IN RE PETITION OF JANE DOE FOR A JUDICIAL OF PREGNANCY. JANE DOE, APPELLANT
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Jane Doe, a minor, appealed the dismissal of her petition for judicial waiver of Florida's parental notice requirement for abortion. The trial court found she failed to meet her burden of proving by clear and convincing evidence that she was sufficiently mature to make the decision without parental notice, and the appellate court affirmed.
The minor did not meet her burden of proof. The trial court's findings, including those regarding the minor's demeanor, her failure to thoroughly review other options, and her failure to appropriately consider the risks involved, supported the determination that she was not sufficiently mature to make this decision without parental notice.
[1] A minor seeking judicial waiver of parental notice for an abortion must prove by clear and convincing evidence that she is sufficiently mature to make the decision.
[2] A trial court's findings in a judicial waiver of parental notice hearing are supported by competent, substantial evidence when the record contains evidence supporting tho…
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Join FLexlaw to unlock all legal intelligence“The minor has the burden to prove by clear and convincing evidence that she is sufficiently mature.”
Establishes the legal standard and burden of proof applicable to judicial waiver petitions under Florida law.
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Join FLexlaw to unlock all legal intelligenceJane Doe, a minor, petitioned for judicial waiver of the parental notice requirement under Florida law before terminating her pregnancy. The trial cou…
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Jane Doe, a minor, challenges the final order dismissing her petition for judicial waiver of parental notice of termination of pregnancy pursuant to section 390.01114(4)(c), Florida Statutes (2010). The trial court determined that the minor did not meet her burden of proof. Because competent, substantial evidence supports the trial court’s findings, we affirm the trial court’s order.
Generally, a physician must give a minor’s parent or legal guardian notice prior to the termination of a minor’s pregnancy. § 390.01114(3). The statute provides for judicial waiver of the notice requirement upon proof of certain statutory grounds. § 390.01114(4). Here, the minor based her petition on the statutory ground that she was “sufficiently mature to decide whether to terminate her pregnancy.” § 390.01114(4)(c). The minor has the burden to prove by clear and convincing evidence that she is sufficiently mature. In re Doe, 973 So.2d 548, 550-51 (Fla. 2d DCA 2008); In re Doe, 932 So.2d 278, 285 (Fla. 2d DCA 2005).
The trial court conducted a hearing and, pursuant to the statutory requirements, issued a detailed order with specific factual findings and legal conclusions. See § 390.01114(4)(e). The trial court found that the minor did not show that she thoroughly reviewed the other options available to her or that she had appropriately considered the risks involved. 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. Cf. In re Doe, 932 So.2d at 285 *269(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 regarding the minor’s demeanor, support its determination that the minor did not prove that she was sufficiently mature to decide whether to terminate her pregnancy.
Affirmed.
NORTHCUTT and BLACK, JJ„ Concur.
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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)…egnancy without notifying her parent, and he issued a well-reasoned, detailed order supporting his conclusion. Because competent, substantial evidence supports the trial court’s findings of fact and conclusions of law, I would affirm. See In re Doe, 67 So. 3d 268, 268 (Fla. 2d DCA 2011). Sufficient maturity must be shown by clear and convincing evidence, and this court reviews the trial court’s order for an abuse of discretion. Clear and convincing evidence is evidence of “‘such weight that it produces in th…1 / 2
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In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 153 So. 3d 925 (Fla. 2d DCA 2014)…4)(c)-(d). We must reverse. [*926] A minor seeking judicial waiver must prove, by clear and convincing evidence, that she is mature enough to decide whether to terminate her pregnancy and that termination is in her best interest. See id.; In re Doe, 67 So. 3d 268, 268 (Fla. 2d DCA 2011); In re Doe 13-A, 136 So. 3d 723 (Fla. 1st DCA 2014) (Makar, J., dissenting). The minor need not possess the same maturity as an adult, but she must demonstrate that she is sufficiently mature to make this important decision.…
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In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 139 So. 3d 428 (Fla. 2d DCA 2014)…y enumerated factors. § 390.01114(4)(c)(1)-(2). The burden of proof on both prongs is clear and convincing evidence, and it is the petitioner’s obligation to provide such proof in this nonadversarial proceeding. See § 390.01114(4)(c)-(d); In re Doe, 67 So. 3d 268, 268 (Fla. 2d DCA 2011). Because the proceeding is nonadversarial and based on the statute’s terms the grant of a waiver of notice under the Act is not appealable; review of the denial of a waiver is of right. See § 390.01114(4)(b)(2), (g). Our sta…
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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)
- 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)
- In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 36 So. 3d 164 (Fla. 2d DCA 2010)