Nevada Bill Regarding Parental Notification of Certain Abortions (SB 382)
This law was last updated on Jun 7, 2017
SB 382 would repeal existing parental notification requirements for pregnant minors and provide new notification requirements that apply to both pregnant wards, regardless of age, for whom a legal guardian or conservator has been appointed and pregnant minors.
The bill defines “minor” as a person who is less than 18 years of age, is unmarried, and not emancipated.
The bill defines “ward” to mean a person for whom a legal guardian or conservator has been appointed by a court because of mental or intellectual incompetency, incapacity or insanity.
Parental Notification & Waiting Period Requirement
SB 382 would prohibit a physician, with certain exceptions, from knowingly performing an abortion on a minor or ward unless:
- written notice of the proposed abortion is delivered to at least one parent or guardian in the prescribed manner; and
- a period of not less than 48 hours has elapsed after the delivery of the written notice.
Notification would not be required if:
- the physician certifies in writing that a medical emergency exists which necessitates an immediate abortion;
- a parent or guardian of the minor or ward certifies in writing that he or she has been notified regarding the abortion;
- an agency which provides child welfare services authorizes a physician to perform the abortion; or
- a court of competent jurisdiction reverses the decision of the agency and authorizes a physician to perform the abortion.
Child Welfare Services Authorization
If a pregnant minor does not wish to notify their parent or guardian as required, they may instead request an agency which provides child welfare services to provide authorization.
Such an agency would be required to designate an employee of the agency to interview any pregnant minor or ward who makes a request for a proposed abortion and to conduct any investigation necessary in order to determine whether:
- The pregnant minor or ward is sufficiently mature and well-informed and, if a ward, competent, to make a knowing, intelligent and deliberate decision in consultation with a physician and to give informed consent concerning a proposed abortion without notifying their parent or guardian; or
- It is in the best interests of the pregnant minor or ward to authorize a physician to perform the proposed abortion without notifying a parent or guardian.
If the decision of the agency which provides child welfare services denies authorization for a proposed abortion, the pregnant minor or ward who is the subject of the decision may file a petition in a district court for ex parte judicial review of the decision.
The bill goes on to detail the process for a minor or ward seeking judicial review, along with requirements for district courts overseeing such cases.
A person who knowingly performs an abortion upon a pregnant minor or a ward in violation of this act would be guilty of a misdemeanor.