2D12-5713 / Jane Doe

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Second District Court of Appeal » 2012 » 2D12-5713 / Jane Doe

State: Florida

Court: Florida Southern District Court

Docket No: 2D12-5713

Case Date: 11/26/2012

Preview:IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA

November 26, 2012.

In re Petition of Jane Doe for a Judicial Waiver of Parental Notice of Termination of Pregnancy.

JANE DOE, Appellant.

) ) ) ) ) ) ) ) )

Case No. 2D12-5713

BY ORDER OF THE COURT: By the opinion attached, the Second District Court of Appeal has reversed the order entered by the Honorable Harvey A. Kornstein, Circuit Judge of the Tenth Judicial Circuit, in and for Polk County, Florida, in Case Number 2012-DP-0005360000-00, dismissing a petition for a judicial waiver of parental notice under section 390.01114(4)(c), (d), Florida Statutes (2012). The minor may consent to the performance or inducement of a termination of pregnancy without notice to a parent or guardian.

I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

JAMES R. BIRKHOLD, CLERK

Copies:

Eve Greenberg, Esq. Honorable Harvey A. Kornstein Clerk, Tenth Judicial Circuit, in and for Polk County

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

In re Petition of Jane Doe for a Judicial Waiver of Parental Notice of Termination of Pregnancy.

JANE DOE, Appellant.

) ) ) ) ) ) ) ) )

Case No. 2D12-5713

Opinion filed November 26, 2012. Appeal from the Circuit Court for Polk County; Harvey A. Kornstein, Judge. Ita M. Neymotin, Regional Counsel, Second District, and Eve Greenberg, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.

WALLACE, Judge. Jane Doe,1 a minor, challenges the final order dismissing her petition for judicial waiver of parental notification under section 390.01114(4)(c) and (d), Florida Statutes (2012). We find no error in the circuit court's determination that Doe failed to In the circuit court, the minor chose to be identified by her initials rather than a pseudonym. We have elected to use this pseudonym in place of the minor's initials to further protect her privacy.
1

establish by clear and convincing evidence that it would not be in her best interest to notify a parent under section 390.01114(4)(d). However, we reverse the order of dismissal because the circuit court abused its discretion in concluding that Doe is not sufficiently mature to terminate her pregnancy under section 390.01114(4)(c). I. THE FACTUAL AND PROCEDURAL BACKGROUND At the hearing on the petition, Doe testified that she is seventeen years old. She will become eighteen years of age early in 2013. Doe is currently a senior in high school; she expects to graduate at the end of the school year. Doe receives A's and B's in her course work at school. She is not currently involved in any extracurricular activities. Doe has planned an educational and career path. After graduating from high school, she plans to attend a community college first and then transfer to a fouryear institution to complete her degree. After college, she hopes to obtain an advanced degree and to enter one of the professions. Doe has already begun to implement her educational plan by arranging to take the Scholastic Aptitude Test (SAT) next year. She has also applied or is preparing to apply to two colleges within the State of Florida. Doe lives in the Tenth Judicial Circuit with her mother and a younger sibling. She assumes a substantial amount of responsibility at home. Doe characterizes her relationship with her mother as "distant." Doe's mother and father separated many years ago, and Doe does not have a significant relationship with her father.

-2-

Doe has never been employed, but she has recently submitted numerous applications for employment to various local businesses. During the summer, Doe performs volunteer work, which is related to her career interests, at a nonprofit institution. Doe has no savings. She receives a small weekly allowance from her mother that she uses for the purchase of clothing, personal items, and entertainment. Doe became pregnant in an isolated incident following overindulgence in alcohol at the home of some acquaintances. Doe expressed regret about this incident in her testimony. At the time of the hearing, Doe had known for about two weeks that she was pregnant. Doe did not seem to have adult acquaintances in whom she could confide. However, she had spoken with a slightly older friend, who offered to help her. Doe had also spoken with the seventeen-year-old father with whom she has no continuing relationship. He was unable to help her financially, and he suggested that she seek an abortion. Doe stated that she does not feel pressure from anyone to seek an abortion and that the decision is her own. At the time of the hearing, Doe had not yet consulted a physician about her pregnancy. She was scheduled to see a doctor the following week. Doe had considered both raising the child and seeking an abortion. She concluded that her educational and career goals and responsibilities at home were incompatible with having a child. Doe discussed the possibility of having an abortion with a nurse at a local clinic. She was aware of the procedures available to her and expressed some understanding of the benefits and risks associated with each, as well as their cost. Doe did not anticipate experiencing an adverse emotional reaction from the procedure, but

-3-

said that she would seek counseling if she did. In response to questions from the circuit court, Doe said that if she had a severe reaction to the procedure, she would go to the emergency room. For a less serious problem, she would return to the clinic. Doe testified that neither she nor her family have any religious beliefs or attitudes that would impact her decision to have an abortion. Nevertheless, she anticipated an extremely negative reaction from her mother if her mother was informed about Doe's pregnancy. At the conclusion of the hearing, Doe affirmed that she has decided that she wants to terminate her pregnancy. If she is unable to have an abortion, then she plans to place the child for adoption. The circuit court conducted the hearing on Doe's petition within the required time frame. After the conclusion of the hearing, the circuit court promptly entered an order dismissing Doe's petition, finding that she failed to prove by clear and convincing evidence either of the grounds alleged. This appeal followed. II. THE APPLICABLE LAW Under section 390.01114(3)(a), a physician is required to notify a minor's parent or legal guardian at least forty-eight hours in advance of performing an abortion on that minor. The statute excuses the notice requirement under five circumstances, but the pertinent provision applicable to this case provides for judicial waiver of the notice requirement in the event the minor successfully petitions a circuit court to waive that requirement. See

Download 2D12-5713.pdf