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OHIO CONSENT STATUTE
Title 29 Crimes -- Procedure
Chapter 2919 Offenses Against the Family
Abortion
Ohio Rev. Stat. §§ 2919.12, 2919.121, 2151.85, 2505.073
§ 2919.12. Unlawful abortion
(A) No person shall perform or induce an abortion without the informed consent of the pregnant
woman.
(B) (1) (a) No person shall knowingly perform or induce an abortion upon a woman who is
pregnant, unmarried, under eighteen years of age, and unemancipated unless at least one of the
following applies:
(i) Subject to division (B)(2) of this section, the person has given at least twenty-four
hours actual notice, in person or by telephone, to one of the woman's parents, her
guardian, or her custodian as to the intention to perform or induce the abortion,
provided that if the woman has requested, in accordance with division (B)(1)(b) of
this section, that notice be given to a specified brother or sister of the woman who is
twenty-one years of age or older or to a specified stepparent or grandparent of the
woman instead of to one of her parents, her guardian, or her custodian, and if the
person is notified by a juvenile court that affidavits of the type described in that
division have been filed with that court, the twenty-four hours actual notice described
in this division as to the intention to perform or induce the abortion shall be given, in
person or by telephone, to the specified brother, sister, stepparent, or grandparent
instead of to the parent, guardian, or custodian;
(ii) One of the woman's parents, her guardian, or her custodian has consented in
writing to the performance or inducement of the abortion;
(iii) A juvenile court pursuant to section 2151.85 of the Revised Code issues an order
authorizing the woman to consent to the abortion without notification of one of her
parents, her guardian, or her custodian;
(iv) A juvenile court or a court of appeals, by its inaction, constructively has
authorized the woman to consent to the abortion without notification of one of her
parents, her guardian, or her custodian under division (B)(1) of section 2151.85 or
division (A) of section 2505.073 [2505.07.3] of the Revised Code.
(b) If a woman who is pregnant, unmarried, under eighteen years of age, and
unemancipated desires notification as to a person's intention to perform or induce an
abortion on the woman to be given to a specified brother or sister of the woman who is
twenty-one years of age or older or to a specified stepparent or grandparent of the woman
instead of to one of her parents, her guardian, or her custodian, the person who intends to
perform or induce the abortion shall notify the specified brother, sister, stepparent, or
grandparent instead of the parent, guardian, or custodian for purposes of division
(B)(1)(a)(i) of this section if all of the following apply:
(i) The woman has requested the person to provide the notification to the specified
brother, sister, stepparent, or grandparent, clearly has identified the specified brother,
sister, stepparent, or grandparent and her relation to that person, and, if the specified
relative is a brother or sister, has indicated the age of the brother or sister;
(ii) The woman has executed an affidavit stating that she is in fear of physical, sexual,
or severe emotional abuse from the parent, guardian, or custodian who otherwise
would be notified under division (B)(1)(a)(i) of this section, and that the fear is based
on a pattern of physical, sexual, or severe emotional abuse of her exhibited by that
parent, guardian, or custodian, has filed the affidavit with the juvenile court of the
county in which the woman has a residence or legal settlement, the juvenile court of
any county that borders to any extent the county in which she has a residence or legal
settlement, or the juvenile court of the county in which the hospital, clinic, or other
facility in which the abortion would be performed or induced is located, and has
given the court written notice of the name and address of the person who intends to
perform or induce the abortion;
(iii) The specified brother, sister, stepparent, or grandparent has executed an affidavit
stating that the woman has reason to fear physical, sexual, or severe emotional abuse
from the parent, guardian, or custodian who otherwise would be notified under
division (B)(1)(a)(i) of this section, based on a pattern of physical, sexual, or severe
emotional abuse of her by that parent, guardian, or custodian, and the woman or the
specified brother, sister, stepparent, or grandparent has filed the affidavit with the
juvenile court in which the affidavit described in division (B)(1)(b)(ii) of this section
was filed;
(iv) The juvenile court in which the affidavits described in divisions (B)(1)(b)(ii) and
(iii) of this section were filed has notified the person that both of those affidavits have
been filed with the court.
(c) If an affidavit of the type described in division (B)(1)(b)(ii) of this section and an
affidavit of the type described in division (B)(1)(b)(iii) of this section are filed with a
juvenile court and the court has been provided with written notice of the name and
address of the person who intends to perform or induce an abortion upon the woman to
whom the affidavits pertain, the court promptly shall notify the person who intends to
perform or induce the abortion that the affidavits have been filed. If possible, the notice
to the person shall be given in person or by telephone.
