Rule 16. PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT

(a) As used in Rule 16,

"act" means the Act of June 11, 1982, P.L. 476, No. 138, as amended, 18 Pa.C.S. Section 3201 et seq., known as the Abortion Control Act;

"applicant" means a pregnant woman: (i) who is less than eighteen years of age and not emancipated or (ii) a person acting on behalf of a pregnant woman who has been adjudged an incapacitated person pursuant to Chapter 55 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. Section 5501, et seq.;

"application" includes a motion or petition;

"court" means the Orphans' Court Division of the Court of Common Pleas, except in proceedings brought: (a) in Philadelphia in which the applicant is a minor in which case the term "court" means the Family Court Division; (b) in Allegheny County where said proceedings shall be heard in the Juvenile Court Section of the Family Court Division;

NOTE: See Rule of Judicial Administration 2157 governing distribution of business within courts of common pleas.

"proceeding" means a proceeding pursuant to Section 3206(c) of the Act, 18 Pa.C.S. Section 3206(c).

NOTE: Section 3206(c) of the Abortion Control Act relates to proceedings seeking authorization for a physician to perform an abortion.

(b) The procedure set forth in Rule 16 shall govern proceedings pursuant to Section 3206(c) of the Act, 18 Pa.C.S. Section 3206(c).

NOTE: These rules implement Section 3206 of the Abortion Control Act and work with that section to provide a full procedure.  Procedures which are set forth in that section rather than the rules include the following:

1. Participation in the proceeding and representation by an attorney, Section 3206(e).  The court shall be responsible for adopting a procedure to assure that the court advises the pregnant woman of her right to counsel and that counsel is appointed upon her request;

2. Conduct of the hearing, including the exclusion of persons, evidence to be heard and notices to be given the applicant, Section 3206(f)(3) and (4) and Section 3206(h); and

(3) Specific factual findings and legal conclusions by the court in writing, Section 3206(f)(1).

Section 3206 of the Act provides for an "expedited appeal".  See Rule 3801 et seq. of the Rules of Appellate Procedure which provide a complete procedure governing the appeal.

Pa.R.A.P. 3804 requires that the court reporter, without charge to the applicant, transcribe the notes of testimony and deliver them to the clerk of the court by 5:00 o'clock p.m. of the business day following receipt of the notice of appeal to the Superior Court.

(a) The proceeding shall be confidential.

NOTE: See subdivision (b) of this rule governing the sealing of the record. See Rule 16.6 for provisions governing docketing.  See Section 3206(f)(3) of the Act for the exclusion of persons from the hearing.

(b) The record, including the application, pleadings, submissions, transcripts, exhibits, orders, evidence, findings and conclusions and any other written material to be maintained, shall be sealed.

(c) The identity of the applicant shall not be disclosed in any decision of the proceeding.

The proceeding shall be given such precedence over other pending matters as will ensure that the court renders a decision within three business days of the date of the filing of the application.

Rule 16.4 Commencement, Venue, No Filing Fees

(a) The proceeding shall be commenced by filing an application in the appropriate division of the court of common pleas of the county in which the applicant resides or in which the abortion is sought.

(b) No filing fees or court costs shall be required of the applicant.

Rule 16.5 Application, Contents, Form of Verification, Assistance in Preparation

(a) The application shall set forth the following:

(1) the initials of the applicant;

(2) the age of the applicant;

(3) the names and addresses of each parent, guardian or, if the petitioner is a minor whose parents are deceased and no guardian has been appointed, any other person standing in loco parentis to the applicant;

NOTE: The names and addresses may be included in the separate unsworn verifications, form of which is provided by Rule 16.12, which shall be incorporated by reference in the application.

(4) a statement that the applicant has been fully informed of the risks and consequences of the abortion;

(5) a statement whether the applicant is of sound mind and has sufficient intellectual capacity to consent to the abortion;

(6) a prayer for relief asking the court to enter an order authorizing a physician to perform an abortion upon applicant;

(7) an unsworn verification stating that the information therein is true and correct and that the applicant is aware that any false statements made in the application are punishable by law.  The verification may be substantially in the form prescribed by subdivision (b); and

(8) the signature of the applicant, which may consist of the applicant's initials.

NOTE: See Rule 16.11 and Rule 16.12 for a suggested form of application when the applicant is a minor.

(b) The verification required by subdivision (a)(7) may be substantially in the following form:

I verify that the statements made in this application are true and correct to the best of my personal knowledge or information and belief.  I understand that false statements herein are made subject to the penalties of Section 4904 of the Crimes Code, 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.

(c) Where necessary to serve the interest of justice, the court shall refer the applicant to the appropriate personnel for assistance in preparing the application.

