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Rule 60. Judicial bypass procedure toauthorize minor to consent to an abortion.

(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 and stateof residence. Blank petition forms will be available at all juvenile courtlocations. The court shall provide assistance and a private, confidential areafor completing the petition.

(b)Filing. The petition may be filed inany county. 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 sections 80-3-104, 80-4-106,and 80-6-602 and/or the Office of Guardian ad Litem under Utah Code section 78A-2-803.If the court appoints an attorney, it may also appoint the Office of Guardianad Litem. The clerk shall immediately notify any attorney appointed.

(d)Expedited Hearing. Upon receipt ofthe petition, the court shall schedule a hearing and resolve the petitionwithin three days. The court may continue the hearing for no more than one dayif the court determines that the additional time is necessary to gather andreceive more evidence. The clerk shall immediately provide notice of thehearing date and time. The hearing shall be closed to everyone except thepetitioner, the petitioner?s attorney, the guardian ad litem, and anyindividual invited by the petitioner. 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 andall hearings, 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 anorder denying or dismissing a petition to bypass parental consent by filing anotice of appeal with the clerk of the juvenile court within the time allowedunder Rule 4 of the Utah Rules of Appellate Procedure. The clerk shallimmediately notify the clerk of the court of appeals that the notice of appealhas been filed.

(h)This rule supersedes all other procedural rules that might otherwise apply toactions filed under Utah Code section 76-7-304.5

Effective September 27, 2021