(2) If division (B)(1)(a)(ii), (iii), or (iv) of this section does not apply, and if no parent,
guardian, or custodian can be reached for purposes of division (B)(1)(a)(i) of this section
after a reasonable effort, or if notification is to be given to a specified brother, sister,
stepparent, or grandparent under that division and the specified brother, sister, stepparent, or
grandparent cannot be reached for purposes of that division after a reasonable effort, no
person shall perform or induce such an abortion without giving at least forty-eight hours
constructive notice to one of the woman's parents, her guardian, or her custodian, by both
certified and ordinary mail sent to the last known address of the parent, guardian, or
custodian, or if notification for purposes of division (B)(1)(a)(i) of this section is to be given
to a specified brother, sister, stepparent, or grandparent, without giving at least forty-eight
hours constructive notice to that specified brother, sister, stepparent, or grandparent by both
certified and ordinary mail sent to the last known address of that specified brother, sister,
stepparent, or grandparent. The forty-eight-hour period under this division begins when the
certified mail notice is mailed. If a parent, guardian, or custodian of the woman, or if
notification under division (B)(1)(a)(i) of this section is to be given to a specified brother,
sister, stepparent, or grandparent, the specified brother, sister, stepparent, or grandparent, is
not reached within the forty-eight-hour period, the abortion may proceed even if the certified
mail notice is not received.
(3) If a parent, guardian, custodian, or specified brother, sister, stepparent, or grandparent
who has been notified in accordance with division (B)(1) or (2) of this section clearly and
unequivocally expresses that he or she does not wish to consult with a pregnant woman prior
to her abortion, then the abortion may proceed without any further waiting period.
(4) For purposes of prosecutions for a violation of division (B)(1) or (2) of this section, it
shall be a rebuttable presumption that a woman who is unmarried and under eighteen years of
age is unemancipated.
(C) (1) It is an affirmative defense to a charge under division (B)(1) or (2) of this section that the
pregnant woman provided the person who performed or induced the abortion with false,
misleading, or incorrect information about her age, marital status, or emancipation, about the age
of a brother or sister to whom she requested notice be given as a specified relative instead of to
one of her parents, her guardian, or her custodian, or about the last known address of either of
her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent
to whom she requested notice be given and the person who performed or induced the abortion
did not otherwise have reasonable cause to believe the pregnant woman was under eighteen years
of age, unmarried, or unemancipated, to believe that the age of a brother or sister to whom she
requested notice be given as a specified relative instead of to one of her parents, her guardian, or
her custodian was not twenty-one years of age, or to believe that the last known address of either
of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or
grandparent to whom she requested notice be given was incorrect.
(2) It is an affirmative defense to a charge under this section that compliance with the
requirements of this section was not possible because an immediate threat of serious risk to
the life or physical health of the pregnant woman from the continuation of her pregnancy
created an emergency necessitating the immediate performance or inducement of an abortion.
(D) Whoever violates this section is guilty of unlawful abortion. A violation of division (A) of
this section is a misdemeanor of the first degree on the first offense and a felony of the fourth
degree on each subsequent offense. A violation of division (B) of this section is a misdemeanor
of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.
(E) Whoever violates this section is liable to the pregnant woman and her parents, guardian, or
custodian for civil compensatory and exemplary damages.
(F) As used in this section "unemancipated" means that a woman who is unmarried and under
eighteen years of age has not entered the armed services of the United States, has not become
employed and self-subsisting, or has not otherwise become independent from the care and
control of her parent, guardian, or custodian.
HISTORY: 135 v H 989 (Eff 9-16-74); 141 v H 319 (Eff 3-24-86); 146 v S 2. Eff 7-1-96.
Title 29 Crimes -- Procedure
Chapter 2919 Offenses Against the Family
Abortion
§ 2919.121 Unlawful abortion upon minor
(A) For the purpose of this section, a minor shall be considered “emancipated” if the minor has
married, entered the armed services of the United States, become employed and self-subsisting,
or has otherwise become independent from the care and control of her parent, guardian, or
custodian.
(B) No person shall knowingly perform or induce an abortion upon a pregnant minor unless one
of the following is the case:
(1) The attending physician has secured the informed written consent of the minor and one
parent, guardian, or custodian;
(2) The minor is emancipated and the attending physician has received her written informed
consent;
(3) The minor has been authorized to consent to the abortion by a court order issued pursuant
to division (C) of this section, and the attending physician has received her informed written
consent;
(4) The court has given its consent in accordance with division (C) of this section and the
minor is having the abortion willingly.
(C) The right of a minor to consent to an abortion under division (B)(3) of this section or judicial
consent to obtain an abortion under division (B)(4) of this section may be granted by a court
order pursuant to the following procedures:
(1) The minor or next friend shall make an application to the juvenile court of the county in
which the minor has a residence or legal settlement or the juvenile court of any county that
borders the county in which she has a residence or legal settlement. The juvenile court shall
assist the minor or next friend in preparing the petition and notices required by this section.
The minor or next friend shall thereafter file a petition setting forth all of the following: the
initials of the minor; her age; the names and addresses of each parent, guardian, custodian,
or, if the minor’s parents are deceased and no guardian has been appointed, any other person
standing in loco parentis of the minor; that the minor has been fully informed of the risks and
consequences of the abortion; that the minor is of sound mind and has sufficient intellectual
capacity to consent to the abortion; that the minor has not previously filed a petition under
this section concerning the same pregnancy that was denied on the merits; that, if the court
does not authorize the minor to consent to the abortion, the court should find that the abortion
is in the best interests of the minor and give judicial consent to the abortion; that the court
should appoint a guardian ad litem; and if the minor does not have private counsel, that the
court should appoint counsel. The petition shall be signed by the minor or the next friend.
