ABORTION: PARENTAL CONSENT WAIVER S.B. 1059:
FLOOR SUMMARY
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Senate Bill 1059 (as reported without amendment)
Sponsor: Senator Alan L. Cropsey
Committee: Judiciary
CONTENT
The bill would amend the Parental Rights Restoration Act to do all of the following:
-- Prohibit a minor who was denied a waiver of parental consent for an abortion by one family court from seeking a waiver for the same pregnancy in another family court.
-- Require the court, if it denied a waiver, to inform the minor that she could appeal the denial, could not initiate proceedings in another family court, but could request a rehearing by the same family court if there were a change of circumstances.
-- Require the court, in determining whether a minor was sufficiently mature and informed to make an abortion decision, to consider whether it should contravene a common law standard that minors are not capable of providing informed consent for medical treatment.
-- Require the court to grant a waiver if it found, based on specific factors, that the minor demonstrated a decision-making capacity similar to that of an adult.
-- Require the court, in deciding whether a waiver would be in a minor's best interest, to consider whether it should contravene a common law standard that a minor's best interest is served by parental involvement in medical decisions.
-- Require the court to grant a waiver if it found that both parents, or the minor's legal guardian, had demonstrated through neglect or abuse a lack of concern or competence in serving the minor's best interests, based on specific factors.
MCL 722.903 & 722.904 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government. In 2006, 381 petitions for waivers of parental consent were filed; 535 were filed in 2005.
Date Completed: 3-5-08 Fiscal Analyst: Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1059/0708