(a) Each court shall maintain a sealed docket which is not open to public inspection.

(b) The proceeding shall be docketed by case number only.

(c) The name or initials of the applicant shall not be entered on any docket which is subject to public inspection.

(d) Documents pertaining to the proceeding shall be maintained in a closed file which shall be marked "confidential" and identified by the case number only.

Rule 16.10 Form; Generally

The form of application by a minor and form of separate unsworn verification shall be prepared and filed in substantial conformity with:

(i) the forms set forth in Rules 16.11 and 16.12; or (ii) the forms approved by the local court-whichever the minor shall elect.

NOTE: Additional averments will be required for an application filed on behalf of a person who has been adjudged an incapacitated person pursuant to Chapter 55 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. Section 5501, et seq.

When the applicant is a minor, the application prescribed by Rules 16.4 and 16.5 may be in the following form:

                                                  COURT RULES

                IN THE COURT OF COMMON PLEAS OF COUNTY
             (JUVENILE COURT SECTION OF THE FAMILY DIVISION),
                         (ORPHANS') OR (FAMILY) COURT DIVISION

IN RE: Matter of ____________________,         Application No.______
                                               (Initials)             :
              A Minor                                             :     of 19_____

                                       MINOR'S APPLICATION FOR
                       JUDICIAL AUTHORIZATION OF AN ABORTION

TO THE HONORABLE, THE JUDGES OF THE SAID COURT:

             Applicant, a minor, whose initials are                 , respectfully states:

                              1.  Applicant is a pregnant woman, who (choose one):
                                      __ is a resident of this county; or
                                      __ seeks an abortion within this county.
                              2.  Applicant's date of birth is ________, 19_____
                              3.  Applicant is approximately ______weeks pregnant.
                              4.  The name and address of each parent or guardian or
                              person standing in loco parentis are contained in applicant's
                              separate unsworn verification.
-- Yes -- No          5.  Applicant desires to terminate her pregnancy and has
                              consulted with the physician who is to perform the abortion,
                              or with a referring physician, for that purpose on
                              _____ (date) at ____o'clock (a.)(p.)m. Applicant has been
                              fully informed of the risks and consequences of the abortion.
-- Yes -- No          6.  Applicant consents to the abortion procedure.
-- Yes -- No          7.  Applicant is of sound mind and has sufficient
                              intellectual capacity to consent to an abortion.
-- Yes -- No          8.  Applicant is mature and capable of giving informed
                              consent to the proposed abortion.
                                                              OR
-- Yes -- No          The performance of an abortion upon the applicant would
                              be in the applicant's best interests.
                              9.  Applicant is executing an unsworn verification with re-
                              spect to statements of fact in this application.  The unsworn
                              verification is set forth in a document separate from this
                              application but incorporated herein by reference.  Applicant
                              is aware that any false statements made in this application
                              are punishable by law.

Wherefore, applicant prays this Honorable Court to enter an Order authoriz-
ing a physician to perform an abortion upon applicant.

                                                              Respectfully submitted,

                                                              ____________________________
                                                              Applicant's Signature
                                                              (Initials may be used as signature)

Rule 16.12 Form of Separate Unsworn Verification

If the unsworn verification is to be a document separate from the application, the verification may be in the following form:

               IN THE COURT OF COMMON PLEAS OF ___COUNTY
            (JUVENILE COURT SECTION OF THE FAMILY DIVISION),
                       (ORPHANS') OR (FAMILY) COURT DIVISION

IN RE: Matter of ___________________,         Application No.______
                                          (Initials)               :
               A Minor                                         :     of 19 ____

                                  CONFIDENTIAL VERIFICATION

1.  I, _______(initials only), am the applicant in a separate application for an
abortion under Section 3206 of the Abortion Control Act.

2.  The name and address of each of my parents, guardian or person standing in
loco parentis is as follows (Please print):

___________________  __________________  ____________________
Father's Name                  Mother's Name              Guardian's Name

___________________  __________________  ____________________
Street                               Street                             Street

___________________  __________________  ____________________
City, State                        City, State                      City, State

3.  I verify that the statements made in the separate application and in this un-
sworn verification are true and correct to the best of my personal knowledge or
information and belief.
   I understand that false statements herein are made subject to penalties of
Section 4904 of the Crimes Code, 19 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
                                                               ____________________________
                                                               Applicant's Signature
                                                               (Initials may be used as signature)

                                                               ____________________________
                                                               Applicant's Date of Birth

                                                               ____________________________
                                                               Date

Rule 17. SHORT TITLE

These rules shall be known as Supreme Court Orphans' Court Rules, and shall be cited as Pa. O.C. Rules.