Rule 23. Complaint for Abortion without Parental Notification Pursuant to R.C. 2151.85

(A) Complaint

(1) All actions pursuant to R.C. 2151.85 shall be commenced by filing a complaint on "Form 23-A" in the juvenile court of the county in which the juvenile resides or in a county bordering the county where the juvenile resides. The complaint shall be filed promptly upon the request of the complainant.

(2) A certified copy of the second page of "Form 23-A," with the case number noted on it, shall be given to the complainant after she signs it. The original second page of the form shall be removed from the file jacket and filed under seal in a safe or other secure place where access is limited to essential juvenile court personnel. All index records shall be filed under, "In the Matter of Jane Doe."

(B) Assistance to minor A minor seeking to file an action pursuant to R.C. 2151.85 shall be given prompt assistance by the clerk of the juvenile court in a private, confidential setting. Assistance shall include performing the notary services necessary to file the complaint and affidavits described in this rule and Sup.R. 24.

(C) Filing fees and court costs A complaint filed pursuant to division (A) of this rule and other forms described in these rules shall be provided without cost to the minor. No filing fees or court costs shall be imposed on the minor in connection with these proceedings or any notice of appeal filed in connection with these proceedings.

(D) Appointment of counsel Upon the filing of a complaint pursuant to division (A) of this rule, the juvenile court shall appoint an attorney to represent the complainant if she is not represented by an attorney. Court-appointed attorneys shall be paid by the court without expense to the complainant.

(E) Appointment of guardian ad litem Upon the filing of a complaint pursuant to division (A) of this rule, the juvenile court shall appoint a guardian ad litem. The court may appoint the same individual to serve as both the attorney and the guardian ad litem. If the court appoints an individual who volunteers to serve as a guardian ad litem for the complainant, that individual need not be paid. Other guardians ad litem shall be paid by the court without expense to the complainant.

(F) Hearing

(1) The juvenile court shall promptly conduct a hearing after the filing of a complaint pursuant to division (A) of this rule and should, if possible, conduct the hearing within twenty-four hours. In no event shall the court hold the hearing later than five business days after the filing of the complaint. The court shall accommodate school hours if at all possible. The hearing shall be conducted by a judge and shall not be heard by a magistrate. Hearings shall be closed to the public and exclude all persons except witnesses on behalf of the complainant, her attorney, her guardian ad litem, and essential court personnel. The hearing shall be conducted in a manner that preserves the anonymity of the complainant. The complainant's name shall not appear on the record.

(2) If both maturity and either abuse or best interest are alleged in the complaint, or if maturity, abuse, and best interest are alleged in the complaint, the court shall rule on the issue of maturity first. If the court finds against the complainant on the issue of maturity, it then shall determine the other issues alleged in the complaint.

(G) Judgment

(1) The juvenile court shall enter judgment immediately after the conclusion of the hearing and immediately provide a copy of the judgment to the complainant. The court shall issue an order on "Form 23-B" authorizing the complainant to consent to the performance of an abortion without notice to a parent, guardian, or custodian if it finds either of the following by clear and convincing evidence:

(a) The complainant is sufficiently mature and well enough informed to decide intelligently;

(b) There is evidence of a pattern of physical, sexual, or emotional abuse by one or both of the complainant's parents, guardian, or custodian or that notification is not in the best interest of the complainant.

(2) If the court determines that the complainant has not established the allegations of the complaint by clear and convincing evidence, the court shall dismiss the complaint. The court shall notify the complainant that she has a right to appeal pursuant to R.C. 2505.073 and provide the complainant with a copy of the notice of appeal, "Form 23-C."

(H) Appeals

(1) Immediately after the notice of appeal has been filed by the complainant, the clerk of the juvenile court shall notify the court of appeals. Within four days after the notice of appeal is filed, the clerk shall deliver a copy of the notice of appeal and the record, except page two of the complaint, to the clerk of the court of appeals who immediately shall place the appeal on the docket of the court of appeals.

(2) The juvenile court shall prepare a written transcript if possible. If a transcript cannot be prepared timely and if the testimony is on an audio or video recording, the recording may be forwarded as part of the record in the case to the court of appeals without prior transcription and the court of appeals shall accept the recording as the transcript in the case without prior transcription. The juvenile court shall ensure that the court of appeals has the necessary equipment to play the recording.

(I) General rule of expedition If a complainant files a notice of appeal on the same day as the dismissal of her complaint, the entire court process, including the juvenile court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the complaint was filed.

(J) Confidentiality The juvenile court shall not notify the parents, guardian, or custodian of the complainant that she is pregnant, that she wants to have an abortion, or that the complaint was filed. All court papers and records that pertain to the action shall be kept confidential and shall not be available for public access pursuant to Sup.R. 44 through 47.

