Judicial Bypass
§ 14.1Judicial Bypass Generally
Post-Dobbs Developments: The discussion in this chapter does not reflect the uncertainty about the law governing the availability of abortion in Texas following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 142 S.Ct. 2228 (2022).
The Supreme Court of Texas has amended the rules and forms governing judicial bypass to reflect the enactment of chapter 170A of the Texas Health and Safety Code (Tex. Health & Safety Code §§ 170A.001–.006). See Texas Supreme Court, Order Amending the Rules and Forms for a Judicial Bypass of Parental Notice and Consent Under Chapter 33 of the Family Code, Misc. Docket No. 22-9077 (Sept. 6, 2022), 85 Tex. B.J. 790 (2022).
The instructions for applying for a waiver of parental notification and consent now include the following notice:
An abortion in Texas is available only if a doctor, in the exercise of reasonable medical judgment, determines that you have a life-threatening physical condition aggravated by, caused by, or arising from your pregnancy that places you at risk of death or poses a serious risk of substantial impairment of one of your major bodily functions unless the abortion is performed or induced.
Rule 1.1 of the Rules for a Judicial Bypass of Parental Notice and Consent under chapter 33 of the Family Code has been amended by the addition of the following paragraph:
Proceedings under these rules are not intended to create—and an order issued under these rules should not be construed as—a judicial determination that the minor has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the minor at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced. See Tex. Health & Safety Code § 170A.002.
Overview: Family Code chapter 33 governs parental notification or judicial approval to bypass parental notification and consent required before an abortion can be performed on a pregnant, unemancipated minor. See Tex. Fam. Code § 33.001 et seq. Specifically, a physician may not perform an abortion on such a minor unless—
1.the physician gives at least forty-eight hours’ actual notice, in person or by telephone, to a parent of the minor (if the minor has no managing conservator or guardian) or to a court-appointed managing conservator or guardian;
2.the physician receives an order issued by a court authorizing the minor to consent to the procedure; or
3.the physician concludes that a medical emergency exists, certifies in writing to the Texas Department of Health and in the patient’s medical record the medical indications supporting the judgment that a medical emergency exists, and provides the notice required by section 33.0022 of the Family Code.
A physician may not perform an abortion in violation of section 164.052(a)(19) of the Occupations Code. Tex. Fam. Code § 33.0021; see Tex. Occ. Code § 164.052(a)(19). More extensive discussion is provided at section 14.13 below.
A pregnant minor may apply for a court order authorizing the minor to consent to an abortion without notification to and consent of a parent, managing conservator, or guardian. Tex. Fam. Code § 33.003(a).
This chapter of the manual discusses the procedures for seeking judicial authorization.
To ensure confidentiality and expedite the process, the Texas Supreme Court has promulgated a set of rules entitled “Rules for a Judicial Bypass of Parental Notice and Consent under Chapter 33 of the Family Code” (hereinafter TRJB). These rules, in addition to a set of prescribed forms, are for use in proceedings under chapter 33 of the Family Code. To the extent of any conflict, these rules control over any other statute or rule of law. TRJB 1.1.
The rules and forms must be posted on the Texas Judiciary website at www.txcourts.gov. Forms 1A, 2A, and 2B must be translated into Spanish. The clerk of a court in which an application or appeal may be filed must make the rules and forms (including specified Spanish versions) available without charge to a minor. TRJB 1.7.
The application must be filed in a county court at law, court having probate jurisdiction, or district court, including a family district court, in the minor’s county of residence in most circumstances. Other provisions apply if the minor’s parent, managing conservator, or guardian is a presiding judge of such a court; if the minor’s county of residence has a population of less than 10,000; or if the minor is not a Texas resident. See Tex. Fam. Code § 33.003(b); TRJB 2.1.
The application may be filed in paper form, by fax, or by email but may not be filed electronically through the statewide portal. The court clerk must designate an email address or fax number for filings in these proceedings and take all reasonable steps to maintain confidentiality of the filings. An attorney must notify the clerk by telephone before filing a document by fax or email. See TRJB 1.5. The time limits for the court to rule on the application do not begin to run until the application is filed, which is “when it is actually received by the district or county clerk.” Therefore, the provisions of rule 21a of the Texas Rules of Civil Procedure do not apply. TRJB 2.1(d); TRJB 2 cmt. 2.
