Rule 9.147.

Appeal Proceedings To Review Final Orders Dismissing Petitions For Judicial Waiver Of Parental Notice Of Termination Of Pregnancy

(a) Applicability. Appeal proceedings to review final orders dismissing a petition for judicial waiver of parental notice of the termination of a pregnancy shall be as in civil cases, except as modified by this rule.

(b) Fees. No filing fee shall be required for any part of an appeal of the dismissal of a petition for a judicial waiver of parental notice of the termination of a pregnancy.

(c) Record. If an unmarried minor or another person on her behalf appeals an order dismissing a petition for judicial waiver of parental notice of the termination of a pregnancy, the clerk of the lower tribunal shall prepare and electronically transmit the record as described in rule 9.200(d) within 2 days from the filing of the notice of appeal.

(d) Disposition of Appeal. The court shall render its decision on the appeal as expeditiously as possible and no later than 7 days from the transmittal of the record. If no decision is rendered within that time period, the order shall be deemed reversed, the petition shall be deemed granted, and the clerk shall place a certificate to that effect in the file and provide the appellant, without charge, with a certified copy of the certificate.

(e) Briefs and Oral Argument. Briefs, oral argument, or both may be ordered at the discretion of the court. The appellant may move for leave to file a brief and may request oral argument.

(f) Confidentiality of Proceedings. The appeal and all proceedings therein shall be confidential so that the minor shall remain anonymous. The file shall remain sealed unless otherwise ordered by the court.

(g) Procedure Following Reversal. If the dismissal of the petition is reversed on appeal, the clerk shall furnish the appellant, without charge, with either a certified copy of the decision or the clerk’s certificate for delivery to the minor’s physician.

Committee Notes

      2014 Amendment. The previous version of this rule was found at rule 9.110(n).