Rule 23.1. Application for Authorization to Consent to an Abortion or for Judicial Consent to an Abortion Pursuant to R.C. 2919.121

(A) Definition As used in this rule, Sup.R. 25, and "Forms 23.1-A, 23.1-B, 23.1-C, and 25," "petitioner" means the minor female who is seeking consent to have an abortion regardless of whether the minor female or a next friend files the petition.

(B) Petition

(1) All actions pursuant to R.C. 2919.121 shall be commenced by filing a petition on "Form 23.1-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 petition shall be filed promptly upon the request of the petitioner.

(2) A certified copy of the second page of "Form 23.1-A," with the case number noted on it, shall be given to the petitioner after she or next friend 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 re the Petition of Jane Doe."

(C) Assistance to minor A minor seeking to file an action pursuant to R.C. 2919.121 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 petition and affidavits described in this rule.

(D) Filing fees and court costs The petition and other forms described in these rules shall be provided without cost to the petitioner. No filing fees or court costs shall be imposed on the petitioner in connection with these proceedings or any notice of appeal filed in connection with these proceedings.

(E) Appointment of counsel Upon the filing of a petition pursuant to division (B) of this rule and at least twenty-four hours before the hearing scheduled pursuant to division (G) of this rule, the juvenile court shall appoint an attorney to represent the petitioner if she is not represented by an attorney. Court-appointed attorneys shall be paid by the court without expense to the petitioner.

(F) Appointment of guardian ad litem Upon the filing of a petition pursuant to division (B) of this rule, the juvenile court shall appoint a guardian ad litem pursuant to Juv.R. 4.

(G) Hearing

(1) The juvenile court shall promptly conduct a hearing after the filing of a petition pursuant to division (B) 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 calendar days after the filing of the petition. 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 petitioner, her attorney, her guardian ad litem, her next friend, if any, and essential court personnel. The hearing shall be conducted in a manner that preserves the anonymity of the petitioner. The petitioner's name shall not appear on the record.

(2) If maturity and best interest are alleged in the petition, the court shall rule on the issue of maturity first. If the court finds against the petitioner on the issue of maturity, it then shall determine the issue of best interest.

(H) Judgment.

(1) If the juvenile court finds by clear and convincing evidence that the petitioner is sufficiently mature and well enough informed to decide intelligently whether to consent to an abortion or that the abortion is in the best interests of the petitioner, the court shall issue an order on "Form 23.1-B" authorizing the petitioner to consent to the performance of an abortion or giving judicial consent to the abortion. If the court does not find by clear and convincing evidence that the petitioner is sufficiently mature and well enough informed to decide intelligently or that the abortion is in the best interests of the petitioner, or if the court finds that it does not have jurisdiction over the petition, the court shall issue an order on "Form 23.1-B" denying or dismissing the petition. The court shall enter judgment as soon as possible and no later than twenty-four hours after the conclusion of the hearing.

(2) If the judgment is entered immediately at the conclusion of the hearing, the court shall provide the petitioner and her attorney with a copy of the judgment. If the court denies or dismisses the petition, the court shall notify the petitioner that she has a right to appeal pursuant to R.C. 2919.121(C)(6) and provide the petitioner and her attorney with a copy of the notice of appeal, "Form 23.1-C."

(3) If the judgment is not entered immediately at the conclusion of the hearing, the court shall do all of the following:

(a) Inform the petitioner that the judgment will be entered within twenty-four hours;

(b) Inform the petitioner that the court will notify her attorney of the judgment upon its issuance;

(c) Inform the petitioner of the availability of other confidential procedures, which have been established by the court, to notify the petitioner of the court's judgment, including, but not limited to, providing the petitioner with the name of a designated court employee whom the petitioner may contact to obtain the judgment, arranging for the pick-up of the judgment at the court, or arranging for delivery of the judgment to an address designated by the petitioner;

(d) Notify the petitioner that, if the court denies or dismisses the petition, she has the right to appeal pursuant to R.C. 2919.121(C)(6);

(e) Provide the petitioner and her attorney with a copy of the notice of appeal, "Form 23.1-C," and explain to the petitioner that the form may be filed only if the court denies or dismisses the petition.

(I) Appeals

(1) Immediately after the notice of appeal has been filed by the petitioner, the clerk of the juvenile court shall notify the court of appeals. Within four calendar 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 petition, 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.

(J) General rule of expedition

(1) If a petitioner files a notice of appeal on the same day as the denial or dismissal of her petition, the entire court process, including the juvenile court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the petition was filed.

(2) If a petitioner files a notice of appeal after the day on which the court denies or dismisses her petition, the entire court process, including the juvenile court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the petition was filed, plus the number of calendar days that elapsed between the date on which the court's decision was issued and the date on which the notice of appeal was filed.

(K) Confidentiality The juvenile court and the court of appeals shall not notify the parents, guardian, or custodian of the petitioner that she is pregnant, that she wants to have an abortion, or that the petition 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. FORM 23.1-A. PETITION FOR AUTHORIZATION TO CONSENT TO AN ABORTION OR FOR JUDICIAL CONSENT TO AN ABORTION (R.C. 2919.121) FORM 23.1-A. PETITION FOR AUTHORIZATION TO CONSENT TO AN ABORTION OR FOR JUDICIAL CONSENT TO AN ABORTION (R.C. 2919.121) JUVENILE COURT _________________COUNTY, OHIO In re petition of Jane Doe.

I swear or affirm that: 1.

I am pregnant. 2.

I am unmarried, _____ years of age, and unemancipated. 3.