An application consists of two pages—a cover page and a separate verification page—if the minor is not represented by an attorney when the application is filed. If the minor is represented by an attorney, the application must also include a third page—the attorney’s sworn statement or declaration made under penalty of perjury. TRJB 2.1(c). The minor must be referred to as “Jane Doe” in the numbered cause except on the verification page and required court communications. TRJB 1.3(b), 2.1(c)(1).
A minor who has filed an application may not withdraw it or nonsuit the application without the court’s permission. Tex. Fam. Code § 33.003(o); TRJB 2.1(e). In general, a determination by the court is res judicata of the issue whether the minor may or may not be authorized to consent to an abortion without notice to and consent of a parent, managing conservator, or guardian, and the minor may not initiate a new application proceeding with regard to the same pregnancy. Tex. Fam. Code § 33.003(p); TRJB 2.1(f)(1). However, a minor whose application is denied may submit a new application to the same court if the minor shows that there has been a material change in circumstances since the prior denial. Tex. Fam. Code § 33.003(q); TRJB 2.1(f)(2).
The cover page must be styled “In re Jane Doe” and state—
1.that the minor is pregnant;
2.that the minor is unmarried, is under eighteen years of age, and has not had her disabilities of minority removed under chapter 31 of the Family Code;
3.that the minor wishes to have an abortion without notifying or obtaining consent from a parent, managing conservator, or guardian and the statutory ground or grounds on which she relies;
4.that venue is proper in the county in which the application has been filed;
5.whether the minor has retained an attorney and, if so, the attorney’s name,
email address, mailing address, and telephone number;
6.whether the minor requests the court to appoint a particular person as her guardian ad litem; and
7.that, concerning her current pregnancy, the minor has not previously filed an application that was denied; or
8.if the minor has filed a previous application with respect to the current pregnancy that was denied, that this application is being filed in the same court that denied the previous application and that there has been a material change in circumstances since the time the previous application was denied.
Tex. Fam. Code § 33.003(c); TRJB 2.1(c)(1)(A)–(H).
The verification page must be separate from the cover page, must be signed by the minor under oath or penalty of perjury, and must state—
1.the minor’s full name, date of birth, physical address, mailing address, and telephone number;
2.the name, address, telephone number, and relationship to the minor of any person the minor requests the court to appoint as her guardian ad litem;
3.if the minor has not retained an attorney, a telephone number—whether that of the minor or someone else (such as a physician, friend, or relative)—at which the minor may be contacted immediately and confidentially until an attorney is appointed to represent her; and
4.that all information contained in the application, including both the cover page and the verification page, is true.
TRJB 2.1(c)(2).
If the minor has retained an attorney to assist her in filing an application, the attorney shall fully inform himself of the minor’s prior application history, including the representations of the minor in her application regarding her address, proper venue, and whether a prior application has been filed and initiated. If an attorney assists the minor in any way in the application process, with or without payment, the attorney representing the minor must attest to the truth of the minor’s claims regarding the venue and prior applications in a sworn statement accompanying the application. Tex. Fam. Code § 33.003(c)(3), (r); TRJB 2.1(c)(3).
§ 14.6Filing Fees and Court Costs
No filing fee or court costs may be assessed against the minor for any proceeding in a trial or appellate court. Tex. Fam. Code § 33.003(n); TRJB 1.9(a). The state may be ordered to pay the reasonable and necessary fees and expenses of the attorney ad litem and the guardian ad litem, the court reporter’s fee, and the trial court’s filing fees and costs, which include the expenses of an interpreter and an evaluation by a licensed mental health counselor. Witness fees and expenses are not included. The court’s order is directed to the Comptroller of Public Accounts and sent to the Director, Fiscal Division, Texas Department of Health. The order must be a separate document addressing only the assessment of fees, expenses, and costs. Forms 2F and 2G may be used to draft the order, and they are reproduced as part of form 14-1 in this manual. The order must be signed and sent to the Department of Health not later than the ninetieth day after the date of a final ruling. TRJB 1.9(b).
§ 14.7Assignment of Cases; Objection to, Recusal of, and Disqualification of Judge
The rules give broad discretion in the assignment of cases. The Texas Supreme Court has made it a practice to approve local rules governing chapter 33 proceedings. Most large counties have adopted local rules or have designated a particular deputy clerk to assign cases. The rules govern assignment of cases only in jurisdictions that have not adopted local rules. Rule 2.1(b)(4) details the clerk’s duties in assigning cases. See TRJB 2.1(b)(4).
