65-6705.Same; notice to certain persons required before performance ofabortion; waiver of notice; court proceedings; penalties.(a) Before a person performs an abortion upon an unemancipatedminor,the person or the person's agent must give actualnotice of the intent to perform such abortion to one of the minor's parents orthe minor's legal guardianor must have written documentation that suchnotice has been given unless, after receiving counseling as provided bysubsection (a) ofK.S.A. 65-6704, the minor objects to such notice being given. If theminor so objects, theminormay petition, on her own behalf or by an adult of her choice, thedistrict court of any county of this state for a waiver of the noticerequirement of this subsection.If the minor so desires, the counselor who counseled the minor as required byK.S.A. 65-6704 shallnotify the court and the court shall ensure that the minor or the adultpetitioning on the minor's behalfis givenassistance in preparing and filing the application.
(b) The minor may participate in proceedings in the court on the minor's ownbehalfor through the adult petitioning on the minor's behalf. The court shall providea court-appointed counsel to represent the minorat no cost to the minor.
(c) Court proceedings under this section shall be anonymousand the court shall ensure that the minor's identity is kept confidential. Thecourt shall order that a confidential record of the evidence in the proceedingbe maintained.All personsshall be excluded from hearings under this section except the minor, herattorney and such other persons whose presence isspecifically requested by the applicant or her attorney.
(d) Notice shall be waived if the court findsby a preponderance of the evidence that either: (1) The minor is mature andwell-informed enough to makethe abortion decision on her own; or (2) notification of a person specified insubsection (a) would not be in the best interestof the minor.
(e) A court that conducts proceedings under this section shall issue writtenand specific factual findings and legal conclusions supporting its decision asfollows:
(1) Granting the minor's application for waiver of notice pursuant to thissection, if the court finds that the minoris mature and well-enough informed to make the abortion decision without noticeto a person specified in subsection (a);
(2) granting the minor's application for waiver if the court finds that theminor is immature but that notification of a person specified in subsection (a)wouldnot be in the minor's best interest; or
(3) denying the application if the court finds that the minor is immatureand that waiver of notification of a person specified in subsection (a) wouldnot be inthe minor's best interest.
(f) The court shall give proceedings under this section such precedenceover other pending matters as necessary to ensure that the court may reach adecision promptly. The court shall issue a written order which shall be issuedimmediatelyto the minor, or her attorney or other individual designatedby the minor to receive the order. If the court fails to rule within 48 hours,excluding Saturdays and Sundays,of the time of the filing of the minor's application, the application shall bedeemed granted.
(g) An expedited anonymous appeal shall be available to any minor.The record on appeal shall be completed and the appeal shall beperfected within five days from the filing of the notice to appeal.
(h) The supreme court shall promulgate any rules it finds are necessary toensure that proceedings under this act are handled in an expeditious andanonymous manner.
(i) No fees shall be required of any minor who avails herself of theprocedures provided by this section.
(j) (1) No notice shall be required under this section if:
(A) Thepregnant minordeclares that the father of the fetus is one of the persons to whom notice maybe given under this section;
(B) in the best medical judgment of the attending physician based on thefacts of the case, an emergency exists thatthreatens the health, safety or well-being of the minor as to require anabortion; or
(C) the person or persons who are entitled to notice have signed a written,notarized waiver of notice which is placed in the minor's medical record.
(2) A physician who does not comply with the provisions of this section byreason of the exception of subsection (j)(1)(A) must inform the minor that thephysician is required by law to report the sexual abuse to the department ofsocial and rehabilitation services. A physician who does not comply with therequirements of this section byreason of the exception of subsection (j)(1)(B) shall state in the medicalrecordof the abortion the medical indications on which the physician's judgment wasbased.
(k) Any person who intentionally performs an abortion withknowledgethat, or with reckless disregard as to whether, the person upon whom theabortion is to be performed is an unemancipated minor, and who intentionallyand knowingly fails to conform to any requirement of this section, isguilty of aclass A person misdemeanor.
(l) Except as necessary for the conduct of a proceeding pursuant to thissection, it is a class B person misdemeanor for any individual or entity towillfullyor knowingly: (1) Disclose the identity of a minor petitioning the courtpursuant to this section or to disclose any court record relating to suchproceeding; or (2) permit or encourage disclosure of such minor's identity orsuch record.
History: L. 1992, ch. 183, § 5;L. 1993, ch. 291, § 241; July 1.