(2)(a) A hearing on the merits shall be held on the record as soon as possible within five days
of filing the petition. If the minor has not retained counsel, the court shall appoint counsel at
least twenty-four hours prior to the hearing. The court shall appoint a guardian ad litem to
protect the interests of the minor at the hearing. If the guardian ad litem is an attorney
admitted to the practice of law in this state, the court may appoint the guardian ad litem to
serve as the minor’s counsel. At the hearing, the court shall do all of the following:
(i) Hear evidence relating to the emotional development, maturity, intellect, and
understanding of the minor; the nature, possible consequences, and alternatives to the
abortion; and any other evidence that the court may find useful in determining
whether the minor should be granted the right to consent to the abortion or whether
the abortion is in the best interests of the minor;
(ii) Specifically inquire about the minor’s understanding of the possible physical and
emotional complications of abortion and how the minor would respond if the minor
experienced those complications after the abortion;
(iii) Specifically inquire about the extent to which anyone has instructed the minor on
how to answer questions and on what testimony to give at the hearing.
(b) If the minor or her counsel fail to appear for a scheduled hearing, jurisdiction shall
remain with the judge who would have presided at the hearing.
(3) If the court finds by clear and convincing evidence that the minor is sufficiently mature
and well enough informed to decide intelligently whether to have an abortion, the court shall
grant the petition and permit the minor to consent to the abortion.
If the court finds by clear and convincing evidence that the abortion is in the best interests of
the minor, the court shall give judicial consent to the abortion, setting forth the grounds for
its finding.
If the court does not make either of the findings specified in division (C)(3) of this section,
the court shall deny the petition, setting forth the grounds on which the petition is denied.
The court shall issue its order not later than twenty-four hours after the end of the hearing.
(4) No juvenile court shall have jurisdiction to rehear a petition concerning the same
pregnancy once a juvenile court has granted or denied the petition.
(5) If the petition is granted, the informed consent of the minor, pursuant to a court order
authorizing the minor to consent to the abortion, or judicial consent to the abortion, shall bar
an action by the parents, guardian, or custodian of the minor for battery of the minor against
any person performing or inducing the abortion. The immunity granted shall only extend to
the performance or inducement of the abortion in accordance with this section and to any
accompanying services that are performed in a competent manner.
(6) An appeal from an order issued under this section may be taken to the court of appeals by
the minor. The record on appeal shall be completed and the appeal perfected within four days
from the filing of the notice of appeal. Because the abortion may need to be performed in a
timely manner, the supreme court shall, by rule, provide for expedited appellate review of
cases appealed under this section.
(7) All proceedings under this section shall be conducted in a confidential manner and shall
be given such precedence over other pending matters as will ensure that the court will reach a
decision promptly and without delay.
The petition and all other papers and records that pertain to an action commenced under this
section shall be kept confidential and are not public records under section 149.43 of the
Revised Code.
(8) No filing fee shall be required of or court costs assessed against a person filing a petition
under this section or appealing an order issued under this section.
(9) Nothing in division (C) of this section shall constitute a waiver of any testimonial
privilege provided under the Revised Code or at common law.
(D) It is an affirmative defense to any civil, criminal, or professional disciplinary claim brought
under this section that compliance with the requirements of this section was not possible because
an immediate threat of serious risk to the life or physical health of the minor from the
continuation of her pregnancy created an emergency necessitating the immediate performance or
inducement of an abortion.
(E) Whoever violates division (B) of this section is guilty of unlawful abortion, a misdemeanor
of the first degree. If the offender previously has been convicted of or pleaded guilty to a
violation of this section, unlawful abortion is a felony of the fourth degree.
(F) Whoever violates division (B) of this section is liable to the pregnant minor and her parents,
guardian, or custodian for civil, compensatory, and exemplary damages.
Amended by 129th General Assembly File No. 54, HB 63, § 1, eff. 2/3/2012
HISTORY: 147 v H 421. Eff 5-6-98.
Title 21 Courts -- Probate -- Juvenile
Chapter 2151 Juvenile Court
Independent Living Services
§ 2151.85. Unmarried minor may seek abortion without notice to parent, guardian or
custodian
(A) A woman who is pregnant, unmarried, under eighteen years of age, and unemancipated and
who wishes to have an abortion without the notification of her parents, guardian, or custodian
may file a complaint in the juvenile court of the county in which she has a residence or legal
settlement, in the juvenile court of any county that borders to any extent the county in which she
has a residence or legal settlement, or in the juvenile court of the county in which the hospital,
clinic, or other facility in which the abortion would be performed or induced is located,
requesting the issuance of an order authorizing her to consent to the performance or inducement
of an abortion without the notification of her parents, guardian, or custodian.
