Ky. Cir. Ct. Clerks' Manual SELF-CONSENT ABORTION

86 SELF-CONSENT ABORTION

KRS 311.732

Special Rules for Self-Consent Abortion by a Minor

District Court

A Self Consent Abortion case is confidential and can be heard by the district

or circuit/family judge.

1. Collect filing fees as set forth in the Accounting Manual and give a

receipt.

NOTE: Do not apply the FILED stamp or process the petition until the

filing fees are paid unless the petitioner checks the line on the petition

indicating she has insufficient funds to pay. (The judge does not have to

rule on this.); KRS 453.010; KRS 311.732(6).

2. The petitioner or the petitioner's next of kin may complete AOC Form

260, Abortion Petition.

NOTE: If requested, you must assist in the preparation of the petition,

insuring that that the minor prepares or her next friend is given

assistance in preparing and filing the petition.

3. Open a case in the CONFIDENTIAL division. For more information, see

Case Add in the KyCourts Manual.

4. Assign a case number using the next pre-numbered file folder for

juvenile J cases.

NOTES:

• Do not combine this petition with any other petitions on this

minor in your court.

• Only the petitioner's initials may appear on the petition. You

may enter her name on the party screen only. Do not use her

name on the case screen or file folder.

5. The case type is "Special Proceeding." Use case type SP.

6. If the petitioner is seeking to proceed In Forma Pauperis, the petition

must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 260. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how

to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered petition. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth. See Section 57.

Quick Reference

Collect filing fees

AOC Form 260

File, date, initial,

and note time

CO Division

Juvenile J case

Use petitioner’s

initials ONLY – Do

not use her name

on the case screen

or file folder

Case type SP

Document type

PAB

Process Map

SELF-CONSENT ABORTION

7. Apply the FILED stamp; add the date and your initials and note the

time the

petition was received.

8. File on document screen. Use document type PAB.

86.1 Petition/Motion of Order Quick Reference

1. Complete the Notice portion of the petition and assign a hearing for the Assign a hearing for

judge (circuit or district) by completing the scheduled events screen. The the judge within 72

hearing must be held within 72 hours (including weekends and holidays) hours of the filing

of the filing of the petition, unless the minor wants more time as

indicated on the petition.

2. Consult your roster of attorneys and appoint a Guardian Ad Litem (GAL).

Assign a Guardian

Fill in the name of the guardian ad litem in the space provided on the

Ad Litem

petition AOC Form 260, Abortion Petition. (Appointment of GAL is

mandatory.) Use only the minor's initials when filling out AOC Form 115, AOC Form 260

Appointment of Guardian Ad Litem. AOC Form 115

3. Apply the FILED stamp to the appointment of GAL form; add the date

and your initials. File, date, initial

4. File a document screen. Use document type AGAL.

5. Complete a party screen for the guardian ad litem. Document type

AGAL

6. If the petitioner has checked the line on the petition requesting counsel,

you must appoint an attorney from your assigned counsel list. (This

cannot be the same attorney as the GAL.)

7. Give the petitioner a copy of the petition. Serve the GAL with a copy of

AOC Form 260 and AOC Form 115. Serve the appointed counsel (if

applicable) with a copy of AOC Form 260. AOC Form 260

AOC Form 115

BEST PRACTICE: Have the GAL (and appointed counsel, if applicable)

served by the sheriff or other serving officer.

8. The judge has 72 hours (unless the petitioner requests more time) to

hear and issue an order in the case. Be sure the hearing is either audio

taped, video taped, or a written transcript is made.

SELF-CONSENT ABORTION

86.2 Order

1. Upon receipt of an Order either granting or denying the abortion apply Enter, date, initial

the ENTERED stamp to the order; add the date and your initials.

2. File a document screen. Use document type OGAB for AOC Form 261.1, * Grant abortion –

Order Granting Abortion or ODAB for AOC Form 261.2, Order Denying OGAB

Abortion. * Deny abortion –

ODAB

3. Notice of Entry should only be to the petitioner and ONLY hand

delivered.

4. Close the case screen by completing the disposition date, disposition

type and judge at disposition.

86.3 Denied Petition/Appeal Quick Reference

1. Upon receipt of AOC Form 262, Notice of Appeal Denial of Self Consent

Abortion by a Minor, collect filing fees for Appeals to Court of Appeals as

AOC Form 262

set forth in the Accounting Manual and give a receipt.

Collect filing fees

NOTE: Do not apply the FILED stamp or process the notice of appeal

until the filing fees are paid UNLESS the petitioner checks the line on the

petition indicating she has insufficient funds to pay. (The judge does not

have to rule on this.) KRS 453.010; KRS 311.732(7).

NOTE: See Section 4.1.3 if the notice of appeal is accompanied by a

Motion for Leave to Proceed In Forma Pauperis. Document type

2. File on document screen. Use document type NAAB. NAAB

3. You have five calendar days to index, bind, certify and transmit the

record (including the official recordings of any hearings) to the Court of If appealed you

Appeals. Supreme Court of Kentucky, Special Rules for Self-Consent have 5 days to

Abortion by a Minor, Section C(4); RAP 26(B). For more information, see certify and transmit

Appeals. the record to COA.

4. If no appeal is filed within 30 days refer to the Kentucky Court of Justice

Records Retention Schedule for instructions on destruction of the case.

For more information, see Record Retention.

BEST PRACTICE: Set up a 30-day tickler to review the case. For more

information refer to the KyCourts Manual.