(K) Verification notice Upon request of the complainant or her attorney, the clerk of the juvenile court shall verify on "Form 23-D" the date the complaint was filed and whether a hearing has been held within five business days after the filing of the complaint. The clerk shall file and include the form as part of the record and shall provide a date-stamped copy to the complainant or her attorney. FORM 23-A. COMPLAINT FOR AN ORDER AUTHORIZING CONSENT TO AN ABORTION WITHOUT NOTIFICATION OF A PARENT, GUARDIAN, OR CUSTODIAN (R.C. 2151.85) FORM 23-A. COMPLAINT FOR AN ORDER AUTHORIZING CONSENT TO AN ABORTION WITHOUT NOTIFICATION OF A PARENT, GUARDIAN, OR CUSTODIAN (R.C. 2151.85) JUVENILE COURT _________________COUNTY, OHIO In re complaint of Jane Doe COMPLAINT I swear or affirm that: 1.

I am pregnant. 2.

I am unmarried, under 18 years of age, and unemancipated. 3.

I wish to have an abortion without notification of my parent, guardian, or custodian. 4. This complaint is being filed in the juvenile court of the county where I reside or have a legal settlement or in a county bordering the county where I reside or have a legal settlement. [CHECK ONE OR MORE OF THE FOLLOWING STATEMENTS.] 5. ___ I am sufficiently mature and well enough informed to intelligently decide whether to have an abortion without the notification of my parent, guardian, or custodian. ___ One or both of my parents, my guardian, or my custodian has engaged in a pattern of physical, sexual, or emotional abuse against me. ___ Notification of my parent, guardian, or custodian of my desire to have an abortion is not in my best interest. [CHECK ONE OF THE FOLLOWING STATEMENTS.] 6. ___ I do not have a lawyer. ___ I have a lawyer. The name, address, and telephone number of my lawyer are: Lawyer's Name: __________________________________________ Lawyer's Address: __________________________________________ __________________________________________ Lawyer's Telephone No: __________________________________________ THEREFORE, I request that this Court issue an order authorizing me to consent to an abortion without the notification of my parent, guardian, or custodian. FORM 23-A. COMPLAINT FOR AN ORDER AUTHORIZING CONSENT TO AN ABORTION WITHOUT NOTIFICATION OF A PARENT, GUARDIAN, OR CUSTODIAN (R.C. 2151.85) (PAGE 2) THIS PAGE OF THE ORIGINAL MUST BE REMOVED AND PLACED UNDER SEAL IN A SAFE OR OTHER SECURE PLACE AS REQUIRED BY RULE 23(A)(2) OF THE RULES OF SUPERINTENDENCE FOR OHIO COURTS.