The complaint shall be made under oath and shall include all of the following:
(1) A statement that the complainant is pregnant;
(2) A statement that the complainant is unmarried, under eighteen years of age, and
unemancipated;
(3) A statement that the complainant wishes to have an abortion without the notification of
her parents, guardian, or custodian;
(4) An allegation of either or both of the following:
(a) That the complainant is sufficiently mature and well enough informed to intelligently
decide whether to have an abortion without the notification of her parents, guardian, or
custodian;
(b) That one or both of her parents, her guardian, or her custodian was engaged in a
pattern of physical, sexual, or emotional abuse against her, or that the notification of her
parents, guardian, or custodian otherwise is not in her best interest.
(5) A statement as to whether the complainant has retained an attorney and, if she has
retained an attorney, the name, address, and telephone number of her attorney.
(B) (1) The court shall fix a time for a hearing on any complaint filed pursuant to division (A) of
this section and shall keep a record of all testimony and other oral proceedings in the action. The
court shall hear and determine the action and shall not refer any portion of it to a referee. The
hearing shall be held at the earliest possible time, but not later than the fifth business day after
the day that the complaint is filed. The court shall enter judgment on the complaint immediately
after the hearing is concluded. If the hearing required by this division is not held by the fifth
business day after the complaint is filed, the failure to hold the hearing shall be considered to be
a constructive order of the court authorizing the complainant to consent to the performance or
inducement of an abortion without the notification of her parent, guardian, or custodian, and the
complainant and any other person may rely on the constructive order to the same extent as if the
court actually had issued an order under this section authorizing the complainant to consent to
the performance or inducement of an abortion without such notification.
(2) The court shall appoint a guardian ad litem to protect the interests of the complainant at
the hearing that is held pursuant to this section. If the complainant has not retained an
attorney, the court shall appoint an attorney to represent her. If the guardian ad litem is an
attorney admitted to the practice of law in this state, the court also may appoint him to serve
as the complainant's attorney.
(C) (1) If the complainant makes only the allegation set forth in division (A)(4)(a) of this section
and if the court finds, by clear and convincing evidence, that the complainant is sufficiently
mature and well enough informed to decide intelligently whether to have an abortion, the court
shall issue an order authorizing the complainant to consent to the performance or inducement of
an abortion without the notification of her parents, guardian, or custodian. If the court does not
make the finding specified in this division, it shall dismiss the complaint.
(2) If the complainant makes only the allegation set forth in division (A)(4)(b) of this section
and if the court finds, by clear and convincing evidence, that there is evidence of a pattern of
physical, sexual, or emotional abuse of the complainant by one or both of her parents, her
guardian, or her custodian, or that the notification of the parents, guardian, or custodian of
the complainant otherwise is not in the best interest of the complainant, the court shall issue
an order authorizing the complainant to consent to the performance or inducement of an
abortion without the notification of her parents, guardian, or custodian. If the court does not
make the finding specified in this division, it shall dismiss the complaint.
(3) If the complainant makes both of the allegations set forth in divisions (A)(4)(a) and (b) of
this section, the court shall proceed as follows:
(a) The court first shall determine whether it can make the finding specified in division
(C)(1) of this section and, if so, shall issue an order pursuant to that division. If the court
issues such an order, it shall not proceed pursuant to division (C)(3)(b) of this section. If
the court does not make the finding specified in division (C)(1) of this section, it shall
proceed pursuant to division (C)(3)(b) of this section.
(b) If the court pursuant to division (C)(3)(a) of this section does not make the finding
specified in division (C)(1) of this section, it shall proceed to determine whether it can
make the finding specified in division (C)(2) of this section and, if so, shall issue an order
pursuant to that division. If the court does not make the finding specified in division
(C)(2) of this section, it shall dismiss the complaint.
(D) The court shall not notify the parents, guardian, or custodian of the complainant that she is
pregnant or that she wants to have an abortion.
(E) If the court dismisses the complaint, it immediately shall notify the complainant that she has
a right to appeal under section 2505.073 [2505.07.3] of the Revised Code.
(F) Each hearing under this section shall be conducted in a manner that will preserve the
anonymity of the complainant. The complaint and all other papers and records that pertain to an
action commenced under this section shall be kept confidential and are not public records under
section 149.43 of the Revised Code.
(G) The clerk of the supreme court shall prescribe complaint and notice of appeal forms that
shall be used by a complainant filing a complaint under this section and by an appellant filing an
appeal under section 2505.073 [2505.07.3] of the Revised Code. The clerk of each juvenile court
shall furnish blank copies of the forms, without charge, to any person who requests them.
(H) No filing fee shall be required of, and no court costs shall be assessed against, a complainant
filing a complaint under this section or an appellant filing an appeal under section 2505.073
[2505.07.3] of the Revised Code.
(I) As used in this section, "unemancipated" means that a woman who is unmarried and under
eighteen years of age has not entered the armed services of the United States, has not become
employed and self-subsisting, or has not otherwise become independent from the care and
control of her parent, guardian, or custodian.
HISTORY: 141 v H 319. Eff 3-24-86.
