IN RE PETITION OF JANE DOE FOR A JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY. JANE DOE, APPELLANT
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The court held that the record did not support the circuit court's conclusion that the minor was not sufficiently mature to decide whether to terminate her pregnancy.
[1] A minor seeking judicial waiver of parental notification for an abortion must establish by clear and convincing evidence that she is sufficiently mature to decide whether…
[2] A court's factual findings regarding a minor's maturity for abortion waiver must be consistent with the minor's testimony.
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Join FLexlaw to unlock all legal intelligenceA minor sought judicial waiver of parental notification for an abortion, claiming maturity. The circuit court dismissed her petition. The record showe…
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Jane Doe 1 a minor, challenges the final order dismissing her petition for judicial waiver of parental notification under section 390.01114(4)(c), Florida Statutes (2009). We reverse because the record before us does not support the circuit court’s conclusion that Doe was not sufficiently mature to decide whether to terminate her pregnancy. See In re Petition of Jane Doe, 932 So.2d 278 (Fla. 2d DCA 2005).
Section 390.01114(4)(c) requires the minor to establish by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregnancy. In re Petition of Jane Doe, 932 So.2d at 280. Against this standard, the circuit court’s factual findings are inconsistent with the minor’s testimony. The record contains undisputed evidence that supports the petition: the minor is over seventeen years old; she earns good grades in challenging classes; she plans to attend college; she has consulted the alleged father and an adult relative about her decision; she has visited a medical clinic and understands the procedure, its possible side effects and risks of complication; she articulated what she plans to do in the event she experiences any complications, which is to tell her parents; she will pay for the procedure with her savings; and she has considered the alternatives to terminating the pregnancy. As in Doe, the circuit court’s order made no mention of the minor’s demeanor. Id. at 285.
We must therefore reverse the circuit court’s order, and Doe’s petition is deemed granted. See Fla. R.App. P. 9.110(n). The clerk shall place a certificate to this effect in the file and provide Doe with a certified copy. This court’s mandate shall issue simultaneously with this opinion, and no rehearing motion shall be entertained.
Reversed.
KELLY, VILLANTI, and LaROSE, JJ., Concur.
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In re Petition of Jane DOE for a Judicial of Pregnancy. Jane Doe, 67 So. 3d 268 (Fla. 2d DCA 2011)…(reversing the dismissal of the minor’s petition and recognizing that the appellate record could not portray the minor’s demeanor but that the trial court did not suggest that her “demeanor had any bearing on its consideration”); see also In re Doe, 36 So. 3d 164, 165 (Fla. 2d DCA 2010) (reversing the dismissal of the petition and observing that the trial court did not mention the minor’s demeanor). Although some of the evidence was indicative of maturity, the trial court’s findings, including those regardin…
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In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 113 So. 3d 882 (Fla. 2d DCA 2012)…er pregnancy. Compare In re Doe, 67 So. 3d at 268 (“Significantly, the trial court made specific findings and expressed particular concern regarding the minor’s demeanor, and the court considered that factor important in this case.”) with In re Doe, 36 So. 3d 164, 165 (Fla. 2d DCA 2010) (reversing the trial court’s dismissal and specifically noting “the circuit court’s order made no mention of the minor’s demeanor”), and In re Doe, 932 So. 2d 278, 285 (Fla. 2d DCA 2005) (reversing the trial court’s dismissal…1 / 5
Authorities 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)