IN
THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN
AND FOR PINELLAS AND
ADMINISTRATIVE ORDER NO. 2011-061
PA/PI-CIR
RE: PROCEEDINGS TO WAIVE PARENTAL NOTIFICATION
OF TERMINATION
OF
PREGNANCY
Chapter 2011-227, Laws of Florida
was adopted by the Florida legislature. That law amends §390.01114, Fla.
Stat., which requires a physician performing or inducing the termination of a
minor child’s pregnancy, or the referring-physician, to notify a parent or
legal guardian of the minor child of the child’s decision to have an
abortion. The statute also allows for a waiver of that notification
requirement in certain circumstances.
Administrative Order 2011-048 was adopted to incorporate the 2011 legislative changes. Additional changes are now needed to incorporate procedural changes recommended by the Pinellas Clerk of the Circuit Court and to incorporate the amendments to the Rules of Juvenile Procedure adopted by the Florida Supreme Court. In re: Amendments to the Florida Rules of Juvenile Procedure, 2011 WL 4975440 (Oct. 20, 2011).
In accordance with Article V, §2, Florida Constitution, Rule of Judicial Administration 2.215, and §43.26, Florida Statutes, it is
ORDERED:
1.
Petitions
filed pursuant to §390.01114, Fla. Stat., that are filed in Pinellas County
shall be filed with the Clerk of the Circuit Court at the Criminal Justice
Center, Juvenile Department, 14250 49th St. N
2.
In
3.
When
the petition is filed in
a. Immediately contact the judge to
whom the petition is assigned by phoning the judge’s judicial assistant who
will notify the judge that a petition has been filed
b. The deputy clerk will place the
court file in the designated judge’s bin and the judicial assistant will
provide the file to the judge. The petitioner,
and petitioner’s attorney, if any, shall be advised by the deputy clerk to
proceed to judicial reception to obtain access to the judge’s chamber or to the
location designated by the judge for a hearing pursuant to paragraph c, d, or e
below.
c. When requested by the Court, a
deputy court clerk must attend the hearing and any subsequently scheduled
hearings.
d. If the petitioner is represented by counsel, the judge
will conduct a hearing on the petition or set a hearing for a later time. Unless an extension is requested, the hearing
must be held and an order issued within 3 business days after the petition is
filed. If a hearing is set for a
subsequent time, the deputy court clerk will prepare a Notice of Hearing in a
format substantially similar to that in Attachment
A and provide it to the petitioner and petitioner’s attorney while
they are present.
e. If the petitioner is not represented by counsel and has
requested counsel, the deputy court clerk will contact the next attorney on the
Attorney for Child registry of attorneys approved by the Chief Judge. The attorneys should be contacted on a
rotation basis; however, if an attorney is not available to assist the minor,
the next attorney on the list should be contacted until an attorney is located
to represent the minor. If no registry attorney is available, an attorney from
the Office of Criminal Conflict and Civil Regional Counsel is to be appointed. The order of Appointment of Counsel and Notice
of Hearing shall be prepared by the deputy court clerk in a format
substantially similar to that in Attachment B
and a copy given to the petitioner while she is present.
f. If the petitioner is not represented
by counsel and has not requested counsel in the petition, the Court will
conduct a hearing to advise the petitioner that she has a right to
court-appointed counsel at no cost to her.
After inquiry, the Court may appoint counsel if requested by the
petitioner or as the circumstances require.
i. If the petitioner requests counsel
or the Court otherwise determines that counsel should be appointed, the deputy
court clerk will follow the procedures in subparagraph e, above.
ii. If the petitioner does not request
counsel and the Court does not otherwise determine that counsel should be
appointed, the Court will conduct a hearing on the petition or set a hearing
for a later time. Unless an extension is
requested, the hearing must be held and an order issued within 3 business days after
the petition is filed. If a hearing is
set for a subsequent time, the deputy court clerk will prepare a notice of
hearing and provide it to the petitioner while she is present.
4.
When
the petition is filed in Pasco County, the Clerk of the Circuit Court shall
take the following actions:
a. Immediately contact the judge to
whom the petition is assigned and obtain a date and time for the hearing
b. If the minor is not represented by
counsel, contact the next attorney on the Attorney for Child registry of
attorneys approved by the Chief Judge.
The attorneys should be contacted on a rotation basis, however, if an
attorney is not immediately available to assist the minor, the next attorney on
the list should be contacted until an attorney is located to represent the
minor. If no registry attorney is available, an attorney from the Office of
Criminal Conflict and Civil Regional Counsel is to be appointed.
c. Prepare an order of Appointment of Counsel
and Notice of Hearing for the judge’s signature using the form in Attachment B or if the minor already has
counsel, a Notice of Hearing using the form in Attachment
A.
d. Provide a copy of the order of Appointment
of Counsel and Notice of Hearing to the minor before the minor leaves the
Clerk’s office.
e. Provide a copy of the order of Appointment
of Counsel and Notice of Hearing to the minor’s attorney.
5.
If
the petitioner leaves prior to obtaining notification of the date and time of
the hearing, the deputy court clerk shall provide notice to the minor in the manner
requested in the petition.
6.
The
judicial assistant for the judge handling the petition is to:
a. Obtain the file and deliver it to
the judge.
b. Request an in-court clerk for the
hearing.
c. Request that the Stenographic Court
Reporting Department provide a court reporter, except that in New Port Richey,
the contract court reporters should be notified. A court reporter is required for all
proceedings held pursuant to §390.01114, Fla. Stat., including any hearing on
appointment of counsel.
d. Notify the bailiff.