Title 25 Courts -- Appellate
Chapter 2505 Procedure on Appeal
§ 2505.073. Minor may appeal denial of abortion without notice to parent, guardian or
custodian
(A) A complainant whose complaint under section 2151.85 of the Revised Code is dismissed by a
juvenile court, may appeal in accordance with this section. Within four days after a notice of
appeal is filed in an action arising under that section, the clerk of the juvenile court shall deliver
a copy of the notice of appeal and the record on appeal to the clerk of the court of appeals named
in the notice. Upon receipt of the notice and record, the clerk of the court of appeals shall place
the appeal on the docket of the court.
The appellant shall file her brief within four days after the appeal is docketed. Unless the
appellant waives the right to oral argument, the court of appeals shall hear oral argument within
five days after the appeal is docketed. The court of appeals shall enter judgment in the appeal
immediately after the oral argument or, if oral argument has been waived, within five days after
the appeal is docketed.
No filing fee shall be required of, and no court costs shall be assessed against, an appellant who
appeals under this section.
Upon motion of the appellant and for good cause shown, the court of appeals may shorten or
extend any of the maximum times set forth in this division. However, in any case, if judgment is
not entered within five days after the appeal is docketed, the failure to enter the judgment shall
be considered to be a constructive order of the court authorizing the appellant to consent to the
performance or inducement of an abortion without the notification of her parent, guardian, or
custodian, and the appellant and any other person may rely on the constructive order to the same
extent as if the court actually had entered a judgment under this section authorizing the appellant
to consent to the performance or inducement of an abortion without such notification.
In the interest of justice, the court of appeals, in an appeal in accordance with this section, shall
liberally modify or dispense with the formal requirements that normally apply as to the contents
and form of an appellant's brief.
(B) All proceedings under division (A) of this section shall be conducted in a manner that will
preserve the anonymity of the appellant on appeal. All papers and records that pertain to an
appeal under this section shall be kept confidential and are not public records under section
149.43 of the Revised Code.
HISTORY: 141 v H 319 (Eff 3-24-86); 141 v H 412. Eff 3-17-87.
RULES
RULE 23. Juvenile Court Procedures--Complaint for Abortion without Parental
Notification.
Available at
http://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/Superintendence.pdf
(A) Complaint--sealing identifying information. All actions pursuant to section
2151.85 of the Revised Code shall be commenced by filing a complaint on Form 23-A issued by
the clerk of the Supreme Court of Ohio. A certified copy of the second page, with the case
number noted on it, shall be given to the complainant after she signs it. The original second page
shall be removed from the file jacket and filed under seal in a safe or other secure place where
access is limited to essential court personnel. All index records shall be under, “In the Matter of
Jane Doe.”
Minors seeking to file an action under section 2151.85 of the Revised Code shall be given
prompt assistance by the clerk in a private, confidential setting. Assistance shall include
performing the notary services necessary to file the complaint and affidavits described in Sup. R.
23 and 24.
The complaint shall be filed promptly upon the request of the minor. The complaint and
other forms described in these rules shall be provided without cost to the minor. No filing fees or
court costs shall be imposed on the minor in connection with these proceedings or any notice of
appeal filed in connection with these proceedings.
(B) Appointment of counsel. Upon the filing of the complaint, the court shall appoint an
attorney to represent the complainant if she is not represented by an attorney. Court-appointed
attorneys shall be paid by the court without expense to the complainant.
(C) Appointment of guardian ad litem. Upon the filing of the complaint the court shall
also appoint a guardian ad litem. The court may appoint the same individual to serve as both the
attorney and the guardian ad litem. If the court appoints an individual who volunteers to serve as
a guardian for the complainant, that individual need not be paid. Other guardians shall be paid by
the court without expense to the complainant.
(D) Hearing. A hearing shall be conducted promptly after the filing of the complaint, if
possible within twenty-four hours. In no event shall the hearing be held later than five business
days after the filing of the complaint. The court shall accommodate school hours if at all
possible. The hearing shall be conducted by a judge and shall not be heard by a magistrate.
Hearings must be closed to the public and exclude all persons except witnesses on behalf of the
complainant, her attorney, her guardian ad litem, and essential court personnel. The hearing shall
be conducted in a manner that will preserve the anonymity of the complainant. The
complainant’s name shall not appear on the record.
If both maturity and either abuse or best interest are alleged in the complaint, or if
maturity, abuse, and best interest are alleged in the complaint, the court shall rule on the issue of
maturity first. if the court finds against the complainant on the issue of maturity, it then shall
determine the other issues alleged in the complaint.
(E) Judgment. The court shall enter judgment immediately after the conclusion of the
hearing and a copy of the judgment shall be immediately provided to the complainant. If the
court finds by clear and convincing evidence either that the complainant is sufficiently mature
and well enough informed to decide intelligently; or that there is evidence of a pattern of
physical, sexual, or emotional abuse by one or both of her parents, guardian, or custodian; or that
notification is not in the best interest of the complainant, the court shall issue an order on Form
23-B authorizing the complainant to consent to the performance of an abortion without notice to
a parent, guardian, or custodian.
