§ 20-16-804 - Judicial relief from requirement. - Arkansas Statutes

20-16-804. Judicial relief from requirement.

Notwithstanding the provisions of 20-16-801 and 20-16-803, if a pregnant minor or incompetent woman elects not to obtain the consent of one (1) or both parents or guardian or custodian, then:

(1) (A) Any judge of a circuit court, upon petition or motion and after an appropriate hearing, shall authorize a physician to perform the abortion if the judge determines that the pregnant minor or incompetent woman is mature and capable of giving informed consent to the proposed abortion.

(B) If the judge determines that the pregnant minor or incompetent woman is not mature or if the pregnant woman does not claim to be mature, the judge shall determine whether the performance of an abortion upon her without consent of her parents, guardian, or custodian would be in her best interests and shall authorize a physician to perform the abortion without the consent if the judge concludes that the pregnant minor or incompetent woman's best interests would be served by such an action;

(2) (A) Such a pregnant minor or incompetent woman may participate in proceedings in the court on her own behalf. However, the court shall advise her that she has a right to court-appointed counsel and upon her request shall provide her with such counsel.

(B) The minor or incompetent person shall have the right to file her petition in the circuit court using a pseudonym or using solely her initials;

(3) Court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent person. All court proceedings under this section shall be sealed, and all documents related to this petition shall be confidential and shall not be available to the public;

(4) These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly and without delay so as to serve the best interests of the pregnant minor or incompetent woman;

(5) The judge shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained, including the judge's own findings and conclusions;

(6) (A) An expedited confidential appeal shall be available to any such pregnant minor or incompetent woman for whom the court denies an order authorizing an abortion without consent.

(B) An order authorizing an abortion without consent shall not be subject to appeal; and

(7) No filing fees shall be required of any such pregnant minor or incompetent woman at either the trial or the appellate level.