A07119 Summary:

Add S2507, Pub Health L; amd S213, add Art 10-D SS1097 - 1100, Fam Ct Act
Requires parental notice prior to the performance of an abortion upon an unemancipated minor; defines unemancipated minor as person less than eighteen years of age; allows for waiver of such notice in limited instances; establishes circumstances and procedures for proceedings to obtain an order waiving such parental notification.
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A07119 Actions:

04/24/2015referred to health
01/06/2016referred to health
05/10/2016held for consideration in health
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A07119 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     April 24, 2015
        Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
          tee on Health
        AN  ACT  to  amend  the  public  health law and the family court act, in
          relation to notice of abortions performed on unemancipated minors
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Legislative purpose and findings. It is the intent of this
     2  legislature in enacting this parental notice provision  to  further  the
     3  important  and  compelling  state interests of protecting minors against
     4  their own immaturity, fostering the family structure and  preserving  it
     5  as  a viable social unit, protecting the rights of parents to rear chil-
     6  dren who are members of their household, and protecting  the  health  of
     7  minor children.
     8    The  legislature  finds that immature minors often lack the ability to
     9  make fully-informed choices that take  account  of  both  immediate  and
    10  long-range  consequences  and that the medical, emotional and psycholog-
    11  ical consequences of abortion are serious and can  be  lasting,  partic-
    12  ularly  when the patient is immature. The legislature further finds that
    13  the capacity to become pregnant and the  capacity  for  mature  judgment
    14  concerning  the  wisdom  of an abortion are not necessarily related. The
    15  legislature finds that parents ordinarily possess information  essential
    16  to  a  physician's  exercise of his best medical judgment concerning the
    17  child and, further, that parents who are aware that their minor daughter
    18  has had an abortion may better ensure that she receives adequate medical
    19  attention after her  abortion.  The  legislature  concludes  then,  that
    20  parental  consultation  is usually desirable and in the best interest of
    21  the minor.
    22    § 2. The public health law is amended by adding a new section 2507  to
    23  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7119                             2
     1    §  2507.  Notification of abortions on unemancipated minors.  1. Defi-
     2  nitions. For the purposes of this  section,  the  following  definitions
     3  will apply:
     4    (a)  "unemancipated minor" means a person who has not attained the age
     5  of eighteen years and is not an emancipated minor as  defined  in  para-
     6  graph (b) of this subdivision.
     7    (b)  "emancipated  minor"  means  a  minor who is or has been lawfully
     8  married or has by court order or otherwise been  freed  from  the  care,
     9  custody and control of her parents.
    10    (c)  "abortion" means the use of any instrument, medicine, drug or any
    11  other substance or device with intent to terminate the  pregnancy  of  a
    12  woman known to be pregnant with intent other than to increase the proba-
    13  bility  of  a  live  birth,  to preserve the life or health of the child
    14  after live birth, or to remove a dead fetus.
    15    (d) "medical emergency" means that condition which, on  the  basis  of
    16  the physician's good faith clinical judgment, so complicates the medical
    17  condition of the pregnant minor as to necessitate the immediate abortion
    18  of her pregnancy to avert her death or for which delay will create seri-
    19  ous  risk  of  substantial and irreversible impairment of a major bodily
    20  function.
    21    2. Notification  concerning  abortion.  No  person  shall  perform  an
    22  abortion  upon  an  unemancipated  minor  unless he or she or his or her
    23  agent has given at least forty-eight hours written notice to a custodial
    24  parent with whom the minor resides or to the legal guardian of the preg-
    25  nant minor of his or her intention to perform the abortion or unless  he
    26  or  she  or  his  or  her agent has received a written statement or oral
    27  communication, by another physician, hereinafter called  the  "referring
    28  physician", certifying that the referring physician has effectuated such
    29  notice.  If the minor's parents are divorced or legally separated, and a
    30  custodial parent with whom the minor resides is  not  available  to  the
    31  person  performing  the abortion or the referring physician in a reason-
    32  able time or manner, then the notice to a non-custodial parent or to the
    33  parent who is available shall be sufficient.
    34    (a) The written notice shall be addressed to the parent or guardian at
    35  the usual place of  abode  of  the  parent  or  guardian  and  delivered
    36  personally to the parent or guardian by the physician or an agent.
    37    (b) In lieu of the delivery required by paragraph (a) of this subdivi-
    38  sion,  notice shall be made by certified mail addressed to the parent or
    39  guardian at the usual place of abode of  the  parent  or  guardian  with
    40  return receipt requested with restricted delivery to the addressee. Time
    41  of  delivery shall be deemed to occur at 12:00 o'clock noon on the third
    42  day after mailing.
    43    3. Waiver of notice. No notice shall be required  under  this  section
    44  if:
    45    (a)  the attending physician certifies in the pregnant minor's medical
    46  record that a medical emergency exists; or
    47    (b) the person or persons who are entitled to notice certify in  writ-
    48  ing that they have been notified; or
    49    (c)  the minor objects to notice being given her custodial parent with
    50  whom the minor resides or legal guardian and obtains an order issued  by
    51  a  judge  of the family court as provided in article ten-A of the family
    52  court act, or by any other judge or justice of this state having  juris-
    53  diction, dispensing with such notice.
    54    4.  Coercion  prohibited.  No  parent,  guardian or other person shall
    55  coerce a minor to undergo an abortion. Any minor who is threatened  with
    56  such coercion may apply to a court of competent jurisdiction for relief.

