Colorado

Civil Procedure

Rule 2 – Petition for Waiver of Parental Notification Requirements

(a) Procedure. An unemancipated minor who seeks waiver of the parental notification requirements for an abortion shall file on her own, or have filed on her behalf, a “petition” with any district court or Denver Juvenile Court (both hereinafter referred to as “district court”), as provided in Rule 6 (Form 1 ) of these rules. These rules of procedure and forms, as well as instructions for using the judicial bypass procedure, shall be available free of charge at the offices of all clerks of the state district courts and on the Judicial Department’s official website (http://www.courts.state.co.us). The clerk of court’s office shall provide assistance to minors seeking to file a judicial bypass petition in a manner that protects the minor’s right to anonymity and confidentiality in the proceedings.

(b) Expedited Proceedings. Court proceedings under this rule shall be given preference over other pending matters and shall be heard and decided as soon as practicable but in no event later than four calendar days after the petition was filed. If the court fails to act within four calendar days, the court in which the proceeding is pending shall immediately issue an order setting forth that the parental notification requirements have been dispensed with by operation of law, pursuant to Section 12-37.5-107(2) (f), C.R.S.

(c) Setting. At the time the petition is filed, the clerk shall immediately transfer the court file to the assigned judge for setting and inform the person filing the petition of the date, time and location of the hearing. The hearing shall be set as soon as practicable but in no event later than four calendar days after the date of filing. The hearing time shall accommodate the minor’s schedule as practicable and shall be set before a district court or Denver juvenile court judge, and not a magistrate.

(d) Transfer of Court File. At the time the petition is filed, the clerk shall place the petition in a sealed envelope marked “SEALED MATERIALS – CONFIDENTIAL” identifying the file by case number only. The envelope shall be date stamped and forwarded immediately to the assigned judge for setting of the hearing. The clerk shall inform the judge of the four-day time limitation for the case and of any request for counsel and/or a guardian ad litem at that time.

(e) Contents of Petition. The petition shall include the following:

(1) the name and age of the minor;

(2) the length of the pregnancy;

(3) information to establish that the minor is unemancipated;

(4) a statement concerning whether the minor has been informed of the risks and consequences of the abortion;

(5) a statement that the minor seeks to have an abortion without notifying her parent(s), guardian or foster parent;

(6) the name, address and telephone number of the attending physician should the minor request to have the court inform the physician directly of its decision;

(7) a statement that the minor is sufficiently mature to decide whether to have an abortion without the notification of her parent(s), guardian or foster parent, and/or that parental notification would not be in her best interest;

(8) any request for court appointed counsel and/or a guardian ad litem; and

(9) contact information for confidential notification by the court of any court proceedings and/or rulings.

(f) Grounds for waiver. In review of the petition, the court shall enter an order dispensing with the notice requirements of Section 12-37.5-104 , C.R.S. if:

(1) the court determines, by clear and convincing evidence, that the minor is sufficiently mature to decide whether to have an abortion; or

(2) the court determines, by a preponderance of the evidence, that the giving of parental notice would not be in the best interest of the minor.

(g) Orders. Any order allowing for or denying a waiver of the parental notification requirements, either on the record or in writing, shall include specific factual and legal conclusions in support of the decision. The order shall issue within four calendar days of the filing of the petition. If the court fails to act within four days, an order shall immediately be issued by the court setting forth that the parental notification requirements have been dispensed with by operation of law. A certified copy of any order issued shall be provided to the minor by the method requested in the petition, the minor’s attorney, if represented, and the guardian ad litem, if one has been appointed. A certified copy of the order also shall be provided to the attending physician of the minor, as set forth in the petition. If the court denies the petition, the minor and/or her attorney, if she is represented, shall be notified of the right to appeal and provided with a copy of the notice of appeal form (Form 3 ) contained in Rule 6 of these rules.

(h) Appointment of Counsel and/or Guardian Ad Litem. The court may appoint counsel for the minor, if she is not represented. In addition, the court may appoint a guardian ad litem for the minor. Any appointed attorney or guardian ad litem shall be retained at no cost to the minor, shall act within the time frames provided in these rules and shall maintain the confidentiality of the court record and proceedings.

C.R.C.P. 2

Source: Entire chapter added and effective September 18, 2003.

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