California Parental Notification, Child and Teen Safety, Stop Predators Act (ACA 5)

ACA 5, which would be known as the Parental Notification, Child and Teen Safety, Stop Predators Act, would prohibit a physician and surgeon from performing an abortion on an unemancipated minor, unless the physician and surgeon or his or her agent has delivered written notice to the parent of the unemancipated minor, or until a waiver of that notice has been received from the parent or issued by a court pursuant to a prescribed process.

Notice would not be required if:

• the unemancipated minor is the victim of physical or sexual abuse committed by one or both of the minor’s parents and the abuse is documented by a signed and notarized statement from a law enforcement officer or someone over 21 who has personal knowledge of the abuse;
• the attending physician certifies that the abortion is necessary due to a medical emergency; or
• a waiver of parental notice is authorized

Reporting Requirements

ACA 5 would require the State Department of Public Health to prescribe forms for the reporting of abortions performed on unemancipated minors by physicians. They would need to include the:

• date of the procedure;
• unemancipated minor’s date of birth;
• duration of the pregnancy;
• type of abortion procedure;
• numbers of the unemancipated minor’s previous abortions and deliveries, if known; and
• facility where the abortion was performed.

They should also indicate wether notice was given, or was not required, or was waived. Physicians would be required to file the reports with the State within one month of the procedure.

 

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