After filing and assignment of the case to a judge, a hearing is set. Procedures for disqualification, recusal, or objection to a judge are set forth in rule 1.6. A minor who objects under section 74.053 or section 75.551 of the Government Code to a judge assigned to the proceeding may not thereafter move to recuse the judge assigned to replace that judge. A minor who moves to recuse or disqualify a judge may not thereafter object under section 74.053 or section 75.551 of the Government Code to another judge assigned to the proceeding. TRJB 1.6(d). A motion to recuse or disqualify a trial judge or an objection to the judge under section 74.053 of the Government Code must be filed before 10:00 a.m. on the first business day after the application is filed or promptly after the minor’s attorney is notified of the assignment of a judge, whichever is later. A motion to recuse or disqualify an appellate judge or an objection to the judge under section 75.551 of the Government Code must be filed before 10:00 a.m. on the first business day after a notice of appeal is filed or promptly after the minor’s attorney is notified of the assignment of a judge, whichever is later. A judge who chooses to withdraw voluntarily must do so immediately. A motion to disqualify or recuse or an objection to an assigned judge does not extend the deadline for ruling on the application. TRJB 1.6(a).
§ 14.8Appointment of Ad Litems and Attorney
For a discussion of ad litems, see chapter 13 of this manual. (Note, however, that proceedings under chapter 33 of the Family Code are title 2 proceedings and thus are not specifically governed by Code chapter 107 relating to appointments in suits affecting the parent-child relationship under title 5 of the Code.)
The court shall appoint a guardian ad litem for the minor who shall represent the best interest of the minor. If the minor has not retained an attorney, the court shall appoint an attorney to represent the minor. The guardian ad litem may not also serve as the minor’s attorney ad litem. Tex. Fam. Code § 33.003(e); TRJB 2.3(a), (b). The court may appoint to serve as guardian ad litem—
1.a person who may consent to treatment for the minor under Family Code section 32.001(a)(1)–(3) (that is, a grandparent, an adult brother or sister, an adult aunt or uncle);
2.a psychiatrist or a licensed or certified psychologist;
3.an appropriate employee of the Texas Department of Family and Protective Services;
4.a member of the clergy; or
5.another appropriate person selected by the court.
An attorney ad litem must represent the minor in the trial court and in any appeal to the court of appeals or the Texas Supreme Court. The attorney ad litem is not required to represent the minor in any other court or any other proceeding. TRJB 1.8. The ad litem is not obligated to represent the minor in any appeal to the United States Supreme Court or in “any other proceeding” (for example, if the minor attempts to refile in another court).
A guardian ad litem appointed under chapter 33 acting in the scope and course of the appointment is not liable for damages arising from an act or omission if acting in good faith. Immunity does not extend to conduct committed in a manner described by section 107.009(b)(1)–(3). Tex. Fam. Code § 33.006. Section 107.009 provides exceptions to the immunity of guardians ad litem appointed in suits affecting the parent-child relationship in certain circumstances. The immunity does not apply to an ad litem’s action taken, recommendation made, or opinion given with conscious indifference or reckless disregard to the safety of another, in bad faith or with malice, or that was grossly negligent or willfully wrongful. See Tex. Fam. Code § 107.009.
The court may order the state to pay the costs of any ad litem appointed for the minor. Tex. Fam. Code § 33.007(a)(1); TRJB 1.9(b). The order is directed to the Comptroller of Public Accounts and sent to the Department of Health. It must be a separate order addressing only the subject of assessment of fees, expenses, and costs. TRJB 1.9(b). Rule 1.9 also establishes other provisions to ensure the continued confidentiality of the order.
Although there are no direct guidelines for the ad litem in chapter 33, the notes and comments to the rules indicate that the guardian ad litem should interview the minor and investigate as deemed appropriate, while protecting confidentiality, to assist the court in determining whether to grant the minor authority to consent to an abortion without notice to and consent of a parent, managing conservator, or guardian. (Nonexclusive factors the court may consider are listed in subsections (i–1) and (i–2) of section 33.003 the Family Code.) The guardian ad litem should also consider the applicability of the duties and responsibilities set forth in Family Code chapter 107 as well as whether—
1.the minor has been examined by a doctor of medicine, doctor of osteopathy, or registered nurse (who is licensed to practice in Texas) and has given the health-care provider an accurate and complete statement of her medical history;
2.the minor has been provided with information or counseling bearing on her decision to have an abortion;
3.the minor desires further counseling;
4.based on the information or counseling provided to the minor, she is able to give informed consent;
5.the minor is attending school or is or has been employed;
6.the minor has previously filed an application that was denied;
7.the minor lives with her parents;
8.the minor desires an abortion or has been threatened, intimidated, or coerced into having an abortion;
9.the pregnancy resulted from sexual assault, sexual abuse, or incest;
10.there is a history or pattern of family violence; and
11.the minor fears for her safety.