I wish to have an abortion and have been fully informed of the risks and consequences of an abortion. 4. This petition 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 BOTH OF THE FOLLOWING STATEMENTS.] 5. ___ I am sufficiently mature and well enough informed to decide intelligently decide whether to have an abortion. ___ The court should find by clear and convincing evidence that an abortion is in my best interests and give judicial consent to the abortion. [CHECK ONE OF THE FOLLOWING STATEMENTS.] 6. ___ I do not have a lawyer and ask that the court appoint a lawyer free of charge. ___ I have a lawyer. The name, address, and telephone number of my lawyer are: Lawyer's Name: ________________________________________ Lawyer's Address: ________________________________________ ________________________________________ Lawyer's Telephone No: ________________________________________ FORM 23.1-A. PETITION FOR AUTHORIZATION TO CONSENT TO AN ABORTION OR FOR JUDICIAL CONSENT TO AN ABORTION (R.C. 2919.121) (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 23.1(B)(2) OF THE RULES OF SUPERINTENDENCE FOR THE COURTS OF OHIO. 7. The following is/are the name(s) and address(es) of my parent(s), guardian(s), custodian(s) or, if my parents are deceased and no guardian(s) is/are appointed, any person standing in place of my parent(s), guardian(s), or custodian(s): Name(s): __________________________________________ Address(es): __________________________________________ __________________________________________ THEREFORE, I request that this Court appoint a lawyer if I do not already have one, appoint a guardian ad litem to represent my best interests, and issue an order authorizing me to consent or granting judicial consent to an abortion without the consent of my parent, guardian, or custodian.

I swear or affirm that the information in the attached petition is true and accurate to the best of my knowledge and belief. If this petition is being filed by a next friend on behalf of a minor, the minor's initials are: _______. 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 not need to use your home address and telephone number. Address: ____________________________ ____________________________ Telephone No: ____________________________ PETITION FOR CONSENT TO AN ABORTION OR FOR JUDICIAL CONSENT TO AN ABORTION (R.C. 2919.121). INSTRUCTIONS If you are pregnant; unmarried, under 18 years old, and unemancipated; and want to have an abortion without the consent of your parents, you may ask a juvenile court for permission. The court will then decide whether you are sufficiently mature and well-enough informed to decide intelligently to have an abortion or whether an abortion is in your best interests. The attached form, called a petition, should be used to ask a court to let you have an abortion without the consent of your parents. 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, of 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 also will appoint a guardian ad litem, who is a person responsible for protecting your interests. The court may appoint your lawyer to be your guardian ad litem. 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 petition and all other papers in your case confidential. The petition 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 both 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. If the court does not find that you are sufficiently mature and well enough informed to make the decision, and you have checked the second statement, the court will then consider whether the abortion is in your best interest. If you are not sure which statement to check, you may check both and then discuss this with your lawyer. 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 petition be made under oath. This part of the form must be completed by you or someone who is assisting you (called a "next friend") in the presence of a person who is allowed to administer oaths, such as a notary public. After you or the person assisting you signs the petition, the person who administers oaths should sign 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 on page 2. FORM 23.1-B. JUDGMENT FORM 23.1-B. JUDGMENT JUVENILE COURT ____COUNTY, OHIO In re petition of Jane Doe Case No. JUDGMENT This matter came on for hearing on the _____ day of __________, ______. Based upon the testimony and evidence presented, this court finds: 1. The court: _____ Has jurisdiction over the petition. _____ Does not have jurisdiction over the petition for the following reasons: __________________________________________________________________ __________________________________________________________________ _________________________________________________________. 2. _____ The petitioner is an unemancipated minor. 3. _____ The petitioner is pregnant and she wishes to obtain an abortion. 4. _____ The petitioner has been fully informed of the risks and consequences of the abortion. 5. _____ The court has specifically inquired about the minor's understanding of the possible physical and emotional complications of abortion and how the minor would respond if the minor experienced those complications after the abortion. 6. _____ The court has specifically inquired about the extent to which anyone has instructed the minor on how to answer questions and on what testimony to give at the hearing. 7. That clear and convincing evidence has been presented to support the following [decide maturity issue first if pleaded]: a. Petitioner is sufficiently mature and well enough informed to decide intelligently whether to have an abortion without obtaining the consent of a parent, guardian, or custodian. FORM 23.1-B. JUDGMENT (PAGE 2) b. The abortion would be in petitioner's best interest for the following reasons: __________________________________________________________________ __________________________________________________________________ _____________________________________________________________. c. Neither 5a. nor 5b. has been established for the following reasons: __________________________________________________________________ __________________________________________________________________ _________________________________________________________________. THEREFORE, IT IS ORDERED: ____ The petition is granted and the petitioner is hereby authorized to consent to the performance or inducement of an abortion. ____ The court finds the abortion is in the best interest of the petitioner and judicial consent is hereby authorized. ____ The petition is denied. The Clerk is instructed to provide the petitioner with the notice of appeal form and advise her of her right to an expedited appeal. ____ The petition is dismissed for lack of jurisdiction. The Clerk is instructed to provide the petitioner with the notice of appeal form and advise her of her right to an expedited appeal. ___________________________, Ohio ________________________________ Judge _________________ Date FORM 23.1-C. NOTICE OF APPEAL FORM 23.1-C. NOTICE OF APPEAL JUVENILE COURT __COUNTY, OHIO In re petition of Jane Doe Case No. NOTICE OF APPEAL Notice is hereby given that the petitioner appeals to the Court of Appeals for _________ County from the final order entered in the above-styled cause on __________, ____, denying or dismissing the petition seeking an abortion. ___________________________________________ Signature of Attorney for Petitioner ___________________________________________ Attorney Name ___________________________________________ Attorney Address ___________________________________________ ___________________________________________ Attorney Telephone