§ 90-21.8. Procedure for waiver of parental consent. - North Carolina Statutes

§ 90‑21.8. Procedure for waiver of parental consent.

(a)        The requirements and procedures under Part 2 of this Articleare available and apply to unemancipated minors seeking treatment in thisState.

(b)        The court shall ensure that the minor or her guardian adlitem is given assistance in preparing and filing the petition and shall ensurethat the minor's identity is kept confidential.

(c)        The minor may participate in proceedings in the court on herown behalf or through a guardian ad litem. The court shall advise her that shehas a right to appointed counsel, and counsel shall be provided upon herrequest in accordance with rules adopted by the Office of Indigent DefenseServices.

(d)        Court proceedings under this section shall be confidentialand shall be given precedence over other pending matters necessary to ensurethat the court may reach a decision promptly. In no case shall the court failto rule within seven days of the time of filing the application. This timelimitation may be extended at the request of the minor. At the hearing, thecourt shall hear evidence relating to the emotional development, maturity,intellect, and understanding of the minor; the nature, possible consequences,and alternatives to the abortion; and any other evidence that the court mayfind useful in determining whether the parental consent requirement shall bewaived.

(e)        The parental consent requirement shall be waived if thecourt finds:

(1)        That the minor is mature and well‑informed enough tomake the abortion decision on her own; or

(2)        That it would be in the minor's best interests that parentalconsent not be required; or

(3)        That the minor is a victim of rape or of felonious incestunder G.S. 14‑178.

(f)         The court shall make written findings of fact andconclusions of law supporting its decision and shall order that a confidentialrecord of the evidence be maintained. If the court finds that the minor hasbeen a victim of incest, whether felonious or misdemeanor, it shall advise theDirector of the Department of Social Services of its findings for furtheraction pursuant to Article 3 of Chapter 7B of the General Statutes.

(g)        If the female petitioner so requests in her petition, nosummons or other notice may be served upon the parents, guardian, or custodianof the minor female.

(h)        The minor may appeal an order issued in accordance with thissection. The appeal shall be a de novo hearing in superior court. The notice ofappeal shall be filed within 24 hours from the date of issuance of the districtcourt order. The de novo hearing may be held out of district and out of sessionand shall be held as soon as possible within seven days of the filing of thenotice of appeal. The record of the de novo hearing is a confidential recordand shall not be open for general public inspection. The Chief Justice of theNorth Carolina Supreme Court shall adopt rules necessary to implement thissubsection.

(i)         No court costs shall be required of any minor who availsherself of the procedures provided by this section. (1995, c. 462, s. 1; 1998‑202, s. 13(u); 2000‑144,s. 35.)