ABORTION: PARENTAL CONSENT WAIVER                                                         S.B. 254:

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

 

 

 

 

Senate Bill 254 (as reported without amendment)

Sponsor:  Senator Dave Robertson

Committee:  Judiciary

 

CONTENT

 

The bill would amend the Parental Rights Restoration Act to do the following:

 

--   Prohibit a minor who was denied a waiver of parental consent for an abortion by a family court judge from seeking a waiver for the same pregnancy in the family court.

--   Require the court, if it denied a waiver, to inform the minor that she could appeal the denial, could not initiate proceedings in a family court, but could request a rehearing by the same family court judge if there were a change of circumstances.

--   Require the court to grant a waiver if it determined that the minor was sufficiently mature and informed to make an abortion decision, based on the consideration of specific factors, including whether the court should contravene a common law standard that "a minor is not capable of providing informed consent for medical treatment".

--   Require the court to grant a waiver if it found that a waiver was in the minor's best interest, based on the consideration of specific factors, including whether the court should contravene a common law standard that "a minor's best interest is served by involvement of the minor's parents in medical decision making".

--   Require the court to grant a waiver if it found that both parents, or the minor's legal guardian, had demonstrated through neglect or abuse a lack of concern or competence in serving the minor's best interests, based on specific factors.

 

MCL 722.903 & 722.904                                               Legislative Analyst:  Suzanne Lowe

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

Date Completed:  6-18-13                                                   Fiscal Analyst:  Dan O'Connor

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.