Conduct of Hearing; Appeal

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Parental Notification Act
  6. Conduct of Hearing; Appeal

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  1. An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
  2. All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
  3. The requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-682 shall be waived if the court finds either:
    1. That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent or guardian; or
    2. That the notice to a parent or, if the unemancipated minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-682 would not be in the best interests of such minor.
  4. A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the unemancipated minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner that will preserve anonymity.
  5. An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
  6. No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.

(Code 1981, §15-11-684, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Disclosure of information on appeal from hearing in Juvenile Court proceeding under Parental Notification Act, Uniform Rules for the Juvenile Courts of Georgia, Rule 23.9.

Law reviews.

- For note, "What Do We Have Against Parents?: An Assessment of Judicial Bypass Procedures and Parental Involvement in Abortions by Minors," see 43 Ga. L. Rev. 617 (2009).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-114, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Constitutionality.

- There was no constitutional infirmity in the constructive order provision in former subsection (d) of O.C.G.A. § 15-11-114 (see now O.C.G.A. § 15-11-684); as long as the state imposed a constitutional timetable for the minor's petition to be heard and acted upon, this was sufficient to demonstrate that bypass procedure's expediency. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-114).

Time requirement.

- Although a hearing was conducted on a Friday, former O.C.G.A. § 15-11-114 (see now O.C.G.A. § 15-11-684) included no provision allowing the court to delay the court's ruling on the petition beyond 24 hours in order to accommodate an intervening weekend or holiday. The statute did not use vague language to describe the applicable time period, such as "one day" or "by the end of the next business day"; instead, the statute specifically stated "within 24 hours of the conclusion of the hearing." In the Interest of Doe, 319 Ga. App. 574, 737 S.E.2d 581 (2013) (decided under former O.C.G.A. § 15-11-114).

Order not rendered within 24 hours of conclusion of hearing.

- Juvenile was entitled to reversal of the denial of the juvenile's petition for waiver of the parental notification requirement before an unemancipated minor may have an abortion because the juvenile court failed to comply with the statutory mandate that the court render a decision and provide a certified copy of the order to the minor within 24 hours of the conclusion of the hearing pursuant to former O.C.G.A. § 15-11-114(d) (see now O.C.G.A. § 15-11-684). In the Interest of Doe, 319 Ga. App. 574, 737 S.E.2d 581 (2013) (decided under former O.C.G.A. § 15-11-114).

Complete anonymity is not critical.

- Fact that some public officials have access to the minor's court record did not compromise the record's confidentiality, nor did it mean that the officials would make unauthorized disclosures of the record. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-114).


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