Westmoreland Cnty. C.P. Local Rules of Court RULE WO 16.12

(a) The court shall advise the pregnant minor filing an application at the time when she

files the application that she has a right to court-appointed counsel or the right to

retain private counsel at her own expense, and that she has a right to appointment

of a guardian ad litem, and the court shall appoint such counsel or guardian ad litem

upon request of the applicant or at its discretion.

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(b) The Orphans’ Court shall maintain a list of qualified attorneys within the jurisdiction

of the court who shall serve by court appointment as counsel for the applicant or as

guardian ad litem whenever required by the Abortion Control Act or by these Rules.

(c) A guardian ad litem will be appointed by the court in all cases where it is necessary

to obtain records pertaining to an adult applicant’s mental capacity to request or to

consent to an abortion. The guardian ad litem may act on behalf of the minor or

incapacitated pregnant woman to sign authorizations to release medical records to

the court.

CROSS REFERENCES: See 18 Pa.C.S. § 3206(e) and Pa. O.C. Rule 16.1, note.

EXPLANATORY COMMENTS: Records essential to the court’s decision on an application on

behalf of a mentally incapacitated woman should be obtained

through written consent of her guardian ad litem. This rule is

of particular importance in cases where a medical

practitioner or family member seeks authority to consent to

an abortion as the guardian of the pregnant woman. Section

106 of the Mental Health Procedures Act, 50 P.S. § 7106,

provides that medical records related to proceedings under

the Mental Health Procedures Act may not be released

without the signed authorization of the patient and that, in

no case, may confidential communications between the

patient and doctor, resulting from any proceedings under the

Mental Health Procedures Act, be released.

Adopted February 1, 1996, effective May 1, 1996. Rule WO204 renumbered April 6, 2017, effective May 29,

2017.