If the court determines that the complainant has not established the allegations of the
complaint by clear and convincing evidence, the court shall dismiss the complaint and notify the
complainant that she has a right to appeal under section 2505.073 of the Revised Code. In that
event the complainant shall be provided with a copy of the notice of appeal, Form 23-C.
(F) Appeals.
(1) Immediately after the notice of appeal has been filed by the complainant, the clerk of
the juvenile court shall notify the court of appeals. Within four days after the notice of appeal is
filed in the juvenile court, the clerk of the juvenile court shall deliver a copy of the notice of
appeal and the record, except page two of the complaint, to the clerk of the court of appeals who
immediately shall place the appeal on the docket of the court of appeals.
(2) The juvenile court shall prepare a written transcript if possible. However, if a
transcript cannot be prepared timely and if the testimony is on audio tape, the tape may be
forwarded as part of the record in the case to the court of appeals without prior transcription and
the court of appeals shall accept the audio tape as the transcript in the case without prior
transcription. The juvenile court shall ensure that the court of appeals has the necessary
equipment to listen to the audio tape.
(G) General rule of expedition. If a complainant files her notice of appeal on the same
day as the dismissal of her complaint, the entire court process, including the juvenile court
hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the
complaint was filed.
(H) Confidentiality. The court shall not notify the parents, guardian, or custodian of the
complainant that she is pregnant, that she wants to have an abortion, or that the complaint was
filed. All court papers and records that pertain to the action shall be kept confidential and are not
public records under section 149.43 of the Revised Code.
(I) Verification notice. Upon request of the complainant or her attorney, the clerk shall
verify on Form 23-D the date the complaint was filed and whether a hearing has been held within
five business days after the filing of the complaint. The form shall be filed and included as part
of the record and a date-stamped copy shall be provided to the complainant or her attorney.
RULE 23.1. Juvenile Court Procedures—Application for authorization to Consent to an
Abortion or for Judicial Consent to an Abortion (R.C. 2919.121).
(A) Petition; filing; sealing identifying information. (1) All actions pursuant to section
2919.121 of the Revised Code shall be commenced by filing a petition on Form 23.1-A issued by
the clerk of the Supreme Court of Ohio. A certified copy of the second page, with the case
number noted on it, shall be given to the petitioner after the petitioner or next friend signs it. The
original second page shall be removed from the file jacket and filed under seal in a safe or other
secure place where access is limited to essential court personnel. All index records shall be filed
under, “In re the Petition of Jane Doe.”
(2) Minors seeking to file an action under section 2919.121 of the Revised Code shall be
given prompt assistance by the clerk in a private, confidential setting. Assistance shall include
performing the notary services necessary to file the petition and affidavits described in this rule.
(3) The petition shall be filed promptly upon the request of the petitioner. The petition
and other forms described in these rules shall be provided without cost to the petitioner. No filing
fees or court costs shall be imposed on the petitioner in connection with these proceedings or any
notice of appeal filed in connection with these proceedings.
(B) Appointment of counsel. Upon the filing of the petition and at least twenty-four
hours before the hearing scheduled pursuant to division (D) of this rule, the court shall appoint
an attorney to represent the petitioner if she is not represented by an attorney. Court-appointed
attorneys shall be paid by the court without expense to the petitioner.
(C) Appointment of guardian ad litem. Upon the filing of the petition, the court shall
appoint a guardian ad litem pursuant to Rule 4 of the Ohio Rules of Juvenile Procedure.
(D) Hearing. (1) A hearing shall be conducted promptly after the filing of the petition, if
possible within twenty-four hours. In no event shall the hearing be held later than five calendar
days after the filing of the petition. The court shall accommodate school hours if at all possible.
The hearing shall be conducted by a judge and shall not be heard by a magistrate. Hearings shall
be closed to the public and exclude all persons except witnesses on behalf of the petitioner, her
attorney, her guardian ad litem, her next friend, if any, and essential court personnel. The hearing
shall be conducted in a manner that will preserve the anonymity of the petitioner. The
petitioner’s name shall not appear on the record.
(2) If maturity and best interest are alleged in the petition, the court shall rule on the issue
of maturity first. If the court finds against the petitioner on the issue of maturity, it then shall
determine the issue of best interest.
(E) Judgment. (1) If the court finds that the petitioner is sufficiently mature and well
enough informed to decide intelligently whether to consent to an abortion or that the abortion is
in the best interests of the petitioner, the court shall issue an order on Form 23.1-B authorizing
the petitioner to consent to the performance of an abortion or giving judicial consent to the
abortion. If the court does not find that the petitioner is sufficiently mature and well enough
informed to decide intelligently or that the abortion is in the best interests of the petitioner, or if
the court finds that it does not have jurisdiction over the petition, the court shall issue an order on
Form 23.1-B denying or dismissing the petition. The court shall enter judgment as soon as
possible and no later than twenty-four hours after the conclusion of the hearing.
