SSHB357 2709 3974
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 357 2021 Regular Session Crews
CHILDREN: Requires reporting of certain information relating to minors who undergo
abortions
Synopsis of Senate Amendments
1.Amends present law relative to applications for court orders by minors seeking
abortions and appeals from denials of those applications to provide that
jurisdiction to hear such an application or appeal shall be extended to a court
having juvenile jurisdiction in a contiguous parish if either of the following
conditions is met:
a. The minor's parent or guardian is a presiding judge of the juvenile court
in the parish in which the minor is domiciled.
b. The parish in which the minor is domiciled has a population of less than
10,000 according to the latest federal decennial census.
2.Adds to proposed law provisions requiring that if a pregnant woman is a minor
and receives an abortion pursuant to a judicial bypass order as authorized in
present law, then the individual abortion report on that case required by present
law shall include all of the following:
a. A notation of whether the judicial bypass was granted because of a
finding that the minor girl was mature and capable of giving informed
consent, as provided for in present law.
b. A notation of whether the judicial bypass was granted because of a
finding that the performance of the abortion without parental
notification and consent was in the best interest of the minor, as
provided for in present law.
3.Makes technical changes.
Digest of Bill as Finally Passed by Senate
Present law requires that an individual abortion report for each abortion performed or
induced be completed by the attending physician. Stipulates that the report shall be
confidential and not contain the name or address of the woman and provides for the required
content of the report.
Proposed law retains present law and adds the following requirements for the content of
individual abortion reports:
(1)If the abortion was performed on a minor, the report shall include a notation
indicating whether or not the physician or any other staff member of the abortion
facility suspected that the minor was the victim of any form of child abuse or neglect
and filed a report of such abuse or neglect in accordance with present law.
(2)If the abortion was performed on a minor pursuant to a "judicial bypass order" (court
order) in lieu of parental consent as allowed in present law, the report shall include
all of the following:
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(a)The judicial district of the court that issued the order.
(b)An indication of whether or not the minor was required to participate in an
evaluation and counseling session with a mental health professional from the
La. Dept. of Health (LDH) or a staff member from the Dept. of Children and
Family Services (DCFS) as allowed in present law.
(c)A notation of whether the judicial bypass was granted because of a finding
that the minor girl was mature and capable of giving informed consent, as
provided for in present law.
(d)A notation of whether the judicial bypass was granted because of a finding
that the performance of the abortion without parental notification and consent
was in the best interest of the minor, as provided for in present law.
(e)An indication of whether or not the court issued a protective order for the
minor, afforded her the continued services of a court-appointed special
advocate, or did both, as allowed in present law.
(f)An indication of whether or not the physician or any other staff member of
the abortion facility referred the woman to any licensed professional for
post-abortion counseling.
(g)An indication of whether or not the physician or any other staff member of
the abortion facility referred the woman to LDH or DCFS for any health
services or other human services.
Present law requires that individual abortion reports include the parish and municipality, if
any, in which the pregnant woman resides. Proposed law revises present law to require that
such reports include the parish and zip code, if any, in which the pregnant woman resides.
Present law requires LDH to collect all individual abortion reports prepared as required by
present law and to collate and evaluate all data gathered from the reports. Requires LDH to
publish a statistical report annually based on such data from abortions performed in the
previous calendar year.
Proposed law retains present law and requires that the annual statistical reports on abortions
published by LDH include a special section addressing abortions performed on minors.
Requires that this section of the report feature, at minimum, a compilation of the information
required by proposed law to be included in individual abortion reports.
Proposed law amends present law relative to applications for court orders by minors seeking
abortions and appeals from denials of those applications to provide that jurisdiction to hear
such an application or appeal shall be extended to a court having juvenile jurisdiction in a
contiguous parish if either of the following conditions is met:
(1)The minor's parent or guardian is a presiding judge of the juvenile court in the parish
in which the minor is domiciled.
(2)The parish in which the minor is domiciled has a population of less than 10,000
according to the latest federal decennial census.
(Amends R.S. 40:1061.14(B)(1) and 1061.21(A)(intro. para.), (4), (5)(b), and (D); Adds R.S.
40:1061.21(A)(5)(c))
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