(a) Petition. An action for an orderauthorizing a minor to consent to an abortion without the consent of a parentor guardian is commenced by filing a petition. The petitioner is not requiredto provide an address or telephone number but must identify the county andstate of residence. Blank petition forms will be available at all juvenilecourt locations. The court shall provide assistance and a private, confidentialarea for completing the petition.
(b) Filing. The petition may be filed in anycounty. No filing fee will be charged.
(c) Appointment of Counsel. If thepetitioner is not represented by a private attorney, the juvenile court shallconsider appointing an attorney under Utah Code Section 78A-6-1111 and/or theOffice of Guardian ad Litem under Section 78A-6-902. If the court appoints anattorney, it may also appoint the Office of Guardian ad Litem. The clerk shallimmediately notify any attorney appointed.
(d) Expedited Hearing. Upon receipt of thepetition, the court shall schedule a hearing and resolve the petition withinthree days. The court may continue the hearing for no more than one day if thecourt determines that the additional time is necessary to gather and receivemore evidence. The clerk shall immediately provide notice of the hearing dateand time. The hearing shall be closed to everyone except the petitioner, thepetitioner?s attorney, the guardian ad litem, and any individual invited by thepetitioner. The petitioner shall be present at thehearing. The hearing may be held in chambers if recording equipment or areporter is available.
(e) Findings and Order. The court shallenter an order immediately after the hearing is concluded. The court shallgrant the petition if the court finds by a preponderance of the evidence thatone of the statutory grounds for dispensing with parental consent exists.Otherwise, the court shall deny the petition. If the petition is denied, thecourt shall inform the petitioner of her right to an expedited appeal to theUtah Court of Appeals. The court shall provide a copy of the order toindividuals designated by the petitioner.
(f) Confidentiality. The petition and allhearings, proceedings, and records are confidential. Court personnel areprohibited from notifying a minor?s parents, guardian, or custodian that aminor is pregnant or wants to have an abortion, or from disclosing thisinformation to any member of the public.
(g) Appeal. A petitioner may appeal an orderdenying or dismissing a petition to bypass parental consent by filing a noticeof appeal with the clerk of the juvenile court within the time allowed underRule 4 of the Utah Rules of Appellate Procedure. The clerk shall immediatelynotify the clerk of the court of appeals that the notice of appeal has beenfiled.
(h) This rule supercedesall other procedural rules that might otherwise apply to actions filed underSection 76-7-304.5