Procedure for Judicial Waiver of Consent

(a)The requirements and procedures under this Section are available to minors and incompetent persons whether or not they are residents of Guam.

(b)The minor or incompetent person may petition the Superior Court of Guam for a waiver of the consent requirement and may participate in proceedings on her own behalf. The petition shall include a statement that the complainant is pregnant and unemancipated. The petition shall also include a statement that consent has not been waived, that the pregnant minor has been advised by her attending physician of the risks involved in an abortion and the risk of post-partum syndrome, and that the complainant wishes to abort without obtaining consent, as provided pursuant to this Chapter. The court shall appoint a guardian ad litem for her. Any guardian ad litem appointed under this Act shall act to maintain the confidentiality of the proceedings. The court shall advise her that she has a right to court-appointed counsel, and shall provide her with counsel upon her request. COL05182012 CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION

(c)Court proceedings under this Section shall be confidential and shall ensure the anonymity of the minor or incompetent person. All court proceedings under this Section shall be sealed. The minor or incompetent person shall have the right to file her petition in the court using a pseudonym, or using solely her initials. All documents related to this petition shall be confidential and shall not be available to the public. These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. The court shall rule, and issue written findings of fact and conclusions of law, within forty-eight

(48)hours of the time the petition was filed, except that the forty-eight (48)-hour limitation may be extended at the request of the minor or incompetent person. If the court fails to rule within the forty-eight (48)-hour period and an extension was not requested, then the petition shall be deemed to have been granted, and the consent requirement shall be waived.

(d)If the court finds, by clear and convincing evidence, that the minor is sufficiently mature or well-informed to decide whether to have an abortion, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion without the consent of a parent or guardian, and the court shall execute the required forms. If the court does not make the finding specified in this Subsection or Subsection

(e)of this Section, it shall dismiss the petition.

(e)If the court finds evidence that there is an incidence of physical, sexual, or emotional abuse of the complainant by one

(1)or both of her parents, her guardian, or her custodian, or by a male person regardless of the family relationship, if any, who has physically, sexually, or emotionally abused her or caused her pregnancy, or that the notification of a parent, guardian or custodian is not in the best interest of the complainant, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion without the consent of the parent guardian, or custodian. If the court does not make a finding specified in this Subsection or Subsection

(d)of this Section, it shall dismiss the petition.

(f)A court that conducts proceedings under this Section shall issue written and specific factual findings and legal conclusions supporting its decision, and shall order that a confidential record of the evidence and the judge’s findings and conclusions be maintained. At the hearing, the court COL05182012 CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor.

(g)An expedited confidential appeal shall be available, as the Supreme Court of Guam provides by rule, to any minor or incompetent person to whom the [circuit] court denies a waiver of consent. An order authorizing an abortion without consent shall not be subject to appeal.

(h)No filing fees shall be required of any pregnant minor who petitions the court for a waiver of parental consent pursuant to this Act at either the trial or appellate level.