LD 1575
pg. 3
Page 2 of 9 An Act To Require Parental Notification of Teenage Abortions Page 4 of 9
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LR 302
Item 1

 
or inducement of an abortion without the notification of her
parent.

 
2.__Guardian ad litem.__The court shall appoint a guardian ad
litem to protect the interests of the petitioner at the hearing
that is held pursuant to this section.__If the petitioner has not
retained an attorney, the court shall appoint an attorney to
represent her.__If the guardian ad litem is an attorney admitted
to practice law in the State, the court may appoint the guardian
ad litem to serve also as the petitioner's attorney.

 
§8404.__Standards of review

 
1.__Allegation of competence.__If the petitioner makes only
the allegation set forth in section 8402, subsection 2, paragraph
D, subparagraph (1) and if the court finds, by clear and
convincing evidence, that the petitioner is sufficiently mature
and informed to decide intelligently whether to have an abortion,
the court shall issue an order authorizing the petitioner to
consent to the performance or inducement of an abortion without
the notification of her parent.__If the court does not make such
a finding, the court shall dismiss the petition.

 
2.__Allegation of abuse.__If the petitioner makes only the
allegation set forth in section 8402, subsection 2, paragraph D,
subparagraph (2) and if the court finds, by clear and convincing
evidence, that there is evidence of a pattern of physical or
sexual abuse of the petitioner by a parent or that the
notification of the parent of the petitioner otherwise is not in
the best interest of the petitioner, the court shall issue an
order authorizing the petitioner to consent to the performance or
inducement of an abortion without the notification of her parent.__
If the court does not make such a finding, the court shall
dismiss the petition.__All physical or sexual abuse allegations
must be referred to the Department of Health and Human Services
to be investigated.__Referrals made under this subsection must be
kept anonymous.

 
3.__Allegations of competence and abuse.__If the petitioner
makes both of the allegations set forth in section 8402,
subsection 2, paragraph D, subparagraphs (1) and (2), the court
shall proceed as follows.

 
A.__The court first shall determine whether it can make the
finding specified in subsection 1 and, if so, shall issue an
order pursuant to that subsection.__If the court issues such an
order, it may not review the allegation made under section 8402,
subsection 2, paragraph D, subparagraph (2).__If the court does
not make the finding specified in


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