These considerations may not be relevant in every case, are not exclusive, and may not be sufficient to discharge the guardian ad litem’s responsibilities in every case. Use of these factors as a basis for civil liability or as a statement of the standard of care is contrary to their intended purpose. These considerations do not alter existing standards of conduct under the Texas Disciplinary Rules of Professional Conduct, the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct. TRJB 2 cmt. 4.
The hearing should be held in a location that will ensure confidentiality, such as the judge’s chambers or away from the courthouse. TRJB 2.4(b). The hearing must be closed to the public. Only the judge, the court reporter, other essential court personnel, the minor, her attorney, her guardian ad litem, and witnesses on the minor’s behalf may be present. TRJB 2.4(c). The pregnant minor must appear before the court in person and may not appear using videoconferencing, telephone conferencing, or other remote electronic means. Tex. Fam. Code § 33.003(g–1); TRJB 1.5(d). A witness, however, may participate by such remote electronic means. TRJB 1.5(d).
The trial court should attempt to rule on the application without regard to technical defects in the application or evidence. The court may assist the minor in curing defects and presenting evidence. Affidavits of persons other than the minor are admissible. TRJB 2.4(e).
Proceedings shall be given precedence. The court is required to rule on the application and issue written findings of fact and conclusions of law not later than 5:00 p.m. on the fifth business day after the application is filed. The minor may request an extension of time, and, if requested, the court must rule and file findings not later than 5:00 p.m. on the fifth business day after the minor states she is ready to proceed to hearing. Tex. Fam. Code § 33.003(h); TRJB 2.4(a), 2.5(f). If the court fails to timely rule on an application, the application is deemed to be denied. TRJB 2.5(g). On the minor’s request if the court failed to timely rule, the clerk must immediately issue a certificate to that effect, stating that the application is deemed to be denied. TRJB 2.2(g).
§ 14.10Hearing—Evidentiary Considerations by Trial Court
The court shall determine by clear and convincing evidence whether—
1.the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification to or consent of a parent, managing conservator, or guardian; or
2.the notification and attempt to obtain consent would not be in the best interests of the minor.
If the court finds either of these criteria, it shall enter an order authorizing the minor to consent to abortion without notification and consent. Tex. Fam. Code § 33.003(i–3); TRJB 2.5(b).
If the court finds neither of these grounds exist, the court must deny the application. Tex. Fam. Code § 33.003(j); TRJB 2.5(e)(1). If the minor does not attend the hearing and either the minor had actual knowledge of the setting or diligent attempts were made to notify the minor of the setting, the court must deny the application. TRJB 2.5(e)(2). If the court denies the application, it must inform the minor of her right to appeal and furnish her with the form for the notice of appeal. TRJB 2.5(h).
In determining whether the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification or consent, the court shall consider the experience, perspective, and judgment of the minor. The court may consider all relevant factors, including the minor’s age; the minor’s life experiences, such as working, traveling independently, or managing her own financial affairs; and steps taken by the minor to explore her options and the consequences of those options. The court may also inquire about the minor’s reasons for seeking an abortion, consider the degree to which the minor is informed about specified state-published informational materials, and require the minor to be evaluated by a licensed mental health counselor. Tex. Fam. Code § 33.003(i–1).
In determining whether the notification and the attempt to obtain consent would not be in the minor’s best interest, the court may inquire about the minor’s reasons for not wanting to notify and obtain consent from a parent, managing conservator, or guardian; whether notification or the attempt to obtain consent may lead to physical or sexual abuse; whether the pregnancy was the result of sexual abuse by a parent, managing conservator, or guardian; and any history of physical or sexual abuse from a parent, managing conservator, or guardian. Tex. Fam. Code § 33.003(i–2).