        A. 7119                             3
     1  The  court  shall  provide the minor with counsel, give the matter expe-
     2  dited consideration and grant such relief as may be necessary to prevent
     3  such coercion. Should a minor be denied financial support of her parents
     4  by reason of her refusal to undergo an abortion, she shall be considered
     5  emancipated for purposes of eligibility for assistance benefits.
     6    5.  Penalties.  Any person who intentionally performs an abortion with
     7  knowledge that, or with reckless disregard as  to  whether,  the  person
     8  upon whom the abortion is to be performed is an unemancipated minor, and
     9  who intentionally or knowingly violates the requirements of this section
    10  shall  be  guilty of a misdemeanor. In addition, any person who performs
    11  an abortion upon another in violation of this section shall  be  subject
    12  to  civil  liability.  However,  a person shall not be held liable under
    13  this section if the person establishes  by  written  evidence  that  the
    14  person  relied  upon evidence sufficient to convince a reasonable person
    15  that the representations of the  pregnant  minor  regarding  information
    16  necessary  to comply with this section are bona fide and true, or if the
    17  person has attempted with reasonable diligence to  deliver  notice,  but
    18  has been unable to do so.
    19    §  3. Paragraph (viii) of subdivision (a) of section 213 of the family
    20  court act, as amended by chapter 920 of the laws of 1982, is amended and
    21  a new paragraph (ix) is added to read as follows:
    22    (viii) the number, nature and disposition  of  cases  involving  child
    23  abuse  under  article  ten  of  this  act, including total number of new
    24  cases, their nature, whether heard by the child abuse part, the age  and
    25  sex  of  the  children  involved,  the type of petitioner, the number of
    26  children temporarily removed both before and after the filing of a peti-
    27  tion, the length of time and number of adjournments between  the  filing
    28  of a petition and the fact-finding hearing, the number of cases that are
    29  dismissed,  withdrawn, sustained and admitted to, the length of time and
    30  number of adjournments between the fact-finding hearing and the disposi-
    31  tional hearing, and the final disposition of such cases[.];
    32    (ix) the number and disposition of cases under article ten-D  of  this
    33  act,  including  the  total  number  of  new cases, the age of the minor
    34  involved, whether the orders  regarding  notification  were  based  upon
    35  findings  either  that  the  minors  were  mature  minors, as defined in
    36  section one thousand ninety-eight of this act or that the abortions,  as
    37  defined  in  section twenty-five hundred seven of the public health law,
    38  were in the best interests of the minors.
    39    § 4. The family court act is amended by adding a new article  10-D  to
    40  read as follows:
    41                                ARTICLE 10-D
    43                         NOTIFICATION OF AN ABORTION
    44  Section 1097. Purposes.
    45          1098. Definitions.
    46          1099. Jurisdiction.
    47          1100. Procedure.
    48    §  1097. Purposes. This article is intended to establish procedures to
    49  implement the provisions contained in section twenty-five hundred  seven
    50  of the public health law.
    51    §  1098.  Definitions.  When used in this article, the term "abortion"
    52  shall have the same meaning as is ascribed to it  in  paragraph  (c)  of
    53  subdivision  one  of  section  twenty-five  hundred  seven of the public
    54  health law and the term "mature minor" shall mean a person under the age
    55  of eighteen who has not been emancipated as defined in paragraph (b)  of
    56  subdivision  one  of  section  twenty-five  hundred  seven of the public