65-6705.Same; notice to certain persons required before performance ofabortion; waiver of notice; court proceedings; penalties.(a) Before a person performs an abortion upon an unemancipatedminor,the person or the person's agent must give actualnotice of the intent to perform such abortion to one of the minor's parents orthe minor's legal guardianor must have written documentation that suchnotice has been given unless, after receiving counseling as provided bysubsection (a) ofK.S.A. 65-6704, the minor objects to such notice being given. If theminor so objects, theminormay petition, on her own behalf or by an adult of her choice, thedistrict court of any county of this state for a waiver of the noticerequirement of this subsection.If the minor so desires, the counselor who counseled the minor as required byK.S.A. 65-6704 shallnotify the court and the court shall ensure that the minor or the adultpetitioning on the minor's behalfis givenassistance in preparing and filing the application.
(b) The minor may participate in proceedings in the court on the minor's ownbehalfor through the adult petitioning on the minor's behalf. The court shall providea court-appointed counsel to represent the minorat no cost to the minor.
(c) Court proceedings under this section shall be anonymousand the court shall ensure that the minor's identity is kept confidential. Thecourt shall order that a confidential record of the evidence in the proceedingbe maintained.All personsshall be excluded from hearings under this section except the minor, herattorney and such other persons whose presence isspecifically requested by the applicant or her attorney.
(d) Notice shall be waived if the court findsby a preponderance of the evidence that either: (1) The minor is mature andwell-informed enough to makethe abortion decision on her own; or (2) notification of a person specified insubsection (a) would not be in the best interestof the minor.
(e) A court that conducts proceedings under this section shall issue writtenand specific factual findings and legal conclusions supporting its decision asfollows:
(1) Granting the minor's application for waiver of notice pursuant to thissection, if the court finds that the minoris mature and well-enough informed to make the abortion decision without noticeto a person specified in subsection (a);
(2) granting the minor's application for waiver if the court finds that theminor is immature but that notification of a person specified in subsection (a)wouldnot be in the minor's best interest; or
(3) denying the application if the court finds that the minor is immatureand that waiver of notification of a person specified in subsection (a) wouldnot be inthe minor's best interest.
(f) The court shall give proceedings under this section such precedenceover other pending matters as necessary to ensure that the court may reach adecision promptly. The court shall issue a written order which shall be issuedimmediatelyto the minor, or her attorney or other individual designatedby the minor to receive the order. If the court fails to rule within 48 hours,excluding Saturdays and Sundays,of the time of the filing of the minor's application, the application shall bedeemed granted.
(g) An expedited anonymous appeal shall be available to any minor.The record on appeal shall be completed and the appeal shall beperfected within five days from the filing of the notice to appeal.
(h) The supreme court shall promulgate any rules it finds are necessary toensure that proceedings under this act are handled in an expeditious andanonymous manner.
(i) No fees shall be required of any minor who avails herself of theprocedures provided by this section.
(j) (1) No notice shall be required under this section if:
(A) Thepregnant minordeclares that the father of the fetus is one of the persons to whom notice maybe given under this section;
(B) in the best medical judgment of the attending physician based on thefacts of the case, an emergency exists thatthreatens the health, safety or well-being of the minor as to require anabortion; or
(C) the person or persons who are entitled to notice have signed a written,notarized waiver of notice which is placed in the minor's medical record.
(2) A physician who does not comply with the provisions of this section byreason of the exception of subsection (j)(1)(A) must inform the minor that thephysician is required by law to report the sexual abuse to the department ofsocial and rehabilitation services. A physician who does not comply with therequirements of this section byreason of the exception of subsection (j)(1)(B) shall state in the medicalrecordof the abortion the medical indications on which the physician's judgment wasbased.
(k) Any person who intentionally performs an abortion withknowledgethat, or with reckless disregard as to whether, the person upon whom theabortion is to be performed is an unemancipated minor, and who intentionallyand knowingly fails to conform to any requirement of this section, isguilty of aclass A person misdemeanor.
(l) Except as necessary for the conduct of a proceeding pursuant to thissection, it is a class B person misdemeanor for any individual or entity towillfullyor knowingly: (1) Disclose the identity of a minor petitioning the courtpursuant to this section or to disclose any court record relating to suchproceeding; or (2) permit or encourage disclosure of such minor's identity orsuch record.
History: L. 1992, ch. 183, § 5;L. 1993, ch. 291, § 241; July 1.
