[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2380 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2380

 To require the written consent of a parent of an unemancipated minor 
  prior to the provision of contraceptive drugs or devices to such a 
 minor, or the referral of such minor for abortion services, under any 
                       federally funded program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 1998

 Mr. Ashcroft introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the written consent of a parent of an unemancipated minor 
  prior to the provision of contraceptive drugs or devices to such a 
 minor, or the referral of such minor for abortion services, under any 
                       federally funded program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting Parents First Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the family plays a unique role in our culture, it is 
        the institution by which we inculcate and pass down many of our 
        most cherished values;
            (2) the custody, care, and nurture of the child reside 
        first in the parents, whose primary function and freedom 
        include preparation for obligations the State can neither 
        supply nor hinder;
            (3) parents have the right and duty to be involved in 
        helping their minor children make important life decisions;
            (4) whether or not to beget a child is the most fundamental 
        decision in our culture;
            (5) parental involvement in this crucial decision is 
        necessary to ensure that the sanctity of human life is given 
        appropriate consideration;
            (6) parental inclusion will result in the protection of 
        human life; and
            (7) Congress is granted authority in section 5 of the 14th 
        Amendment to the Constitution of the United States to enact 
        laws that protect the right to life.

         TITLE I--PARENTAL INVOLVEMENT IN THE ABORTION DECISION

SEC. 101. PARENTAL CONSENT OR JUDICIAL BYPASS REQUIRED.

    (a) In General.--No individual shall knowingly perform an abortion 
upon or prescribe an abortifacient to a pregnant woman under the age of 
18 years unless--
            (1) the attending physician has secured the informed 
        written consent of the minor and a parent or guardian of the 
        minor; or
            (2) the attending physician has secured the informed 
        written consent of the minor and a court order waiving the need 
        for the consent of a parent or guardian pursuant to the 
        judicial bypass procedure described in section 102.
    (b) Penalty.--Any person who violates subsection (a) shall be fined 
not more than $25,000, or imprisoned for not more than 1 year, or both.

SEC. 102. JUDICIAL BYPASS.

    (a) In General.--A court of competent jurisdiction shall issue an 
order waiving the requirement for the informed written consent of a 
parent or guardian under section 101 if the court finds by clear and 
convincing evidence on an individual basis that--
            (1) the process of obtaining the informed written consent 
        of such parent or guardian is not in the best interests of the 
        minor petitioner; or
            (2) the minor petitioner is an emancipated minor.
    (b) Procedures.--
            (1) Confidential proceedings.--A proceeding under this 
        section shall be done under seal, be confidential, and ensure 
        the anonymity of the minor petitioner.
            (2) Filing.--A minor or a minor's legal representative may 
        file a petition under this section using the initials of the 
        minor.
            (3) Preference.--Proceedings under this section shall--
                    (A) be given preference over other proceedings;
                    (B) be expedited to the extent possible; and
                    (C) be concluded not later than 72 hours after the 
                filing of the petition unless an extension is sought by 
                the minor petitioner.
            (4) Findings.--A court that conducts proceedings under this 
        section shall make written findings of fact and conclusions of 
        law supporting its decision and shall maintain a confidential 
        record of the proceedings to facilitate appellate review.
            (5) Review.--A decision under this section denying a 
        request to waive the requirement for the informed consent of a 
        parent or guardian under section 101 shall be eligible for 
        expedited appellate review.
    (c) Definitions.--In this section:
            (1) Court of competent jurisdiction.--The term ``court of 
        competent jurisdiction'' means any State court eligible to hear 
        juvenile or family law matters, except that States may 
        designate specific State courts to consider petitions for 
        judicial bypass under this section.
            (2) Expedited appellate review.--The term ``expedited 
        appellate review'' means review by whatever court juvenile or 
        family law matters are generally appealed to, except that 
        States may designate specific appellate courts to consider 
        appeals under this section.