7.
Judges
are encouraged to hold such hearings at a place and time that will provide the
maximum privacy to the minor, ensure that unauthorized persons are not in the
courtroom, that unauthorized persons cannot see or hear the proceedings, and to
otherwise recognize the sensitive nature of these proceedings
8.
In
Pinellas County, if none of the Unified Family Court judges are available to
schedule the hearing and issue an order within 3 business days, the Clerk shall
contact the duty judge who shall handle the matter. In Pasco County, if the dependency judge and
the judge handling shelter hearings are not available to schedule the hearing
and issue the order within 3 business days, the Clerk shall contact the duty
judge.
9.
If
the Court fails to rule within 3 business days after the petition is filed, the
minor may petition the Chief Judge for a hearing by filing with the Clerk of the
Circuit Court an Emergency Request for the Chief Judge. The Emergency Request should be filed at the
juvenile counter and Attachment C may be used for this purpose. Upon receiving an Emergency Request, the
deputy clerk shall immediately contact the office of the Chief Judge, or if the
Chief Judge is not available, the duty judge.
As appropriate in the circumstances, the procedures in this Order for
the initial proceeding will be followed.
If a hearing has not already been conducted, a hearing must be scheduled within 48 hours of receipt of the petition
and an order issued within 24 hours of the hearing. If the Clerk is unable to reach the Chief
Judge and the matter is directed to the duty judge, the Clerk shall also
promptly notify the Chief Judge.
10.
Any
records generated by the Clerks of the Circuit Court shall use the initials of
the minor or, if a sworn statement of true name and pseudonym is filed, the
pseudonym.
11.
If
an appeal of the order dismissing a petition for judicial waiver of parental notice
of termination of pregnancy is filed, the Clerk shall prepare and transmit the
record as described in Rule 9.200(d) within two days from the filing of the
notice to appeal.
Administrative
Order 2011-048 is hereby rescinded.
DONE AND ORDERED in Chambers at Clearwater,
Pinellas County, Florida, this ____ day of December, 2011.
ORIGINAL
SIGNED on December 6, 2011
BY J.
THOMAS MCGRADY, CHIEF JUDGE
cc: All
Judges
The Honorable
The Honorable
The Honorable
The Honorable Paula S. O’Neil, Clerk of the Circuit
Court, Pasco County
John E. Hendry, Regional Counsel
Gay Inskeep, Trial Courts
Administrator
Debbie Gay, Assistant Court
Services Director, Pasco County Clerk’s Office
Myriam Irizarry, Chief Deputy
Director, Pinellas County Clerk’s Office
Lillian Simon, Director of
Administrative Services, Pasco County
Bar Associations, Pinellas and Pasco
County
Law Libraries, Pinellas and Pasco
County
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN
AND FOR
IN
THE INTEREST(S) OF:
Ref No:___________________DPANO
___________________________ UCN:__________________________
Petitioner, a minor
NOTICE
OF HEARING
The
hearing in this proceeding shall be held at _________ on _______________, 20__
at
(Time) (month/day)
__________________________________________________
Courthouse /
Courtroom #
DONE AND ORDERED in Chambers at Pasco/Pinellas
County, Florida, this ________ day of ________20__.
______________________________
CIRCUIT
JUDGE
cc: Petitioner
Petitioner’s
Attorney
Attachment
A
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN
AND FOR
IN
THE INTEREST(S) OF:
Ref
No:___________________DPANO
___________________________ UCN:__________________________
Petitioner, a minor
APPOINTMENT
OF COUNSEL AND NOTICE OF HEARING
Attorney
______________________________ is hereby appointed to represent the minor
in this proceeding
____________________.
(Telephone No)
The
hearing in this proceeding shall be held at _________ on _______________, 20__
at
(Time) (month/day)
__________________________________________________
Courthouse /
Courtroom #
DONE AND ORDERED in Chambers at
Pasco/Pinellas County, Florida, this ________ day of ___________20__.
______________________________
CIRCUIT
JUDGE
cc: Petitioner
Petitioner’s
Attorney
Attachment
B
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN
AND FOR PASCO/PINELLAS COUNTIES, FLORIDA
IN
THE INTEREST(S) OF:
Ref
No:___________________DPANO
_______________________ UCN:__________________________
[use pseudonym or initials if a
sworn statement
of true name is filed]
Petitioner, a minor
EMERGENCY
REQUEST FOR CHIEF JUDGE TO REQUIRE A HEARING ON A PETITION FOR JUDICIAL WAIVER
OF NOTICE
I
hereby petition the Chief Judge for an order directing a hearing and ruling on
my petition for judicial wavier of notice in accordance with the statutory time
periods.
In
support of this petition, I state:
1.
The Petitioner/Petitioner’s Attorney filed a Petition on _________________ in this
case. [date]
2.
The third business day from the date of filing the petition was
_____________. The statutory time period
in §390.01114, Fla. Stat., has expired. [date]
3. I have not requested an extension of time for
the hearing to be conducted or a ruling to be made.
4.
□ A hearing has been held on the Petition, but no ruling has been made
within the statutory time period.
□
A hearing has not been held on the Petition
and no ruling has been made.
Submitted this _____day of
___________, 20__ at _____ A.M/P.M.
________________________________________
Petitioner
or Petitioner’s Attorney Signature
[Petitioner should use pseudonym
or initials if a sworn statement of true name is filed]
Print
name of attorney if any__________________
Address___________________________________
Phone
number______________________________
Florida
Bar No._____________________________
Attachment C