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PLANNED PARENTHOOD ASSOCIATION OF the ATLANTA AREA, INC., and Planned Parenthood of East Central Georgia, Inc., Plaintiffs,v.Joe Frank HARRIS, Governor of the State of Georgia, Individually and in His Official Capacity, Defendant.
The Act provides only that once the petition is filed that a hearing must be held within three days excluding Saturdays, Sundays and holidays. 15-11-113. The Act provides no specific time limit for a decision to be rendered on the petition but states that juvenile courts should give the petitions precedence over other pending matters to ensure a decision be reached \"as expeditiously as is possible under the circumstances of the case.\" 15-11-114(b). The Act provides for \"an expedited appeal\" but gives no time frame for hearing an appeal or disposition. 15-11-114(e). The Act authorizes and requests the state appellate courts to make rules to implement expeditious appeal. 15-11-114(e).
In terms of relative risk between one gestational age and later gestational ages, Dr. Grimes testified based on a study at the Centers for Disease Control of 80,000 abortions between 1975-78 that at about 11 to 12 weeks the risk of a woman suffering a life threatening complication is .3 percent. Tr. at 155. At 13 to 14 weeks the risk doubles to about .6 percent. Id. At 15 to 16 weeks the risk redoubles to about 1.3 percent. Id. And at 17 to 20 weeks the risk increases to 2 percent, a sixfold increase overall. Id.
Plaintiffs in questioning Mr. Perrin were interested in the numerical relationship between the number of these judges and the number of counties they serve. Tr. at 93. Relying on data contained in the Directory of the Georgia Council of Juvenile Judges, plaintiffs compiled a breakdown to indicate whether a minor woman located in each county in the state would have access to a juvenile or superior court judge on a given day, assuming the judges responsible for the juvenile courts schedule their calendars in such a way to accomplish maximum coverage of counties on that given day. Tr. at 93; Plaintiff's Exhibit 4. The compilation, verified by Perrin, indicates that there are 41 counties in circuits where the judges responsible for juvenile court cover juvenile court for only one county.[9] The compilation indicates there are 13 other counties in circuits where the number of judges assigned to juvenile court exceeds or is equal to the number of counties in that circuit. Tr. at 93-96.[10] The compilation indicates there are 105 counties in circuits where the number of judges assigned to juvenile court is less than the number of counties in that circuit.[11] From this evidence, plaintiffs assert that even assuming the broadest possible coverage, 60 counties would remain uncovered by an appropriate judge on that given day. Mr. Perrin confirmed that the judges are not usually deployed to achieve maximum coverage. Tr. at 96-99. Mr. Perrin further testified that according to the current practice in the juvenile court, if the superior court judge responsible for the juvenile court is not sitting in the county where the minor resides, the minor must travel to the venue where the judge is sitting. Juvenile court *980 judges may travel at the option of the minor. Tr. at 100.[12]
Plaintiff has introduced evidence at hearing that major providers of abortion services are few and far apart in Georgia. Apart from isolated instances of abortions performed by private physicians in their offices or hospitals, abortions in Georgia are available in only four locations the metropolitan areas of Augusta, Atlanta, Columbus and Savannah. Second trimester abortions are offered only in Atlanta and Savannah while abortions performed after 18 weeks of gestation are performed in Atlanta only. July 16-17, 1987 Hearing, Transcript at 58-62. Plaintiffs introduced ample evidence that over 90% of minors obtain abortions at these four locations. Tr. at 14. Plaintiffs demonstrated that 51 percent of women aged 15 to 17 who reside in Georgia live outside those four metropolitan areas. Tr. at 14. In addition, plaintiffs showed that about a fourth of the minors obtaining abortions in Georgia travelled 50 miles or more to obtain abortions. Tr. at 14. Some Georgia residents travel over 200 miles for a second trimester abortion in Atlanta. Id.; Tr. at 34-35.
