Legislature(2009 - 2010)BELTZ 211
04/13/2009 01:30 PM HEALTH & SOCIAL SERVICES
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|Ocs Child & Family Services Review|
* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 35-NOTICE & CONSENT FOR MINOR'S ABORTION 2:46:19 PM CHAIR DAVIS announced consideration of HB 35. [CSHB 35(FIN) (CT RULE FLD)(EFD FLD) was before the committee.] REPRESENTATIVE COGHILL, sponsor of HB 35, said it deals with a supreme court ruling that came down two years ago saying that parental consent and notification had failed. He looked for a balance between the constitutional right of a young minor child under freedom of choice and the right of parents to guide them. 2:48:02 PM The state has agreed that parents have the responsibility to guide immature youngsters' choices and even veto them. His bill says the minor must obtain consent of the parents and have a 48- hour notice if the parents were fit and loving. Parental consent is not required if the youngsters are married, legally emancipated, self-subsisting and employed, or in the military. If they chose not to include the parents, they could go to court and demonstrate their own maturity and get consent to have an abortion. If the court doesn't act, that would be de-facto consent. Everywhere "consent" is used, "notification" is inserted. 2:51:14 PM For sexual or physical abuse of the child, parents would have to be notified; if not the parents, the bill requires an adult sibling, a grandparent, a police officer or officer of the court that has knowledge of the sexual abuse. The reason is that you don't want a youngster being further intimidated to sign a sworn statement without somebody protecting them. CHAIR DAVIS stated that the Senate committee substitute (SCS) had not been adopted and clarified that the sponsor asked her to roll the notification provision from the Senate bill into his bill. REPRESENTATIVE COGHILL added that it became clear that the only way to get this bill through this legislative session was to go with parental notification rather than consent. 2:53:39 PM CHAIR DAVIS asked if the Senate sponsor agreed with using his language. REPRESENTATIVE COGHILL answered yes. The SCS is the same basic outline of HB 35 without the consent language. SENATOR ELLIS said he wanted to understand more about the SCS before adopting it. He asked if they are talking about parental notification, why doesn't the title say "An Act Relating to Notice for a Minor's Abortion." 2:56:58 PM JEAN MISCHEL, Legislative Legal Services, explained that the House title was retained because it still adequately described the bill. The Senate bill has a shortened title and the other difference is the existence of the court rules and an effective date that failed on the House side. The Senate bill also retained the medical emergency exception that was in the "A" version of the House bill that didn't pass House Finance. SENATOR ELLIS said he was troubled by the title having the word "consent" in it. MS. MISCHEL explained that "consent" is in the current version only to the extent that it is being repealed from existing law in this SCS and that there is not title problem. SENATOR ELLIS remarked, "Well, it is for me." CHAIR DAVIS said it appears that the court language has been removed from the CS. MS. MISCHEL agreed that the court rules were not in the proposed CS, version E. 3:00:03 PM CHAIR DAVIS said she still intends to hear SB 179. REPRESENTATIVE COGHILL said he would be willing to accept a title amendment to the SCS. 3:05:27 PM SENATOR PASKVAN moved to adopt SCS CSHB 35, labeled 26-LS0192\E, as the working document. SENATOR DYSON objected, saying he preferred the original version. A roll call vote was taken: Senators Thomas, Paskvan, Davis, Ellis voted yea; Senator Dyson voted nay. Therefore, SCS CSHB 35, version E, was adopted. CHAIR DAVIS held HB 35 in committee.