IN RE JANE DOE 06-A, A MINOR, APPELLANT
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A minor sought judicial waiver of parental notification requirements for abortion under Florida law. The appellate court reversed the trial court's dismissal of her petition, finding she clearly and convincingly demonstrated sufficient maturity to decide whether to terminate her pregnancy.
Yes. The court held that the minor clearly and convincingly demonstrated sufficient maturity to make an informed decision regarding termination of her pregnancy. The minor need only show necessary emotional development, intellect, and understanding to make an informed decision—not the maturity of an adult.
[1] A minor seeking judicial waiver of parental notification for an abortion must demonstrate by clear and convincing evidence that she is sufficiently mature to decide wheth…
[2] Evidence of a minor's age, academic performance, future plans, work experience, knowledge of childcare demands, education on abortion risks and alternatives, and consulta…
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Join FLexlaw to unlock all legal intelligence“The undisputed evidence concerning Doe's age, her academic performance, her articulated plans for the future, her work experience, her knowledge of the demands of caring for a child, her efforts to educate herself concerning the risks of abortion and the alternatives available to her, and her actions in seeking out the counsel and support of a trusted adult, dictate that she is sufficiently mature to decide whether to terminate her pregnancy.”
Establishes the factors considered in assessing maturity and demonstrates the minor met her burden of proof.
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Join FLexlaw to unlock all legal intelligenceJane Doe 06-A, a minor, petitioned for judicial waiver of parental notification of termination of pregnancy under Florida Statutes § 390.01114. The un…
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PER CURIAM.
Appellant, a minor we will refer to by the pseudonym “Jane Doe 06-A,” appeals an order dismissing her petition for judicial waiver of parental notification of termination of pregnancy pursuant to section 390.01114, Florida Statutes (2006). We conclude that the trial court committed clear error when it determined that Doe failed to meet her burden under section 390.01114(4)(e) of demonstrating by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregnancy.1 See In re Doe, 921 So. 2d 753 (Fla. 1st DCA 2006); In re Doe, 932 So. 2d 278, 2005 WL 3007102 (Fla. 2d DCA Nov.10, 2005).
The undisputed evidence concerning Doe’s age, her academic performance, her articulated plans for the future, her work experience, her knowledge of the demands of caring for a child, her efforts to educate herself concerning the risks of abortion and the alternatives available to her, and her actions in seeking out the counsel and support of a trusted adult, dictate that she is sufficiently mature to decide whether to terminate her pregnancy. Appellant was not required to prove she has the maturity of an adult, and instead need only show that she has the necessary emotional development, intellect and understanding to make an informed decision regarding the termination of her pregnancy. See In re Doe, 924 So. 2d 935 (Fla. 1st DCA 2006).
Accordingly, we REVERSE the order dismissing appellant’s petition for judicial waiver of parental notification of termination of pregnancy. This cause is REMANDED with directions to forthwith enter an order granting the petition and directing the clerk of the circuit court to place a certificate to that effect in the file and provide appellant a certified copy of that certificate. No motion for rehearing will be entertained, and the clerk is directed to issue mandate immediately.
BARFIELD, WOLF, and LEWIS, JJ., concur. . In light of this determination, it is unnecessary for us to address appellant’s contention that the trial court also erred in concluding that she had failed to demonstrate an entitlement to a waiver under the "best interest” standard of section 390.01114(4)(d).
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In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 973 So. 2d 548 (Fla. 2d DCA 2008)…ned to assist her, she made plans to pay for the termination herself. It must be remembered that this young woman was not required to prove that she possessed the maturity of an adult. Doe, 932 So. 2d at 284 (Fla. 2d DCA 2005); In re Jane Doe 06-A, 932 So. 2d 499, 500 (Fla. 1st DCA 2006); Doe, 924 So. 2d at 939 (Fla. 1st DCA 2006). Nor was it incumbent on her to show, as the panel’s opinion seemed to imply, that she was especially accomplished or precocious for a seventeen-year-old. Four months shy of legal…
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In re DOE, 967 So. 2d 1017 (Fla. 4th DCA 2007)…). After hearing the evidence, the court must issue written and specific factual findings and legal conclusions supporting its decision. The petitioner need not show that she has the maturity of an adult to satisfy the statute. In re Jane Doe 06-A, 932 So. 2d 499, 500 (Fla. 1st DCA 2006); In re Doe, 924 So. 2d 935, 939 (Fla. 1st DCA 2006); In re Doe, 932 So. 2d 278, 284 (Fla. 2d DCA 2005). Instead, she need only show that she has the necessary emotional development, intellect and understanding to make an inf…
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In re DOE, 112 So. 3d 791 (Fla. 5th DCA 2013)…ramifications of what she proposed to do. Finally, there is the finding of undue influence. Other courts have said that seeking help from a trusted adult, even if the adult is the parent of the father, is a positive thing. See In re Jane Doe 06-A, 932 So.2d 499, 500 (Fla. 1st DCA 2006). I recognize that a sixteen-year-old in Appellant’s situation can be “unduly” influenced or pressured to make a decision she might not make in a vacuum, but the fact that a parent of the child’s father is consulted does not…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 932 So. 2d 278 (Fla. 2d DCA 2005)
- Farmer v. Rosanda J. Farmer, 924 So. 2d 935 (Fla. 1st DCA 2006)
- In re DOE, 921 So. 2d 753 (Fla. 1st DCA 2006)