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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 8. PARENTAL NOTIFICATION ACT

15-11-684. Conduct of hearing; appeal.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    An unemancipated minor may participate in proceedings in the court on such minor’s own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.#

  2. (b)

    All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.#

  3. (c)

    The requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-682 shall be waived if the court finds either:#

    1. (1)

      That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor’s parent or guardian; or#

    2. (2)

      That the notice to a parent or, if the unemancipated minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-682 would not be in the best interests of such minor.#

  4. (d)

    A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the unemancipated minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner that will preserve anonymity.#

  5. (e)

    An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.#

  6. (f)

    No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-684, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Cross references

Disclosure of information on appeal from hearing in Juvenile Court proceeding under Parental Notification Act, Uniform Rules for the Juvenile Courts of Georgia, Rule 23.9.

Law reviews

For note, ‘‘What Do We Have Against Parents?: An Assessment of Judicial Bypass Procedures and Parental Involvement in Abortions by Minors,’’ see 43 Ga. L. Rev. 617 (2009).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 1339 to 1340; merge action: carried; file SHA-256 1f1f034443c3.

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