Working with Child Deprivation Cases in Georgia's Juvenile Courts

XII

Parental Notification Bypass Hearings

One additional responsibility of a law guardian does NOT necessarily address itself to permanency planning of abused or neglected children. However, as an attorney representing the best interests of children, a law guardian may be appointed on a parental notification judicial bypass hearing for a pregnant minor female.

Under O.C.G.A. § 15-11-110 et seq., any minor female in Georgia wishing to terminate a pregnancy must provide written documentation to the medical personnel, from her parent or guardian, that the parent/guardian is aware the child is seeking an abortion. The law does not require parental consent, only notification. There are, however, cases where pregnant minors may not wish to tell their parent or guardian, and these minors may seek a judicial bypass of the parental notification requirement. When the minor (or her attorney) files the complaint for the bypass hearing, a law guardian will be appointed to represent the minor's best interest and make a recommendation to the court.

There are two grounds that may be pled in the minor's complaint: that notification to the parent or guardian of the minor's desire to terminate her pregnancy would not be in the child's best interest; or that the child is mature enough and well enough informed about the abortion procedures and alternatives to make the decision in consult with her physician and without notification to her parent or guardian.

Regardless of personal stance on the termination of unwanted pregnancies, the law guardian electing to represent the interests of the child has an ethical duty to represent those interests in court. This will, of course, necessitate an investigation into the reasons the child has petitioned the court for the bypass.

In some cases, the minor appears at the juvenile court accompanied by an attorney, possibly through a legal network created by Planned Parenthood or other community organizations. This attorney serves as the child's legal counsel. In these situations, the law guardian will serve solely as the child's "attorney guardian ad litem," and represent her interests in court. If a minor files a motion for a judicial bypass pro se, the law guardian will consult with, interview and present the case in court on behalf of the child as the child's attorney AND guardian ad litem, both roles. If the law guardian does perceive or anticipate any conflict in representing the child AND her interests, the attorney will move the court to appoint an outside law guardian, and will remain as the child's counsel.