The application and all other court documents, including the order and information pertaining to the proceedings, are confidential and privileged and not subject to disclosure under chapter 552 of the Texas Government Code or to discovery, subpoena, or other legal process. The court may not notify a parent, managing conservator, or guardian that the minor is pregnant or wants to have an abortion. Confidential records pertaining to the minor may be disclosed to her. Tex. Fam. Code § 33.003(k), (l); TRJB 1.4(a), (b).
No reference may be made in any order, decision, finding, or notice or on the record to the name of the minor, her address, or other information by which she might be identified by persons not participating in the proceeding. TRJB 1.3(b). The sole exceptions to this rule are communications from the court to ad litems notifying them of their appointments and the verification page of the application. TRJB 1.3(b), 2.1(c)(2). The order may not be released to any person except the pregnant minor, her guardian ad litem, her attorney, the physician who is to perform the abortion, another person designated in writing by the minor to receive the order, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor, or to another court, judge, or clerk in the same or related proceedings. Tex. Fam. Code § 33.003(l); TRJB 1.4(b).
The court clerk is to periodically submit a confidential and privileged report to the Office of Court Administration containing certain information about cases filed under chapter 33. The Office of Court Administration is to publish an annual report aggregating data about (1) the court of appeals districts in which cases have been filed and (2) the disposition of the cases. That report must protect the confidentiality of all minors and judges who are the subject of the report and the case number and style of the cases. Tex. Fam. Code § 33.003(l–1), (l–2).
A record of all testimony and other oral proceedings shall be kept. Tex. Fam. Code § 33.003(g). The court reporter’s notes must be filed with other court documents in the proceeding to ensure confidentiality. TRJB 1.4(c).
Exceptions to Confidentiality: If the court, guardian ad litem, or attorney ad litem reasonably believes, based on the information obtained in the proceeding, that a violation of Texas Penal Code section 21.02, 22.011, 22.021, or 25.02 (possible sexual abuse) has occurred, a report must be made to the appropriate officials or agencies. Tex. Fam. Code § 33.009; see TRJB 1.4(d).
A judge or justice who has reason to believe, because of trial or appeal proceedings under chapter 33, that a minor has been or may be physically or sexually abused shall immediately report the suspected abuse and the name of the abuser to the Department of Family and Protective Services and to a local law enforcement agency and refer the minor to the department for services or intervention. The law enforcement agency and the department shall investigate the suspected abuse and, if warranted, refer the case for prosecution. Tex. Fam. Code § 33.0085; see TRJB 1.4(d)(1).
If a minor claims to have been physically or sexually abused or a physician or physician’s agent has reason to believe that a minor has been physically or sexually abused, the physician or agent shall immediately report the suspected abuse and the name of the abuser to the Texas Department of Family and Protective Services and to a local law enforcement agency and refer the minor to the department for services or intervention. The law enforcement agency must respond and write a report within twenty-four hours of being notified of the alleged abuse, regardless of whether the agency knows or suspects that a report about the abuse may have been previously made. When the law enforcement agency responds to the report, a law enforcement officer or appropriate agent from the department may take emergency possession of the minor without a court order. The law enforcement agency and the department shall investigate the suspected abuse and, if warranted, refer the case for prosecution. Tex. Fam. Code § 33.008.
The department or a local law enforcement agency may disclose any information obtained under Family Code sections 33.008, 33.0085, and 33.009 to the court, the guardian ad litem, and the minor’s attorney without a court order (and must do so on court order). TRJB 1.4(e). Information obtained by the Department or another entity under Family Code section 33.008, 33.0085, or 33.009 is confidential except to the extent necessary to prove a violation of Penal Code section 21.02, 22.011, 22.021, or 25.02. Tex. Fam. Code § 33.010.
If a trial court denies the minor’s application, the minor may appeal. The time deadlines, deemed granting of the minor’s request, waiver of fees, and confidentiality provisions in the appellate court mirror those in the trial court. See Tex. Fam. Code § 33.004(a)–(e); TRJB 3.
There is no provision for an appeal from an order granting an application. TRJB 3 cmt. 1. Neither the Family Code nor the rules prescribe the appellate standard of review. TRJB 3 cmt. 3.
The minor may request permission to file a brief and present oral argument, but the court may decide to rule without either. TRJB 3.3(a).
