Louisiana HB 989: CHILDREN: Provides relative to reporting certain information relating to minors who undergo abortions (RE SEE FISC NOTE GF EX See Note)

Bill Text

HLS 22RS-1111 REENGROSSED
2022 Regular Session
HOUSE BILL NO. 989
BY REPRESENTATIVES CREWS, AMEDEE, BACALA, BUTLER, CARRIER,
EDMONDS, EDMONSTON, EMERSON, FIRMENT, GAROFALO, HORTON,
MCCORMICK, MCFARLAND, CHARLES OWEN, SEABAUGH, AND WRIGHT
CHILDREN: Provides relative to reporting certain information relating to minors who
undergo abortions
1 AN ACT
2 To amend and reenact R.S. 40:1061.14(B)(2) through (13), (C), and (D) and to enact R.S.
3 40:1061.14(B)(14) and (15) and (E), relative to minors who undergo abortions; to
4 provide for the report of certain information in connection with such abortions; to
5 provide for the requisite court findings; to provide for severability; and to provide
6 for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1061.14(B)(2) through (13), (C), and (D) are hereby amended and
9 reenacted and R.S. 40:1061.14(B)(14) and (15) and (E) are hereby enacted to read as
10 follows:
11 §1061.14. Minors
12 * * *
13 B. The following provisions shall apply to all applications for court orders
14 by minors seeking abortions and appeals from denials of applications:
15 * * *
16 (2) Each clerk of each court which has jurisdiction to hear such applications
17 shall prepare obtain application forms in clear and concise language which shall
18 provide step-by-step instructions for filling out and filing the application forms. All
19 application forms shall be submitted to from the attorney general for his approval.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 22RS-1111 REENGROSSED
HB NO. 989
1 A docket number shall be assigned and the case publicly docketed as In re:
2 Application of Jane Doe Pursuant to this Section. All filings shall be sealed,
3 including this application. The identity of the minor shall be proven through photo
4 identification or a copy of the minor's birth certificate. The clerk shall adopt a
5 process that maintains the minor's confidentiality while ensuring that the judge
6 knows her identity and the facts necessary for making a decision. The clerk may
7 communicate with another clerk regarding the existence or non-existence of another
8 judicial bypass application, provided that both clerks shall maintain the
9 confidentiality of the application. Each clerk shall assist each minor who requests
10 assistance in filling out or filing the application forms.
11 (3)(a) Each application shall be heard in chambers, anonymously, in a
12 summary manner, within four days, excluding legal holidays, of the filing thereof.
13 Prior to granting the application, the judge shall determine whether a duplicate
14 petition has been filed in any other division of the court or in any other court with
15 jurisdiction pursuant to this Subsection.
16 (b)(i) Prior to such ex parte hearing, the court is authorized to appoint an
17 attorney to represent the interests of the unborn child, the interests of the parent,
18 legal guardian, or lawful tutor, or the interests of any combination of these persons.
19 (ii) Prior to such ex parte hearing, the court may shall require the minor to
20 participate in an evaluation with a medical professional other than the abortion
21 provider to determine potential health risks to the minor, and also an evaluation and
22 counseling session with a mental health professional from the Louisiana Department
23 of Health, office of behavioral health, or a staff member from the Department of
24 Children and Family Services, office of children and family services, or both. The
25 court may refer the petitioner, if necessary, to the appropriate Louisiana Department
26 of Health, office of behavioral health regional office to arrange the evaluation and
27 counseling session within the four-day period prior to the ex parte hearing, as
28 provided in this Paragraph. This referral may be made by the clerk upon the minor's
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 22RS-1111 REENGROSSED
HB NO. 989
1 filing the application when the court has issued a standing order authorizing same
2 and the circumstances fit the criteria of the standing order therefor.
3 (ii) (iii) Such evaluation and counseling session shall be for the purpose of
4 developing trustworthy and reliable expert opinion concerning the minor's
5 sufficiency of knowledge, insight, judgment, and maturity with regard to her abortion
6 decision in order to aid the court in its decision and to make the state's resources
7 available to the court for this purpose. Persons conducting such sessions shall
8 employ the information and printed materials referred to in R.S. 40:1061.17 in
9 examining how well the minor interviewed is informed about pregnancy, fetal
10 development, abortion risks and consequences, the indicators of human trafficking,
11 and abortion alternatives, and shall also endeavor to verify that the minor is seeking
12 an