65-6705.Same; notice to certain persons required before performance ofabortion; waiver of notice; court proceedings; penalties.(a) Before a person performs an abortion upon an unemancipatedminor,the person or the person's agent must give actualnotice of the intent to perform such abortion to one of the minor's parents orthe minor's legal guardianor must have written documentation that suchnotice has been given unless, after receiving counseling as provided bysubsection (a) ofK.S.A. 65-6704, the minor objects to such notice being given. If theminor so objects, theminormay petition, on her own behalf or by an adult of her choice, thedistrict court of any county of this state for a waiver of the noticerequirement of this subsection.If the minor so desires, the counselor who counseled the minor as required byK.S.A. 65-6704 shallnotify the court and the court shall ensure that the minor or the adultpetitioning on the minor's behalfis givenassistance in preparing and filing the application.
(b) The minor may participate in proceedings in the court on the minor's ownbehalfor through the adult petitioning on the minor's behalf. The court shall providea court-appointed counsel to represent the minorat no cost to the minor.
(c) Court proceedings under this section shall be anonymousand the court shall ensure that the minor's identity is kept confidential. Thecourt shall order that a confidential record of the evidence in the proceedingbe maintained.All personsshall be excluded from hearings under this section except the minor, herattorney and such other persons whose presence isspecifically requested by the applicant or her attorney.
(d) Notice shall be waived if the court findsby a preponderance of the evidence that either: (1) The minor is mature andwell-informed enough to makethe abortion decision on her own; or (2) notification of a person specified insubsection (a) would not be in the best interestof the minor.
(e) A court that conducts proceedings under this section shall issue writtenand specific factual findings and legal conclusions supporting its decision asfollows:
(1) Granting the minor's application for waiver of notice pursuant to thissection, if the court finds that the minoris mature and well-enough informed to make the abortion decision without noticeto a person specified in subsection (a);
(2) granting the minor's application for waiver if the court finds that theminor is immature but that notification of a person specified in subsection (a)wouldnot be in the minor's best interest; or
(3) denying the application if the court finds that the minor is immatureand that waiver of notification of a person specified in subsection (a) wouldnot be inthe minor's best interest.
(f) The court shall give proceedings under this section such precedenceover other pending matters as necessary to ensure that the court may reach adecision promptly. The court shall issue a written order which shall be issuedimmediatelyto the minor, or her attorney or other individual designatedby the minor to receive the order. If the court fails to rule within 48 hours,excluding Saturdays and Sundays,of the time of the filing of the minor's application, the application shall bedeemed granted.
(g) An expedited anonymous appeal shall be available to any minor.The record on appeal shall be completed and the appeal shall beperfected within five days from the filing of the notice to appeal.
(h) The supreme court shall promulgate any rules it finds are necessary toensure that proceedings under this act are handled in an expeditious andanonymous manner.
(i) No fees shall be required of any minor who avails herself of theprocedures provided by this section.
(j) (1) No notice shall be required under this section if:
(A) Thepregnant minordeclares that the father of the fetus is one of the persons to whom notice maybe given under this section;
(B) in the best medical judgment of the attending physician based on thefacts of the case, an emergency exists thatthreatens the health, safety or well-being of the minor as to require anabortion; or
(C) the person or persons who are entitled to notice have signed a written,notarized waiver of notice which is placed in the minor's medical record.
(2) A physician who does not comply with the provisions of this section byreason of the exception of subsection (j)(1)(A) must inform the minor that thephysician is required by law to report the sexual abuse to the department ofsocial and rehabilitation services. A physician who does not comply with therequirements of this section byreason of the exception of subsection (j)(1)(B) shall state in the medicalrecordof the abortion the medical indications on which the physician's judgment wasbased.
(k) Any person who intentionally performs an abortion withknowledgethat, or with reckless disregard as to whether, the person upon whom theabortion is to be performed is an unemancipated minor, and who intentionallyand knowingly fails to conform to any requirement of this section, isguilty of aclass A person misdemeanor.
(l) Except as necessary for the conduct of a proceeding pursuant to thissection, it is a class B person misdemeanor for any individual or entity towillfullyor knowingly: (1) Disclose the identity of a minor petitioning the courtpursuant to this section or to disclose any court record relating to suchproceeding; or (2) permit or encourage disclosure of such minor's identity orsuch record.
History: L. 1992, ch. 183, § 5;L. 1993, ch. 291, § 241; July 1.