The court of appeals, sitting in a three-judge panel, must issue a judgment affirming or reversing the trial court’s order denying the application. The court may use parental notification form 3C but is not required to do so. TRJB 3.3(b). If the court of appeals fails to timely rule on the appeal, the trial court’s judgment is deemed to be affirmed. TRJB 3.3(f).
The court of appeals may publish an opinion relating to the proceeding if it is written in a way to preserve the confidentiality of the minor’s identity. Tex. Fam. Code § 33.004(c)(1); TRJB 3.3(e)(1).
An expedited confidential appeal shall be made available if the court of appeals denies an application to authorize the minor to consent to the performance of an abortion without notification to or consent of a parent, managing conservator, or guardian. Tex. Fam. Code § 33.004(f). To appeal from the court of appeals to the supreme court, the minor must simultaneously file a notice of appeal with the clerk of the supreme court, file a copy of the notice of the appeal with the clerk of the court of appeals, and notify the clerk of each court by telephone that an appeal is being taken under Family Code chapter 33. The notice of appeal must (1) be styled “In re Jane Doe,” (2) state the number of the cause in the court of appeals, (3) state an intention to appeal, and (4) be signed by the minor’s attorney. TRJB 4.1.
The minor may request permission to file a brief and present oral argument, but the supreme court may decide to rule without either. The court must rule as soon as possible. TRJB 4.3.
Amicus briefs may be submitted and received by a court as either a confidential, case-specific brief or a public or general brief. See TRJB 1.10.
§ 14.13Written Consent Required for Physician; Emergency
The Texas Occupations Code defines prohibited practices by a physician or applicant for a license to practice medicine, including (1) performing an abortion on an unemancipated minor without the written consent of the child’s parent, managing conservator, or legal guardian or without a court order, as provided in Family Code section 33.003 or 33.004, unless the abortion is necessary due to a medical emergency, as defined by section 171.002 of the Health and Safety Code and (2) otherwise performing an abortion on an unemancipated minor in violation of chapter 33 of the Family Code. See Tex. Occ. Code § 164.052(a)(19), (a)(20). A medical emergency is a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed. Tex. Health & Safety Code § 171.002(3).
The statute further requires the physician’s licensing board to adopt forms necessary for physicians to obtain the consent required for an abortion to be performed on an unemancipated minor and requires the physician to retain the consent or any other required documentation until the later of the fifth anniversary of the date of the minor’s majority or the seventh anniversary of the date the physician received or created the documentation for the record. Tex. Occ. Code § 164.052(c). The forms are published at 22 Tex. Admin. Code § 165.6(f) and are available on the Texas Medical Board’s website, www.tmb.state.tx.us.
A physician must use due diligence to determine that any woman on whom the physician performs an abortion is of age or emancipated and report to the Department of State Health Services instances in which proof of identify and age was not obtained. See Tex. Fam. Code § 33.002(j)–(l).
Civil penalties are provided for violations of the provisions of chapter 33 of the Family Code. It is not a defense to an action under those provisions that a minor gave informed and voluntary consent. See Tex. Fam. Code § 33.012. An unemancipated minor does not have the capacity to consent to any action that violates chapter 33. Tex. Fam. Code § 33.013.
Remember that Family Code chapter 33 focuses on whether a minor’s parent should be notified and consent obtained, not whether the minor should be permitted to obtain an abortion. Also, check to see if your county has specific local rules.
Before Hearing: Prepare the minor to give narrative factual answers, rather than conclusions, with reference to each ground on which the application is based. For example, prepare the minor to explain all the options she has considered, persons to whom she has talked, what she has read, and other sources used to reach her decision.
At Hearing: Avoid leading and conclusory questions that require “yes” or “no” answers. The minor should express no doubt about her decision. The minor’s testimony needs to be consistent and unequivocal. Have information about the minor’s school performance and/or extracurricular or community activities that support the level of maturity you are asserting.
Resources: Jane’s Due Process is a nonprofit organization that provides information for minors, lawyers, and health-care providers on the judicial bypass procedures. The organization may be contacted at 1-866-www-jane or on the Internet at www.janesdueprocess.org.
The following websites contain information relating to the topic of this chapter:
Jane’s Due Process (§ 14.15)
www.janesdueprocess.org
Texas Medical Board (§ 14.13)
www.tmb.state.tx.us
Texas Rules for a Judicial Bypass of Parental Notice and Consent under Chapter 33 of the Family Code (§ 14.1)
www.txcourts.gov under the “Rules & Forms” link