SEC. 103. APPLICATION OF STATE LAWS.

    The provisions of this title shall not be construed to preempt 
provisions of State law that provide greater protections to parents of 
minors seeking abortions than the protections provided by this title.

 TITLE II--PARENTAL INVOLVEMENT IN DECISIONS CONCERNING CONTRACEPTIVES 
                         AND ABORTION REFERRALS

SEC. 201. REQUIREMENT OF PRIOR PARENTAL CONSENT.

    (a) In General.--All federally funded programs that provide for the 
distribution of contraceptive drugs or devices to minors, or that 
provide abortion referrals to minors, are, except as provided in 
subsection (b), required to obtain informed written consent of a 
custodial parent or custodial legal guardian of a minor prior to the 
provision of contraceptive drugs or devices or abortion referral 
information to the minor.
    (b) Exception.--The requirement of prior written consent under 
subsection (a) shall not apply where the minor provides a court order 
waiving the need for consent of a parent or guardian pursuant to the 
procedure described in subsection (c).
    (c) Judicial Bypass.--
            (1) In general.--A court of competent jurisdiction shall 
        issue an order waiving the requirement for the informed written 
        consent of a parent or guardian under subsection (a) if the 
        court finds by clear and convincing evidence on an individual 
        basis that--
                    (A) the process of obtaining the informed written 
                consent of such parent or guardian is not in the best 
                interests of the minor petitioner; or
                    (B) the minor petitioner is an emancipated minor.
            (2) Procedures.--
                    (A) Confidential proceedings.--A proceeding under 
                this subsection shall be done under seal, be 
                confidential, and ensure the anonymity of the minor 
                petitioner.
                    (B) Filing.--A minor or a minor's legal 
                representative may file a petition under this 
                subsection using the initials of the minor.
                    (C) Preference.--Proceedings under this subsection 
                shall--
                            (i) be given preference over other 
                        proceedings;
                            (ii) be expedited to the extent possible; 
                        and
                            (iii) be concluded not later than 72 hours 
                        after the filing of the petition unless an 
                        extension is sought by the minor petitioner.
                    (D) Findings.--A court that conducts proceedings 
                under this subsection shall make written findings of 
                fact and conclusions of law supporting its decision and 
                shall maintain a confidential record of the proceedings 
                to facilitate appellate review.
                    (E) Review.--A decision under this subsection 
                denying a request to waive the requirement for the 
                informed consent of a parent or guardian under 
                subsection (a) shall be eligible for expedited 
                appellate review.
            (3) Definitions.--In this subsection:
                    (A) Court of competent jurisdiction.--The term 
                ``court of competent jurisdiction'' means any State 
                court eligible to hear juvenile or family law matters, 
                except that States may designate specific State courts 
                to consider petitions for judicial bypass under this 
                subsection.
                    (B) Expedited appellate review.--The term 
                ``expedited appellate review'' means review by whatever 
                court juvenile or family law matters are generally 
                appealed to, except that States may designate specific 
                appellate courts to consider appeals under this 
                subsection.
    (d) Use of State Funds.--Nothing in this section shall be construed 
as prohibiting the distribution of contraceptive drugs or devices, or 
the provision of abortion referral information, to unemancipated minors 
without obtaining prior written parental consent as required under 
subsection (a) if--
            (1) the distribution of such drugs or devices or the 
        provision of such information is paid for through the 
        expenditure by a State of State funds regardless of whether 
        such State funds are provided as part of the State's 
        contribution to a Federal program; and
            (2) the State, after the date of enactment of this 
        subsection, takes affirmative action to allow the provision of 
        such drugs, devices or information through the use of State 
        funds without requiring such parental consent.
    (e) Applicability of State Law.--Notwithstanding any other 
provision of law, no provider of services to which this section applies 
shall be exempt from any State law requiring notification or the 
reporting of child abuse, child molestation, sexual abuse, rape, or 
incest.
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