Defendant at hearing questioned this evidence but failed to specifically refute it. Consequently, the court finds that many minors face significant long distance travel to obtain an abortion, as do adult women. The costs associated with this travel including bus or airplane fare, meals and lodging will be doubled if another adult must accompany the minor. Tr. at 35-39; 166. Delays will result from the need to coordinate clinic schedules with the work schedules of parents and accompanying adults. Tr. at 39-41. The possibility of obtaining an abortion on a weekend might alleviate work scheduling difficulties for parents or adults who are employed on weekdays, but would result in the additional delay of waiting for a weekend day to obtain the abortion. Id. Delay can result in increased health risks and more expensive abortions. Tr. at 156; 41-42. Scheduling difficulties are exacerbated with a second trimester abortion which is performed over the course of two days. Tr. at 39-41.
In addition to the burdens of cost, delay and breach of privacy, plaintiffs argue that the statute can, in the case of a minor whose parent or other adult is unable or unwilling to accompany the minor to an abortion facility, act as a de facto parental veto such as that struck down in Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 74, 96 S. Ct. 2831, 2843, 49 L. Ed. 2d 788 (1976). Under the Act, the judicial bypass mechanism is available \"[i]f the unemancipated minor elects not to comply with the notification requirement.\" 15-11-112(b). The statute makes no provision for a minor who has notified her parents, but cannot secure verification from a parent or other adult. Assuming the judicial bypass mechanism is open to such a minor, the juvenile court may under the standards set forth in the Act refuse to waive the notification requirement because she is immature and notification is in her best interests, yet leave the minor unable to obtain an abortion because the minor has no one to verify that notification has taken place. Where parents wish to obstruct the minor from obtaining the abortion, this gap in the statutory scheme operates to allow them to exert a de facto veto over their daughter's decision. This situation violates the Supreme Court's rulings expressed in Bellotti and Danforth that parents may not be given veto power over their daughter's choice of abortion. This finding underscores the court's earlier discussion of the statute's need for alternatives to the current verification requirements.
The Supreme Court ruled on the Missouri statute as it stood before a court rule covering appeal time was adopted. The rule adopted by the Missouri Supreme Court and approved in T.L.J. v. Webster, 792 F.2d 734 (8th Cir.1986) states only that \"appellate review of cases appealed under Section 188.028.2(b), RS Mo. shall be expedited.\" See Missouri Rule of Civil Procedure 84.02. Thus, Georgia requires a stricter timetable than does the Missouri statute upheld in Ashcroft and Webster.
The new Juvenile Court Rules allow the petition seeking waiver to be \"styled\" using only the minor's initials. However, the minor must sign the petition with her full name. Juvenile Court Rule 23.1, 3.8 and Form JUV 87-18. Testimony of Mr. Perrin, July 16, 1987 Hearing, Tr. at 106.[26] The minor must also supply \"a statement from a licensed medical doctor confirming the pregnancy and current trimester of gestation\" attached to the petition which plaintiffs assert will undoubtedly contain her name. Id. Moreover, both the form petition and any order entered by the juvenile court must contain the minor's Social Security number and date of birth. Juvenile Court Rule 23.6 and form JUV 87-18.
Plaintiff, however, cites this court no cases in which the burden of travelling to initiate and pursue a judicial waiver alternative has been held overly burdensome. On the contrary, the Missouri statute upheld in Ashcroft contemplated similar burdens. The district court in Hodgson v. Minnesota, 648 F. Supp. at 763, aff'd, 827 F.2d 1191 (8th Cir.1987) specifically found that although burdensome, trips to other counties to exercise the waiver option did not render such a plan unconstitutional. Id.
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions; to provide for certain affidavits from a parent or guardian accompanying a minor seeking an abortion; to provide for affidavits from an unemancipated minor and accompanying adult relative to parental notification of an unemancipated minor's decision to seek an abortion; to provide for notice to persons standing in loco parentis; to provide requirements of such affidavits; to provide for the signing of consent forms; to provide procedures for obtaining a waiver from the juvenile court of the requirement for prior parental notification; to provide for venue; to provide for notice to the unemancipated minor or next friend; to provide for waiver of notice under certain conditions; to provide for appellate review; to provide for applicability; to provide for exceptions based upon medical emergency; to provide that the physician performing the abortion as a medical emergency shall certify in writing the medical indications on which he based his judgment; to provide for civil and criminal immunities; to provide for penalties; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. 59ce067264
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