Hawaii Bill Regarding Parental Notification (SB 254)
This law was last updated on Sep 8, 2015
SB 254 would prohibit a physician from performing an abortion on a pregnant unemancipated minor unless:
- The physician performing the abortion gives at least 72 hours actual notice, in person or by telephone, of the physician’s intent to perform the abortion to a parent of the minor or a court-appointed guardian;
- the judge of a family district court or the intermediate appellate court issues an order authorizing the minor to consent to the abortion; or
- a family court or the intermediate appellate court, by its inaction, constructively authorizes the minor to consent to the abortion; or
- The physician performing the abortion concludes that, on the basis of the physician’s good faith clinical judgment, a condition exists that complicates the medical condition of the pregnant minor and necessitates the immediate abortion of pregnancy to avert the minor’s death or to avoid a serious risk of substantial and irreversible impairment of a major bodily function; and
- Certifies in writing to the director of health and in the patient’s medical record the medical indications supporting the physician’s good faith clinical judgment that such a medical condition exists.
The bill states that if actual notice cannot be given, the physician may perform an abortion if the physician sends constructive notice, at least 72 hours prior to the procedure, by certified mail to the last known address of the person to whom notice is required to be given.
(c) The requirement that 72 hours actual notice be provided under this section may be waived by an affidavit of a parent of the minor or a court-appointed guardian.
Judicial Bypass Procedure
A pregnant minor who wishes to have an abortion without notification may file an application for a court order authorizing the minor to consent to the performance
of an abortion without notification to either parent or a guardian. The application may be filed with any family court in Hawaii.
The bill states that the court shall appoint a guardian ad litem for the minor and an attorney for the minor, if the minor has not retained an attorney. If the guardian ad litem is an attorney admitted to the practice of law in this State, the court may appoint the guardian ad litem to also serve as the minor’s attorney.
The bill would requires the court to rule on a judicial bypass application and to issue written findings of fact and conclusions of law not later than 5:00 p.m. on the second business day after the date the application is filed with the court. If the court fails to rule within the specified time period, the application will be deemed granted and the physician can perform the abortion.
The bill would require the court to determine by a preponderance of the evidence whether notification would not be in the best interest of the minor or whether notification might lead to physical or sexual abuse of the minor. If the court finds that notification would not be in the minor’s best interest, or that notification
might lead to physical or sexual abuse of the minor, the court would be required to enter an order authorizing the minor to consent to the performance of the abortion without notification to either parent or a guardian.
The bill states that the court may not notify a parent or guardian that the minor is pregnant or that the minor wants to have an abortion, and that the court proceedings shall be conducted in a manner that protects the anonymity of the minor. The application and all other court documents pertaining to the proceedings are
confidential and privileged and are not subject to disclosure via discovery or subpoena or any other legal process.
The bill states that a minor whose application is denied may be appealed, and sets forth appellate procedure.