November 1, 2006

• misleading TV ad against Prop 85

  You may have seen an ad on TV that says “Prop 85 would force girls to notify an abusive or violent parent that they are pregnant.”  This is false.

  Proposition 85 allows a minor to petition the juvenile court for a waiver if notifying her parents is not in her best interests.  The court proceeding is free, confidential, and fast (a waiver is granted automatically if the judge fails to rule in time).  The court helps the minor prepare the documents, and she has a right to a court-paid lawyer.  This process is already working in other states.  And of course, abortion providers are more than willing to assist minors in getting waivers (for obvious rea$on$).  For more facts rebutting the false claims of Prop 85′s opponents, go to www.yeson85.net.

  ---

  You don’t have to take my word for it.  You can read the Proposition 85 text yourself:

  (g) Notice shall not be required under this Section if waived pursuant to this subdivision and subdivisions (h) or (i) or (j). If the pregnant unemancipated minor elects not to permit notice to be given to a parent or guardian, she may file a petition with the juvenile court. If, pursuant to this subdivision, an unemancipated minor seeks to file a petition, the court shall assist the minor or person designated by the minor in preparing the documents required pursuant to this Section. The petition shall set forth with specificity the minor’s reasons for the request. The court shall ensure that the minor’s identity be kept confidential and that all court proceedings be sealed. No filing fee shall be required for filing a petition. The unemancipated minor shall appear personally in the proceedings in juvenile court and may appear on her own behalf or with counsel of her own choosing. The court shall, however, advise her that she has a right to court-appointed counsel upon request. The court shall appoint a guardian ad litem for her. The hearing shall be held by 5 p.m. on the second court day after filing the petition unless extended at the written request of the unemancipated minor, her guardian ad litem, or her counsel. If the guardian ad litem requests an extension, that extension may not be granted for more than one court day without the consent of the unemancipated minor or her counsel. The unemancipated minor shall be notified of the date, time, and place of the hearing on the petition. Judgment shall be entered within one court day of submission of the matter. The judge shall order a record of the evidence to be maintained, including the judge’s written factual findings and legal conclusions supporting the decision.

  (h) (1) If the judge finds, by clear and convincing evidence, that the unemancipated minor is sufficiently mature and well-informed to decide whether to have an abortion, the judge shall authorize a waiver of notice of a parent or guardian.

  (2) If the judge finds, by clear and convincing evidence, that notice to a parent or guardian is not in the best interests of the unemancipated minor, the judge shall authorize a waiver of notice. If the finding that notice to a parent or guardian is not in the best interests of the minor is based on evidence of physical, sexual, or emotional abuse, the court shall ensure that such evidence is brought to the attention of the appropriate county child protective agency.

  (3) If the judge does not make a finding specified in subdivision (h)(1) or (h)(2), the judge shall deny the petition.

  (i) If the judge fails to rule within the time period specified in subdivision (g) and no extension was requested and granted, the petition shall be deemed granted and the notice requirement shall be waived.

  (j) The unemancipated minor may appeal the judgment of the juvenile court at any time after the entry of judgment. The Judicial Council shall prescribe, by rule, the practice and procedure on appeal and the time and manner in which any record on appeal shall be prepared and filed and may prescribe forms for such proceedings. These procedures shall require that the hearing shall be held within three court days of filing the notice of appeal. The unemancipated minor shall be notified of the date, time, and place of the hearing. Judgment shall be entered within one court day of submission of the matter. The appellate court shall ensure that the unemancipated minor’s identity be kept confidential and that all court proceedings be sealed. No filing fee shall be required for filing an appeal. Judgment on appeal shall be entered within one court day of submission of the matter.

  ---

  Unfortunately, YES on 85 doesn’t have the money to spend on a TV ad countering the false TV ad.  There is still time to donate or spread the truth by talking to people, e-mailing them, or posting in your blog.

  “A true witness delivereth souls: but a deceitful witness speaketh lies.” -Proverbs 14:25

  • 4:40 am
  • 1 Comment