Current through Register Vol. 54, No. 45, November 9, 2024
Rule 16.1 - Definitions; Scope(a) As used in this Rule , the following words shall have the following meaning: "Act"- the Act of June 11, 1982, P. L. 476, No. 138, as amended, 18 Pa.C.S. § 3201 et. seq., known as the Abortion Control Act ;
"Applicant"- a pregnant woman:
(i) who is less than eighteen years of age and not emancipated or(ii) a person acting on behalf of a pregnant woman who has been adjudged an incapacitated person pursuant to Chapter 55 of Title 20 (relating to incapacitated persons); "Application"-a legal paper, including a motion or petition;
"Court"- the Orphans' Court Division of the Court of Common Pleas, except in proceedings brought:
(a) in Philadelphia in which the applicant is a minor in which case the term "court" means the Family Court Division;(b) in Allegheny County where said proceedings shall be heard in the Juvenile Court Section of the Family Court Division;Note: See Rule of Judicial Administration 2157 governing distribution of business within courts of common pleas.
"Proceeding"- a proceeding pursuant to Section 3206(c) of the Act, 18 Pa.C.S. § 3206(c).
Note: Section 3206(c) of the Abortion Control Act relates to proceedings seeking authorization for a physician to perform an abortion.
(b) The procedure set forth in Chapter 16 shall govern proceedings pursuant to Section 3206(c) of the Act, 18 Pa.C.S. § 3206(c). Note: These rules implement Section 3206 of the Abortion Control Act and work with that section to provide a full procedure. Procedures which are set forth in that section rather than the rules include the following:
1. Participation in the proceeding and representation by an attorney, Section 3206(e). The court shall be responsible for adopting a procedure to assure that the court advises the pregnant woman of her right to counsel and that counsel is appointed upon her request;2. Conduct of the hearing, including the exclusion of persons, evidence to be heard and notices to be given the applicant, Section 3206(f)(3) and (4) and Section 3206(h); and3. Specific factual findings and legal conclusions by the court in writing, Section 3206(f)(1).Section 3206 of the Act provides for an "expedited appeal." See Rule 3801 et seq. of the Rules of Appellate Procedure , which provide a complete procedure governing the appeal. Pa. R.A.P. 3804 requires that the court reporter, without charge to the applicant, transcribe the notes of testimony and deliver them to the clerk of the court by 5:00 o'clock p.m. of the business day following receipt of the notice of appeal to the Superior Court.The provisions of this Rule 16.1 amended and effective 11/26/1984, 14 Pa.B. 4503; amended December 9, 1994, effective 3/1/1995, 24 Pa.B. 6555; amended December 1, 2015, effective 9/1/2016, 45 Pa.B. 7098.