Special Rules for Self-consent Abortion by a Minor The purpose of these rules is to provide an expedited and confidential procedure for minors seeking to apply for self-consent for an abortion, pursuant to KRS 311.732, and for appeals therefrom. Confidentiality shall be enforced in the same manner as subsection (1) of the Adoptions Records Statute, KRS 199.570(1).
Insofar as there exists a conflict between the Kentucky Rules of Civil Procedure and these Special Rules for Self-Consent Abortion by a Minor, the Rules of Civil Procedure shall be suspended.
The adoption of these special rules does not, either expressly or impliedly reflect on the ultimate constitutionality of the statute involved.
A. In order to protect the anonymity of persons making a petition for self-consent for an abortion pursuant to KRS 311.732, the following provisions shall apply: (1) Petitions shall be styled "In re self-consent for an abortion by a minor." (2) The petition and all information relating thereto shall be confidential, shall not be a public record, and shall not be released to the public. For the purpose of record keeping, petitions shall contain the initials of the petitioner, a name, address, and telephone number where the petitioner can be reached, and where necessary, an alternate address and telephone number for the petitioner. (3) For the purpose of court public record keeping, petitions shall contain the initials of the petitioner, the date the petition is filed and the disposition of the petition. (4) Hearings on petitions shall be held before the judge, and shall be confidential. The hearings may be conducted in an informal manner. Only the parties before the court may be admitted to the hearing. Witnesses shall be admitted only for the duration of their testimony. B. In order to assure expeditious hearings on petitions filed pursuant to KRS 311.732, the following provisions shall apply: (1) The Administrative Office of the Courts shall design a suitable form to be utilized as a petition for matters covered by KRS 311.732. (2) The circuit or district clerk shall assist, where necessary, petitioners in the preparation of petitions under KRS 311.732. (3) Upon the filing of a petition pursuant to KRS 311.732, the appropriate circuit or district judge in whose court the petition was filed shall set the time, date, and place of the hearing thereon. The clerk shall then promptly notify the petitioner thereof. (4) The judge shall, within seventy-two (72) hours, weekends or holidays included, convene a hearing and decide the matter in question and the judge shall advise the petitioner of her right to an immediate appeal to the Court of Appeals in the event of the judge's failure to render a decision within the seventy-two (72) hour time limit. (5) Unless additional time is required for review of reports, the judge shall render his decision immediately following the hearing and shall give the petitioner a written order containing the decision. (6) If additional time is required for review of reports, the judge shall give the reasons therefor, make them part of the record, and shall render a decision within seventy-two (72) hours of the time of the filing of the petition, unless the petitioner requests an extension of time. (7) If the decision is not rendered immediately following the hearing then the petitioner shall be responsible for contacting the clerk of the court for notification of the decision. (8) If the judge does not render a decision within the seventy-two (72) hour time limit, the petitioner may immediately submit the matter to the Court of Appeals. C. In order to assure expeditious appeals on petitions filed pursuant to KRS 311.732, the following provisions shall apply: (1) All appeals shall be directly to the Court of Appeals. (2) The circuit or district clerk shall assist, where necessary, petitioners in the preparation of appeals on petitions filed under KRS 311.732. (3) At the conclusion of the hearing in the district or circuit court, the judge shall notify the petitioner of the right to appeal, with whom the appeal must be filed and the procedures relating thereto. (4) The clerk of the circuit court shall expedite completion and certification of the record on appeal so that in no case shall a period of more than five calendar days elapse between the filing of a notice of appeal in the trial court and the filing of the appeal in the Court of Appeals. (5) Upon the filing of an appeal with the Clerk of the Court of Appeals, the Clerk shall forthwith notify the Chief Judge of the Court of Appeals or his deputy or designated substitute of the filing of the appeal, and the Chief Judge or his designee shall assign the matter to a member of the Court of Appeals who shall immediately consider the appeal. The judge designated to consider the matter shall convene a panel of the court without delay. Final disposition shall be by a panel. (6) The Court of Appeals shall within seventy-two (72) hours of the filing consider the appeal in a confidential manner. (7) Printed and bound materials on appeal shall not be required. Simple, precise and direct statements of appeal are to be encouraged. (8) The Court of Appeals shall render its decision following the hearing if at all possible, but in no event shall the time for the rendering of the decision exceed seventy-two (72) hours from the time of the filing thereof unless an extension is requested by the petitioner. A written decision is required. (9) If the decision on the appeal is not rendered immediately following the hearing then the petitioner shall be responsible for contacting the clerk of the court for notification of the decision. All notification pursuant to this procedure shall be confidential. Ky. R. Sup. Ct., Special Rules for Self-consent Abortion by a Minor
Amended eff. 9/2/1988; adopted eff. 11/13/1986