Introduced
by
To revise the requirements for a court considering a petition from a minor for authority to get an abortion over the objection of her parents. The bill would require a court to consider the rebuttable presumption that a minor is not capable of providing informed consent for medical treatment. A waiver of parental denial could only be granted if the minor demonstrates a level of maturity based on factors such as: the minor’s age; school attendance and performance: circumstances of the minor’s sexual activity, including actions taken to prevent pregnancy; the minor’s knowledge of alternatives, the risks associated with an abortion, and risks of carrying the pregnancy to term; other life experiences that demonstrate a pattern of responsible, mature behavior; the degree of dependency and parental supervision in daily affairs; and more. Under current law, to grant a waiver a court must determine that the abortion is in the minor’s best interest, or that the minor is sufficiently well informed and mature to make the decision independently of her parents or guardian. The bill would prohibit a minor whose petition was denied from then seeking a waiver in another court division. (A minor could appeal to a higher court.) It also requires that if the court appoints an attorney to represent the minor, it must also appoint an attorney to represent the interest of a parents.
Referred to the Committee on Families and Childrens Services
Reported without amendment
Without amendment.
Amendment offered
by
To include the degree to which the parent is involved in the minor's school and community activities in the factors to be considered by a court in determining whether a minor demonstrates sufficient independence and maturity to warrant a court waiver of a parental denial of an abortion.
The amendment passed by voice vote
Amendment offered
by
To strike out the term “materially” from the degree to which parents or guardians have “defaulted in their duties to the minor,” for purposes of determining whether they have abdicated their right to have the authority to deny an abortion.
The amendment passed by voice vote
Amendment offered
by
To authorize an adult family member, meaning a grandparent, aunt, uncle, sister, or brother of the minor, who is 30 years of age or older, to grant permission for a minor to have an abortion. Under current law, permission is required from a parent or legal guardian.
The amendment failed 31 to 73 (details)
Amendment offered
by
To authorize a court to grant a petition for a minor to have an abortion if it is performed pursuant to an emergency; or if a physician certifies in writing that there is reasonable cause to believe that continuation of the pregnancy will result in permanent physical impairment or infertility of the minor, that the minor will commit suicide rather than approach her parent, or than the minor will resort to a self-induced or illegal abortion.
The amendment failed 32 to 73 (details)
Amendment offered
by
To exempt an abortion of a pregnancy that is the result of rape or incest from the provisions of the bill.
The amendment failed 32 to 72 (details)
Amendment offered
by
To authorize a court to grant a petition for a minor to have an abortion if the minor submits a declaration indicating that she has received pregnancy counseling from a licensed psychologist, psychiatrist, nurse or social worker independent of the organization performing the abortion, and that she is sufficiently mature and well-enough informed to make the decision regarding abortion independently of her parents or legal guardian.
The amendment failed 32 to 73 (details)
Amendment offered
by
To strike out a provision that a court must consider the circumstances of the minor's sexual activity in determining whether to grant permission for a minor to have an abortion, after the parent or guardian has denied permission.
The amendment failed 31 to 73 (details)
Passed in the House 73 to 32 (details)
Referred to the Committee on Families and Human Services
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which revises some of the factors which would would qualify a minor for a parental denial of abortion waiver. The substitute would replace consideration of the minor’s sexual activity, including actions taken to prevent pregnancy, with consideration of the circumstances of her pregnancy. It also removes a provision that if the court appoints an attorney to represent the minor, it must also appoint an attorney to represent the interest of a parents.
The substitute passed by voice vote
Amendment offered
by
To authorize an adult family member, meaning a grandparent, aunt, uncle, sister, or brother of the minor, who is 30 years of age or older, to grant permission for a minor to have an abortion. Under current law, permission is required from a parent or legal guardian.
The amendment failed by voice vote
Amendment offered
by
To exempt an abortion of a pregnancy that is the result of rape or incest from the provisions of the bill.
Consideration postponed
Amendment offered
by
To authorize a court to grant a petition for a minor to have an abortion if it is performed pursuant to an emergency; or if a physician certifies in writing that there is reasonable cause to believe that continuation of the pregnancy will result in permanent physical impairment or infertility of the minor, that the minor will commit suicide rather than approach her parent, or than the minor will resort to a self-induced or illegal abortion.
The amendment failed by voice vote
Amendment offered
by
To authorize a court to grant a petition for a minor to have an abortion if the minor submits a declaration indicating that she has received pregnancy counseling from a licensed psychologist, psychiatrist, nurse or social worker independent of the organization performing the abortion, and that she is sufficiently mature and well-enough informed to make the decision regarding abortion independently of her parents or legal guardian.
The amendment failed by voice vote
Amendment offered
by
To strike out the "rebuttable presumption" the bill would establish in law that a minor's best interest is served by the involvement of the minor's parents in medical decision making.
The amendment failed by voice vote
Passed in the Senate 25 to 13 (details)
To revise the requirements for a court considering a petition from a minor for court authority to get an abortion over the objection of her parents. The bill would require a court to consider the rebuttable presumption that a minor is not capable of providing informed consent for medical treatment. A waiver of parental denial could only be granted if the minor demonstrates a level of maturity based on factors such as: the minor’s age; school attendance and performance: circumstances of the minor’s pregnancy; the minor’s knowledge of alternatives, the risks associated with an abortion, and risks of carrying the pregnancy to term; her assessment of the psychological and emotional consequences of abortion, parenting, or placing a child for adoption; other life experiences that demonstrate a pattern of responsible, mature behavior; the degree of dependency and parental supervision in daily affairs; whether the petition was truly voluntary; and more. Under current law, to grant a waiver a court must determine that the abortion is in the minor’s best interest, or that the minor is sufficiently well informed and mature to make the decision independently of her parents or guardian. The bill would prohibit a minor whose petition was denied from then seeking a waiver in another family court division. A minor could appeal to a higher court.
Passed in the House 71 to 34 (details)
To concur with the Senate-passed version of the bill.
Referred to the Committee on Government Operations
Motion
The House Government Operations Committee recommendation that the House pass the bill, the objections of the Governor to the contrary notwithstanding.
Consideration postponed
Motion
To override the governor's veto.
The motion failed 70 to 36 (details)
Received
Failed in the House 68 to 35 (details)
To override Gov. Jennifer Granholm's veto of the bill to revise the requirements for a court considering a petition from a minor for court authority to get an abortion over the objection of her parents. See Senate-passed version for more bill details. A two-thirds majority, 73 votes, is required to override.