(2) If the judgment is entered immediately at the conclusion of the hearing, the court shall
provide the petitioner and her attorney with a copy of the judgment. If the court denies or
dismisses the petition, the court shall notify the petitioner that she has a right to appeal under
division (C)(6) of section 2919.121 of the Revised Code and provide the petitioner and her
attorney with a copy of the notice of appeal, Form 23.1-C.
(3) If the judgment is not entered immediately at the conclusion of the hearing, the court
shall do all of the following:
(a) Inform the petitioner that the judgment will be entered within twenty-four hours;
(b) Inform the petitioner that the court will notify her attorney of the judgment upon its
issuance;
(c) Inform the petitioner of the availability of other confidential procedures, which have
been established by the court, to notify the petitioner of the court’s judgment, including, but not
limited to, providing the petitioner with the name of a designated court employee whom the
petitioner may contact to obtain the judgment, arranging for the pick-up of the judgment at the
court, or arranging for delivery of the judgment to an address designated by the petitioner;
(d) Notify the petitioner that, if the court denies or dismisses the petition, she has the right
to appeal under division (D)(6) of section 2919.121 of the Revised Code;
(e) Provide the petitioner and her attorney with a copy of the notice of appeal, Form 23.1C, and explain to the petitioner that the form may be filed only if the court denies or dismisses
the petition.
(F) Appeals. (1) Immediately after the notice of appeal has been filed by the petitioner,
the clerk of the juvenile court shall notify the court of appeals. Within four calendar days after
the notice of appeal is filed in the juvenile court, the clerk of the juvenile court shall deliver a
copy of the notice of appeal and the record, except page two of the petition, to the clerk of the
court of appeals who immediately shall place the appeal on the docket of the court of appeals.
(2) The juvenile court shall prepare a written transcript if possible. If a transcript cannot
be prepared timely and if the testimony is on audio tape, the tape may be forwarded as part of the
record in the case to the court of appeals without prior transcription, and the court of appeals
shall accept the audio tape as the transcript in the case without prior transcription. The juvenile
court shall ensure that the court of appeals has the necessary equipment to listen to the audio
tape.
(G) General rule of expedition. (1) If a petitioner files a notice of appeal on the same
day as the denial or dismissal of her petition, the entire court process, including the juvenile court
hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the
petition was filed.
(2) If a petitioner files a notice of appeal after the day on which the court denies or
dismisses her petition, the entire court process, including the juvenile court hearing, appeal, and
decision, shall be completed in sixteen calendar days from the time the petition was filed, plus
the number of calendar days that elapsed between the date on which the court’s decision was
issued and the date on which the notice of appeal was filed.
(H) Confidentiality. The court shall not notify the parents, guardian, or custodian of the
petitioner that she is pregnant, that she wants to have an abortion, or that the petition was filed.
All court papers and records that pertain to the action shall be kept confidential and are not
public records under section 149.43 of the Revised Code.
(I) Definition. As used in this rule, Sup. R. 25, and Forms 23.1-A, 23.1-B, 23.1-C, and
25, “petitioner” means the minor female who is seeking consent to have an abortion regardless of
whether the minor female or a next friend filed the petition.
[Effective: October 15, 2001.]
RULE 24. Notifying Physicians of Affidavits Alleging Abuse Under 2919.12.
(A) Filing affidavits--procedure. Pursuant to division (B)(1)(b) of section 2919.12 of
the Revised Code, a minor may have notice of an intended abortion given to a specified adult
instead of one of her parents, guardian, or custodian. Two affidavits must be filed with the clerk
of the juvenile court by anyone seeking to invoke the notice provisions of the law. The first
affidavit is executed by the minor and should be on Form 24-A. The second affidavit is executed
by the specified adult and should be on Form 24-B. Anyone receiving these forms also shall be
given the accompanying instruction sheet.
Upon the filing of both affidavits and upon the request of the minor, her attorney, or the
person who will perform the abortion, the clerk of the juvenile court shall issue a notice on Form
24-C verifying that the affidavits have been filed with the court.
(B) Confidentiality. All affidavits filed and notices issued pursuant to this rule shall be
placed under seal in a safe or other secure place where access is limited to essential court
personnel.
Persons becoming aware of the contents of any affidavits prepared pursuant to this rule or
section 2919.12 of the Revised Code are exempt from reporting such contents under section
2151.421 of the Revised Code. Any reporting by court personnel would breach the duty of
confidentiality and is prohibited by section 102.03 of the Revised Code.
RULE 25. Procedure on Appeals Under Sections 2151.85, 2919.121, and 2505.073 of the
Revised Code.
(A) General rule of expedition. (1) If a complainant or petitioner files her notice of
appeal on the same day as the dismissal of her complaint or petition by the juvenile court, the
entire court process, including the juvenile court hearing, appeal, and decision, shall be
completed in sixteen calendar days from the time the original complaint or petition was filed.
(2) If a complainant or petitioner files a notice of appeal after the day on which the court
denies or dismisses her complaint or petition, the entire court process, including the juvenile
court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the
complaint or petition was filed, plus the number of calendar days that elapsed between the date
on which the court’s decision was issued and the date on which the notice of appeal was filed.