I swear or affirm that the information in the attached complaint is true and accurate to the best of my knowledge and belief. Sworn to or affirmed in my presence this _______ day of_________, ____. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PLEASE NOTE: If you do not have a lawyer, please provide in the spaces below any address and telephone number where the Court may contact you until a lawyer is appointed to represent you. You do use your home address and telephone number. Address: ___________________________ ___________________________ Telephone No: ___________________________ COMPLAINT FOR AN ORDER AUTHORIZING CONSENT TO AN ABORTION WITHOUT NOTIFICATION OF A PARENT, GUARDIAN, OR CUSTODIAN (R.C. 2151.85) INSTRUCTIONS If you are pregnant; unmarried, under 18 years old, and unemancipated; and want to have an abortion without telling your parent, guardian, or custodian, you may ask a juvenile court for permission. The court will then decide whether your parent, guardian, or custodian must be told before you may have an abortion. The attached form, called a complaint, should be used to ask a court to let you have an abortion without telling your parent, guardian, or custodian. If you are under 18 and not married, you are "unemancipated" if any of the following apply: 1. You have not entered the armed services of the United States; 2. You do not have a job and support yourself; 3. You are under the care and control of your parent, guardian, or custodian. By law, you do not have to pay a filing fee or any court costs. If you do not have a lawyer, the court will appoint one for you free of charge. The court is not allowed to tell your parent, guardian, or custodian that you are pregnant or that you want to have an abortion. The court must keep the complaint and all other papers in your case confidential. The complaint must be filed in a juvenile court in the county where you reside or have a legal settlement or in any county that borders the county where you reside or have a legal settlement. HOW TO FILL OUT THE FORM Completing Statement #5: Check one or more of the statements. If you check the first statement, the court will first consider if you are mature enough and well enough informed to intelligently decide whether to have an abortion without telling your parent, guardian, or custodian. If the court does not find that you are sufficiently mature and well enough informed to make the decision, and you have checked either or both of the remaining statements, the court will then consider either of the following: • Whether there is a pattern of physical, sexual, or emotional abuse of you by your parent, guardian, or custodian; • Whether telling your parent, guardian, or custodian is not in your best interest. Completing Statement #6: Check the statement that applies to you. If you have a lawyer, fill in the name, address, and telephone number of your lawyer. Completing the Top of Page 2: The law requires that the statements in the complaint be made under oath. This part of the form must be completed in the presence of a person who is allowed to administer oaths, such as a notary public. After you sign your name on the signature line, that person should notarize the form. Completing the Bottom of Page 2: Fill out the bottom of Page 2 only if you do not have a lawyer. Provide any address and telephone number where you may be contacted about this matter. When the court appoints a lawyer for you, the lawyer will reach you at the address or telephone number you provide. You do not have to complete the bottom of Page 2 until after the notary public signs the top of Page 2. FORM 23-B. JUDGMENT FORM 23-B. JUDGMENT JUVENILE COURT _____COUNTY, OHIO In re complaint of Jane Doe JUDGMENT This matter came on for hearing on the __________ day of, _____. Based upon the testimony and evidence presented, this court finds: 1. The complainant is an unemancipated minor. 2. The complainant is pregnant and she wishes to obtain an abortion. 3. No parent, guardian, or custodian of the complainant has been notified that she is seeking an abortion. 4. That clear and convincing evidence has been presented to support the following [decide maturity issue first if pleaded]: ____ Complainant is sufficiently mature and well enough informed to decide intelligently whether to have an abortion without notifying a parent, guardian, or custodian. ____ There is evidence of a pattern of physical, sexual, or emotional abuse of the complainant by one or both of her parents, her guardian, or her custodian. ____ Notification of a parent, guardian, or custodian would not be in complainant's best interest. ____ None of the criteria set forth in paragraph 4 has been established by clear and convincing evidence. THEREFORE, IT IS ORDERED: ____ The complaint is granted and the complainant is hereby authorized to consent to the performance or inducement of an abortion without the notification of a parent, guardian, or custodian. ____ The complaint is dismissed. The Clerk is instructed to provide the complainant with the notice of appeal form and advise her of her right to an expedited appeal. _____________________, Ohio , _____ FORM 23-C. NOTICE OF APPEAL FORM 23-C. NOTICE OF APPEAL JUVENILE COURT COUNTY, OHIO In re complaint of Jane Doe Case No. NOTICE OF APPEAL Promulgated by the Supreme Court of Ohio pursuant to R.C. 2151.85(G) Notice is hereby given that the complainant appeals to the Court of Appeals for _________ County from the final order entered in the above-styled cause on, , dismissing the complaint seeking an abortion without notification of complainant's parents, guardian, or custodian. ______________________________________ Signature of Attorney for Complainant ______________________________________ Attorney Name ______________________________________ Attorney Address ______________________________________ ______________________________________ Attorney Telephone FORM 23-D. VERIFICATION FORM 23-D. VERIFICATION JUVENILE COURT COUNTY, OHIO In re complaint of Jane Doe Case No. VERIFICATION Promulgated by the Supreme Court of Ohio pursuant to R.C. 2151.85(G) This will verify that on, , Jane Doe filed her complaint for an order authorizing consent to an abortion without notification of a parent, guardian, or custodian and as of, _____, which is more than five business days after the filing of the complaint, the court has not held a hearing to consider her complaint. ____________________________ Clerk

(Seal) NOTICE REGARDING THE OCTOBER 15, 2001 AMENDMENTS TO SUPERINTENDENCE RULES 23.1 AND 25 AND ACCOMPANYING FORMS The October 15, 2001 amendments to Superintendence Rules 23.1 and 25 and the accompanying forms are intended to provide procedures implementing Amended Substitute House Bill 421 of the 122 nd General Assembly, effective May 6, 1998. The United States District Court for the Southern District of Ohio has enjoined enforcement of this legislative enactment by order dated April 29, 1998. The text of the district court order is as follows: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Cincinnati Women's Services, : CIVIL ACTION NO. Inc., et al. C-1-98-289 (Beckwith, J.) Plaintiffs, : vs. : AGREED ORDER GRANTING INJUNCTION George Voinovich, et al., : Defendants. : This matter came on for a scheduling conference on April 23, 1998. The parties reported to the court that the Ohio Supreme Court has not yet issued rules to guide the juvenile courts under HB 421 and is not expected to have such rules in place before the effective date of the Act on May 6, 1998. For this and other good cause shown, and on agreement of the parties as detailed in the parties' Joint Motion for Agreed Order Maintaining Status Quo of Existing Law, the court hereby preliminarily enjoins defendants and their employees, agents, servants and those acting in concert with them from enforcing House Bill 421. This order shall remain in place until further order of the court following full briefing and hearing pursuant to a schedule to be established by the court in due course. No bond shall be required of the plaintiffs. SO ORDERED /s/ Sandra S. Beckwith United States District Judge Agreed: /s/ Alphonse A. Gerhardstein Trial Attorney for Plaintiffs /s/ Roger E. Friedmann Trial Attorney for Defendant Deters /s/ Arthur Marziale, Jr. Trial Attorney for Defendants Montgomery and Voinovich Filed by Kenneth J. Murphy, Clerk April 29, 1998 @ 3:29 p.m.