enough to make a decision on her own regarding an abortion, and that the minor has, on that basis, consented thereto, the court shall grant the petition.

(b) If the court finds that the minor is not mature and informed enough to make the decision on her own regarding an abortion, the court shall then consider whether the performance of the abortion would be in the minor's best interests. If the court finds that the performance of the abortion would be in the minor's best interest, the court shall grant the petition ordering the performance of the abortion without consent of, or notice to, the parents or guardian. If the court finds that the performance of the abortion is not in the minor's best interests, the court shall deny the petition.

(4) The juvenile court shall issue written findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence be maintained. Judgment shall be entered within one court day of submission of the matter.

(5) The minor may appeal the judgment of the juvenile court by filing a written notice of appeal with the juvenile court at any time after the entry of the judgment. The supreme court is requested to prescribe by rule, the practice and procedure on appeal and the time and manner in which any record on appeal shall be prepared and filed. These procedures shall require that the notice of the date, time, and place of hearing, which shall be set within five court days of the filing of notice of appeal, shall be mailed to the parties by the clerk of the court. The appellate court shall ensure that the minor's identity is anonymous. The minor may file the notice of appeal using only her initials or a pseudonym. Judgment on appeal shall be entered within one court day of the conclusion of the matter.

(6) No fees or costs incurred in connection with the procedures required by this section shall be chargeable to the minor or her parents, or either of them, or to her legal guardian.

NEW SECTION. Sec. 4. (1) When it appears to the court that the minor or her parent or guardian desires counsel, but is unable to afford it and, for that reason, cannot employ counsel, the court may appoint counsel.

(2) In any case arising under section 3 of this act, the court shall appoint counsel for the minor. In any other case in which it appears that the minor would benefit from the appointment of counsel, the court shall appoint counsel for the minor. Counsel for the minor may be a deputy prosecuting attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interest may conflict with the minor's interest. The court shall determine if representation of both the petitioning agency and the minor constitutes a conflict of interest. If the court finds there is a conflict of interest, separate counsel shall be appointed for the minor. The court may fix the compensation to be paid by the county for the services of appointed counsel, if the counsel is not a deputy prosecuting attorney or public defender.

(3) The counsel appointed by the court shall represent the minor at the hearing brought pursuant to section 3 of this act and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the minor unless relieved by the court upon the substitution of other counsel or for cause.

(4) The counsel for the minor shall be charged in general with the representation of the minor's interests. To that end, counsel shall make such further investigations as counsel deems necessary to ascertain the facts, including the interviewing of witnesses. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the minor's welfare, and participate further in the proceedings to the degree necessary to adequately represent the minor. Counsel shall interview the minor to determine the minor's wishes and to assess the minor's well-being. The court shall take whatever appropriate action is necessary to fully protect the interests of the minor.

(5) Counsel for the minor shall be given access to all records relevant to the case which are maintained by state or local public agencies. Counsel shall be given access to records maintained by hospitals or by other medical or nonmedical practitioners or by child care custodians.

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

NEW SECTION. Sec. 6. Any person who intentionally performs an abortion with knowledge that the person on whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of this act, shall be guilty of a misdemeanor.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 9.02 RCW.

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. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.