IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS AND PASCO COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2006-063 PA/PI-CIR 

 

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RE:     PROCEEDINGS TO WAIVE PARENTAL NOTIFICATION OF TERMINATION

OF PREGNANCY

 

Chapter 2005-52, Laws of Florida was adopted by the Florida legislature.  That law 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 law also allows for a waiver of that notification requirement in certain circumstances.  See section 390.01114, Florida Statutes.

 

The Florida Supreme Court on June 29, 2005, adopted Rules of Juvenile Procedure 8.800 et. seq. and certain forms in order to implement this statutory provision.  See In Re:  Amendments to the Florida Rules of Juvenile Procedure, SC 05-950.  On July 6, 2006, the Supreme Court of Florida amended the Rules of Juvenile Procedure regarding waiver of parental notice of termination of pregnancy, therefore Administrative Order 2005-046 PA/PI-CIR must be updated. 

 

The Chief Judge, pursuant to Rule of Judicial Administration 2.050, has the authority to provide for the orderly administration of justice in this circuit.

 

Therefore in order to provide procedures for such actions, it is hereby

 

ORDERED:

1.                  Petitions filed pursuant to section 390.01114, Florida Statutes, 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., Clearwater, FL which is where the Unified Family Court judges are located.  Those petitions that are filed in Pasco County may be filed at either courthouse and should be filed with the Clerk of the Circuit Court, Juvenile Counter.

 

2.                  In Pinellas County, such petitions shall be assigned to a Unified Family Court section using an equal, at random, blind assignment system and assigned a DP case number.   In Pasco County the petition shall be assigned to the Unified Family Court section at the courthouse where the petition is filed and assigned a DP case number. A new case number shall be assigned and a separate court file maintained, regardless of any pending cases involving the petitioner.

 

3.                  When the petition is filed in Pinellas County, the Clerk of the Circuit Court shall take the following actions:

 

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.  If the judicial assistant or the assigned judge cannot be immediately contacted, notify any other Unified Family Court judge using an equal, at random, blind system, that a petition has been filed.  If none of the Unified Family Court judges are available to schedule the hearing and issue an order within 48 hours, the Clerk shall contact the duty judge who shall handle the matter.

 

b.      Following the directions obtained from the judge, a deputy court clerk shall bring the petition and case file, the petitioner, and the petitioner’s attorney, if any, 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.  A deputy court clerk must remain for the hearing and must attend any subsequently scheduled hearing.

 

c.       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 48 hours of the filing of the petition, including weekends, holidays and times after regular business hours of the court.  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.

 

d.      If the petitioner is not represented by counsel and has requested counsel in the petition, the deputy court clerk will contact the next attorney on the Attorney for Child registry of attorneys approved by the Local Indigent Services Committee.  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. The order of appointment 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. 

                                                           

e.       If the petitioner is not represented by counsel and has not requested counsel in the petition, the judge will conduct a hearing to advise the petitioner that she has a right to court-appointed counsel at no cost to her, and after inquiry 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 contact the next attorney on the Attorney for Child registry of attorneys approved by the Local Indigent Services Committee.  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. The order of appointment 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. 

 

                                                                         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 48 hours of the filing of the petition.  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.  If the Unified Family Court judge is not available, the judge handling shelter hearings shall handle the matter.  If the Unified Family Court judge and the judge handling shelter hearings are not available to schedule the hearing and issue an order within 48 hours, the Clerk shall contact the duty judge who shall handle the matter.

 

b.      If the minor is not represented by counsel, contact the next attorney on the Attorney for Child registry of attorneys approved by the Local Indigent Services Committee.  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.

                             

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 and notice of hearing to the minor before the minor leaves the Clerk’s office. 

                                               

e.       Provide a copy of the order of appointment and notice of hearing to the minor’s attorney.

                                               

5.                  If the court has not acted upon a petition within 48 hours of the filing of the petition and a request for extension of time has not been filed, the petition shall be deemed granted and the Clerk shall issue the petitioner a certificate indicating the notice requirement is waived pursuant to 390.01114(4)(b).  The form certificate in Attachment C may be used.

 

6.                  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.

 

7.                  The judicial assistant for the judge handling the petition shall notify the Court Reporting Office or in New Port Richey the contract court reporters to schedule a court reporter for all proceedings held pursuant to section 390.01114, Florida Statutes or this order, including any hearing on appointment of counsel.

 

8.                  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.

 

9.                  In Pinellas County, if none of the Unified Family Court judges are available to schedule the hearing and issue an order within 48 hours, the Clerk shall contact the duty judge who shall handle the matter.  In Pasco County, if the Unified Family Court judge and the judge handling shelter hearings are not available to schedule the hearing and issue the order within 48 hours, the Clerk shall contact the duty judge.  If the matter is to be handled by the duty judge and it is a Friday or another day when the next two days are not workdays, in the discretion of the duty judge, the following procedure may be used:

 

a.       If the minor is represented by counsel, the deputy court clerk shall prepare a notice of hearing in a format substantially similar to that in Attachment A specifying that the matter will be heard by a duty judge following first appearance on the next day and provide a copy of the notice to the attorney.

 

b.      If the minor is not represented by counsel, the deputy court clerk shall contact the next attorney on the Attorney for Child registry of attorneys approved by the Local Indigent Services Committee.  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. The order of appointment 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.  The notice of hearing shall specify that the matter will be heard by a duty judge following first appearance on the next day.

10.       Any records generated by the Clerk 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 2005-046 PA/PI-CIR is hereby rescinded.

 

            DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this

______ day of August, 2006.

 

                                                                                                                                                                                                                                                            ______________________________

                                                                                                David A. Demers, Chief Judge

 

 

 

cc:        All Judges

            The Honorable Bernie McCabe, State Attorney

            The Honorable Robert H. Dillinger, Public Defender

            The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

            The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

            Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office

            Carol Heath, Director, Court Services Division, Pinellas County Clerk’s Office

            Gay L. Inskeep, Trial Courts Administrator

            Kerry Rice, Deputy Courts Administrator, Pasco County

            Bar Associations, Pasco and Pinellas Counties

            Law Libraries, Pasco and Pinellas Counties

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO/PINELLAS COUNTIES, FLORIDA

 

 

                                                                                    Ref No:___________________DPANO

IN THE INTEREST(S) OF:                                         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 PASCO/PINELLAS COUNTIES, FLORIDA

 

 

                                                                                    Ref No:___________________DPANO

IN THE INTEREST(S) OF:                                         UCN:__________________________

 

___________________________

Petitioner, a minor

 

 

APPOINTMENT OF COUNSEL AND NOTICE OF HEARING

 

 

            Attorney ______________________________ is hereby appointed to represent the minor

 

in this proceeding.  The minor shall contact the attorney prior to the hearing on this matter, at

 

____________________.      

(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:_________________________

___________________________

Petitioner, a minor

 

 

CLERK’S CERTIFICATE PURSUANT TO

SECTION 390.01114(4)(b), FLORIDA STATUTES

 

The Petitioner in this cause filed a Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy on (month/day/year) at (time). Petitioner has not requested an extension of time. As of (month/day/year) at (time), 48 hours have passed since the filing of the petition, and the Court has not entered a final order. Accordingly, the petition is granted, and the notice requirement is waived pursuant to section 390.01114(4)(b), Florida Statutes.

 

 

Clerk of the Circuit Court

By: ______________________

(Deputy Clerk)

 

                                                                                   

 

cc:        Petitioner

            Petitioner’s Attorney

 

 

 

 

 

 

 

 

 

 

 

 

“Attachment C”