        A. 7119                             4
     1  health law and who is able to make an informed, reasoned and  considered
     2  judgment  in  connection  with a decision whether or not to proceed with
     3  the abortion.
     4    §  1099.  Jurisdiction. The family court has exclusive original juris-
     5  diction over proceedings under this article to obtain an  order  waiving
     6  parental notification of an abortion.
     7    § 1100. Procedure. Notwithstanding any other provision of law:
     8    1. The waiver of parental notification to an abortion upon or with the
     9  respect to an unemancipated minor may be obtained by order of a judge of
    10  the  family  court  in the county where such person resides or if she is
    11  not a resident of this state, in the county where the abortion is to  be
    12  performed, on application by such person or by a relative of such person
    13  or other interested party.
    14    2.  Such  court  proceedings  shall  be  commenced ex parte and may be
    15  commenced and continued without the payment of any fees. The court shall
    16  advise the minor that she has a right  to  court-appointed  counsel  and
    17  shall provide her with such counsel upon her request.
    18    3. Such application shall be given immediate consideration and a hear-
    19  ing  shall  be held immediately at which the person upon or with respect
    20  to whom the abortion is to be performed  shall  be  present.  The  court
    21  shall  issue written and specific factual findings and legal conclusions
    22  supporting its decision and shall order that a  confidential  record  of
    23  the  evidence be maintained. All proceedings with respect to such appli-
    24  cation, including an appeal therefrom, shall protect  the  anonymity  of
    25  the  minor.  Said  proceedings  shall  be sealed, and no person shall be
    26  allowed access to such sealed records except upon an order of a judge of
    27  the court in which the application was processed or of a justice of  the
    28  supreme  court  of  the  judicial  district,  and no such order shall be
    29  granted except on good cause shown.
    30    4. An order shall issue only upon finding by the court (a)  that  such
    31  person  presently  desires  to  submit  to  such abortion; (b) that such
    32  person is either a mature minor or that such abortion  is  in  the  best
    33  interest  of  such  person; and (c) that a previous application for such
    34  order has not been made and denied upon the same grounds. If  the  court
    35  so finds, the order must issue.
    36    5.  In  the  event  that  the court shall deny the application for the
    37  order, an expedited anonymous appeal shall be available to  such  appli-
    38  cant  to  the  appellate  division  of the supreme court of the judicial
    39  department in which the court which rendered the  decision  is  located.
    40  The  notice  of intent to appeal shall be filed within twenty-four hours
    41  from the date of issuance of the order. The record on  appeal  shall  be
    42  completed  and  the  appeal shall be perfected within five days from the
    43  filing of the notice to appeal.   Because time may  be  of  the  essence
    44  regarding  the  performance of the abortion, the supreme court shall, by
    45  court rule, provide for expedited appellate  review  of  cases  appealed
    46  under this section.
    47    6. The supreme court shall promulgate any rules and regulations neces-
    48  sary  to  ensure  that  proceedings under this section are handled in an
    49  expeditious and anonymous manner.
    50    7. The supreme court, in its discretion,  may  issue  such  other  and
    51  further lawful orders as it deems necessary to protect such person.
    52    §  5.  Separability.  If any clause, sentence, section or part of this
    53  act shall be adjudged by any  court  of  competent  jurisdiction  to  be
    54  invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
    55  remainder thereof, but shall be confined in its operation to the clause,

        A. 7119                             5
     1  sentence, paragraph, section or part thereof directly  involved  in  the
     2  controversy in which such judgment shall have been rendered.
     3    §  6.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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