IN RE PETITION OF JANE DOE FOR A JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY. JANE DOE, APPELLANT
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A minor sought judicial waiver of parental notice for abortion under Florida law. The circuit court dismissed her petition, finding insufficient maturity and that termination was not in her best interest. The appellate court reversed, holding the circuit court abused its discretion by relying on perceived statutory flaws rather than conducting an individualized assessment of the minor's maturity and best interests.
The circuit court abused its discretion in dismissing the petition. 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. The minor need not possess the same maturity as an adult but must demonstrate sufficient maturity for this important decision. The court must conduct an individualized assessment rather than relying on perceived flaws in the statutory procedure.
[1] A minor seeking a judicial waiver of parental notice for an abortion must prove by clear and convincing evidence that she is mature enough to make the decision and that t…
[2] A court abuses its discretion when it dismisses a petition for waiver of parental notice based on perceived flaws in the statutory procedure rather than an individualized…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the legal standard the minor must satisfy for judicial waiver
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Join FLexlaw to unlock all legal intelligenceJane Doe, almost eighteen years old and a high school honors student planning to attend college, petitioned for judicial waiver of parental notice for…
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Jane Doe,1 a minor, petitioned the circuit court for a waiver of parental notice of termination of pregnancy. See § 390.01114, Fla. Stat. (2013) (providing that physicians performing abortions must notify a parent or legal guardian before the procedure unless the notice requirement is waived by the circuit court). The circuit court dismissed the petition, finding that she had not shown sufficient maturity to decide whether to terminate her pregnancy or that the termination was in her best interest. See § 390.01114(4)(c)-(d). We must reverse.
*926A 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. See In re Doe, 113 So.3d 882, 882 (Fla. 2d DCA 2012); see also § 390.01114(4)(c) (listing statutory factors the circuit court must consider).
Jane Doe is almost eighteen years old and a high school honors student. She plans to attend college in the fall. She testified that her current condition would impact adversely her future plans. She also testified that her parents were strict, controlling, and demanding. At times they acted out of spite toward her. She feared that they would disown her if notified of her pregnancy.
The circuit court noted that Jane Doe appeared anxious at the hearing. Yet, it did not declare her testimony unbelievable. The circuit court expressed concern that Jane Doe had not seriously considered the medical risks of the procedure, sought independent counseling, or seriously considered alternatives. It disregarded Jane Doe’s testimony that she had undertaken independent medical research concerning the procedure and its risks. The circuit court apparently discounted her testimony that she had considered alternatives to termination.
Seemingly, Jane Doe met her burden; the circuit court found otherwise.2 We cannot and do not reweigh evidence. § 390.01114(4)(b)(2); see also, e.g., In re E.D., 884 So.2d 291 (Fla. 2d DCA 2004); Lahodik v. Lahodik, 969 So.2d 533, 535 (Fla. 1st DCA 2007). Rather, we must assess whether the circuit court abused its discretion in dismissing the petition. § 390.01114(4)(b)(2); In re Doe, 113 So.3d at 886.
So, too, the circuit court was bound to apply the law as dictated by the legislature to the facts of Jane Doe’s case. See Wilson v. Robinson, 917 So.2d 312, 313 (Fla. 5th DCA 2005). Unfortunately, we are firmly convinced that the circuit court strayed from the statutory mandate. The order oh appeal extensively expresses the circuit court’s misgivings and concerns about the manner in which the statutory proceedings are conducted. It is evident that the circuit court relied on its perceived flaws in the statutory procedure, rather than on an individualized assessment of Jane Doe’s case, in dismissing the petition. This was an abuse of discretion that compels reversal.
Reversed and remanded with directions to grant the petition.
WALLACE; J., Concurs.
BLACK, J., Dissents.
dissenting.
Given the concerns expressed in the majority opinion regarding the circuit judge’s objectivity, which I understand, I would remand for a new hearing before a different circuit judge pursuant to the remand provision in section 390.01114(4)(b)(2).
BLACK, J.,
dissenting.
Given the concerns expressed in the majority opinion regarding the circuit judge’s objectivity, which I understand, I would remand for a new hearing before a different circuit judge pursuant to the remand provision in section 390.01114(4)(b)(2).
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In re Jane Doe 22-A v. . (Fla. 1st DCA 2022)…the minor lacked emotional development or stability is speculative and ignores that the minor has functioned at a higher level than many adults, particularly in holding a full- time job and raising a child without governmental assistance. In re Doe, 153 So. 3d 925, 926 (Fla. 2d DCA 2014) (“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.”); see also In re Doe, 924 So. 2d 935, 939 (Fla. 1st DCA 2006) (“In determi…
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IN the Interest of Jane DOE vs (Fla. 2d DCA 2020)…is, the requirements of section 390.01114 are not in her best interest. Again, the burden is on Doe to prove by clear and convincing evidence that requiring notification to and the consent of her parents is not in her best interest. See In re Doe, 153 So. 3d 925, 926 (Fla. 2d DCA 2014). The only proof Doe provided of her parents' whereabouts was her own testimony. But her testimony that her mother lived in Guatemala and that she had come to this country with only her father contradicted the allegations of…
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IN the Interest of: Jane DOE vs (Fla. 2d DCA 2021)…r must prove, by clear and convincing evidence, that she is mature enough to decide whether to terminate her pregnancy or that it is not in her best interest to notify a parent or guardian and obtain consent for the termination. See id.; In re Doe, 153 So. 3d 925, 926 (Fla. 2d DCA 2014); In re Doe, 113 So. 3d 882, 888 (Fla. 2d DCA 2012); In re Doe, 67 So. 3d 268, 268 (Fla. 2d DCA 2011). "The minor need not possess the same maturity as an adult, but she must demonstrate that she is sufficiently mature to make…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 the Interest of E.D. v. Dep't of Child. & Fam. Servs., 884 So. 2d 291 (Fla. 2d DCA 2004)
- Lahodik v. Lahodik, 969 So. 2d 533 (Fla. 1st DCA 2007)
- Wilson v. Bambi Robinson, 917 So. 2d 312 (Fla. 5th DCA 2005)
- In re Petition of Jane DOE for a Judicial of Pregnancy. Jane Doe, 67 So. 3d 268 (Fla. 2d DCA 2011)
- 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)
- In re Jane DOE 13-A, 136 So. 3d 748 (Fla. 1st DCA 2014)
- Martin v. State, 136 So. 3d 723 (Fla. 1st DCA 2014)