Parental Consent - Judge Shopping
S.B. 1059 was discharged from the Committee on Judiciary on May 1, 2008. H.B. 5650 was motioned to discharge from the Committee on Judiciary on May 7, 2008.
This legislation restores the Parental Consent law to its original intent by prohibiting 'judge shopping' by a minor who was denied a judicial bypass from one court, then goes to a neighboring court to seek one. Under this bill, a minor who was denied a waiver would be informed by the family division of the circuit court that she has a right to appeal to the Court of Appeals if she still felt the need to exclude her parents. However, if unanticipated circumstances in her pregnancy or in her family situation occur, she may request a rehearing of the same court that originally denied her waiver.
Secondly, the bills provide uniform standards for courts to follow as guidelines in determining whether or not to waive parental consent for a minor seeking an abortion. These guidelines are consistent with the line of questioning recommended by the Michigan Benchbook. Judges would determine the level of maturity the minor possesses, whether she is acting on her own volition or is coerced, among other criteria. She must also have been made aware of her alternatives and the consequences of each one. The court must also take into consideration whether the minor's parents have demonstrated neglect or physical, sexual or emotional abuse.
S.B. 1059, was introduced in the Senate by Sen. Alan Cropsey on January 24, 2008. The Senate Judiciary Committee reported S.B.1059 out on March 4, 2008 with a vote of 4-3. It passed in the Senate with a vote of 25-12 (1 absent) on March 11, 2008. It was referred to the House Judiciary Committee.
H.B. 5650, was introduced by Rep. David Robertson on January 22, 2008 and referred to the House Judiciary Committee.
These are a reintroduction of Rep. O'Neil's legislation which passed both the House and the Senate in 2004, however vetoed by Governor Granholm. H.B. 5650/S.B. 1059 has been re-written to circumvent the false issues the Governor cited when she vetoed the original bill.
See also 1990 Parental Consent