Abortion Rules
Baldwin's Kentucky Revised Statutes AnnotatedSpecial Rules for Self-Consent Abortion by A Minor
Rules of the Supreme Court (SCR), Rule Abortion Rules
Abortion Rules
The purpose of these rules is to provide an expedited and confidential procedure for minors seeking to apply for self-consent for an abortion, pursuant to KRS 311.732, and for appeals therefrom. Confidentiality shall be enforced in the same manner as subsection (1) of the Adoptions Records Statute, KRS 199.570(1).
Insofar as there exists a conflict between the Kentucky Rules of Civil Procedure and these Special Rules for Self-Consent Abortion by a Minor, the Rules of Civil Procedure shall be suspended.
The adoption of these special rules does not, either expressly or impliedly reflect on the ultimate constitutionality of the statute involved.
A. In order to protect the anonymity of persons making a petition for self-consent for an abortion pursuant to KRS 311.732, the following provisions shall apply:
(2) The petition and all information relating thereto shall be confidential, shall not be a public record, and shall not be released to the public. For the purpose of record keeping, petitions shall contain the initials of the petitioner, a name, address, and telephone number where the petitioner can be reached, and where necessary, an alternate address and telephone number for the petitioner.
B. In order to assure expeditious hearings on petitions filed pursuant to KRS 311.732, the following provisions shall apply:
(4) The judge shall, within seventy-two (72) hours, weekends or holidays included, convene a hearing and decide the matter in question and the judge shall advise the petitioner of her right to an immediate appeal to the Court of Appeals in the event of the judge's failure to render a decision within the seventy-two (72) hour time limit.
C. In order to assure expeditious appeals on petitions filed pursuant to KRS 311.732, the following provisions shall apply:
(5) Upon the filing of an appeal with the Clerk of the Court of Appeals, the Clerk shall forthwith notify the Chief Judge of the Court of Appeals or his deputy or designated substitute of the filing of the appeal, and the Chief Judge or his designee shall assign the matter to a member of the Court of Appeals who shall immediately consider the appeal. The judge designated to consider the matter shall convene a panel of the court without delay. Final disposition shall be by a panel.
(8) The Court of Appeals shall render its decision following the hearing if at all possible, but in no event shall the time for the rendering of the decision exceed seventy-two (72) hours from the time of the filing thereof unless an extension is requested by the petitioner. A written decision is required.
Credits
HISTORY: Amended eff. 9-2-88; adopted eff. 11-13-86
Sup. Ct. Rules, Rule Abortion Rules, KY ST S CT Rule Abortion Rules
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document |