(B) Processing appeal. (1) Immediately after the notice of appeal has been filed by the
complainant or petitioner, the clerk of the juvenile court shall notify the court of appeals. Within
four days after the notice of appeal is filed in juvenile court, the clerk of the juvenile court shall
deliver a copy of the notice of appeal and the record, except page two of the complaint or
petition, to the clerk of the court of appeals who immediately shall place the appeal on the docket
of the court of appeals.
(2) Record of all testimony and other oral proceedings in actions pursuant to section
2151.85 or 2919.121 of the Revised Code may be made by audio recording. If the testimony is
on audio tape and a transcript cannot be prepared timely, the court of appeals shall accept the
audio tape as the transcript in this case without prior transcription.
(3) The appellant under this section shall file her brief within four days after the appeal is
docketed. Unless waived, the oral argument shall be within five days after docketing. Oral
arguments must be closed to the public and exclude all persons except the appellant, her
attorney, her guardian ad litem, and essential court personnel.
(4) Under this rule, “days” means calendar days and includes any intervening Saturday,
Sunday, or legal holiday. To provide full effect to the expedition provision of the statute, if the
last day on which a judgment is required to be entered falls on a Saturday, Sunday, or legal
holiday, the computation of days shall not be extended and judgment shall be made either on the
last business day before the Saturday, Sunday, or legal holiday, or on the Saturday, Sunday, or
legal holiday.
(C) Confidentiality. All proceedings pursuant to division (A) of section 2505.073 or
2919.121 of the Revised Code shall be conducted in a manner that will preserve the anonymity
of the appellant on appeal. Except as set forth in division (E) of this rule, all papers and records
that pertain to an appeal under section 2505.073 or 2919.121 of the Revised Code shall be kept
confidential and are not public records under section 149.43 of the Revised Code.
(D) Judgment entry. The court of appeals shall enter judgment immediately after
conclusion of oral argument or, if oral argument is waived, within five days after the appeal is
docketed.
(E) Release of records. The public is entitled to secure all of the following from the
records pertaining to each case filed under section 2505.073 or 2919.121 of the Revised Code:
(1) The docket number;
(2) The name of the judge;
(3) The judgment entry and, if appropriate, a properly redacted opinion.
Opinions shall set forth the reasoning in support of the decision in a way that does not
directly or indirectly compromise the anonymity of the minor. Opinions written in compliance
with this requirement shall be considered public records available upon request. If, in the
judgment of the court, it is impossible to release an opinion without compromising the
anonymity of the minor, the entry that journalizes the outcome of the case shall include a specific
finding that no opinion can be written without disclosing the identity of the minor. Such finding
shall be a matter of public record.
It is the obligation of the court to remove any and all information in its opinion that
would directly or indirectly disclose the identity of the minor.
(F) Notice and hearing before release of opinion. After an opinion is written and before
it is available for release to the public, the minor must be notified and be given the option to
appear and argue at a hearing if she believes the opinion may disclose her identity. Notice may
be provided by including the following language in the opinion:
If appellant believes that this opinion may disclose her identity, appellant has a right to
appear and argue at a hearing before this court. Appellant may perfect this right to a hearing by
filing a motion for a hearing within fourteen days of the date of this opinion.
The clerk is instructed that this opinion is not to be made available for release until either
of the following:
(1) Twenty-one days have passed since the date of the opinion and appellant has not filed
a motion;
(2) If appellant has filed a motion, after this court has ruled on the motion.
Notice shall be provided by mailing a copy of the opinion to the attorney for the appellant
or, if she is not represented, to the address provided by appellant for receipt of notice.
(G) Constructive order. Upon request of the appellant or her attorney in proceedings
pursuant to section 2151.85 or 2505.073 of the Revised Code, the clerk shall verify on Form 25A the date the appeal was docketed and whether a judgment has been entered within five days of
that date. The completed form shall include the case number from the juvenile court and the
court of appeals, and shall be filed and included as part of the record. A date-stamped copy shall
be provided to the appellant or her attorney.
[Amended effective: October 15, 2001.]
REPRESENTATIVE CASE LAW
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In re Doe, a.k.a. S.H., Ohio Misc.2d, 565 N.E.2d 891 (1990)
In re Doe, 566 N.E.2d 1181 (Ohio 1991)
In re Doe, 615 N.E.2d 1142 (Ohio Ct. App. 1992)
In re Doe, 1994 WL 702230 (Ohio Ct. App. 1994)
In re Doe, 1994 WL 728225 (Ohio Ct. App. 1994)
In re Doe, 645 N.E.2d 134 (Ohio Ct. App. 1994)
In re Doe, 735 N.E.2d 504 (Ohio Ct. App. 1999)
In re Doe 1999, 731 N.E.2d 751 (Ohio Ct. App. 1994)
In re Doe, 2002 WL 1769389 (Ohio Ct. App. 2002)
In re Doe, 2003 WL 22871690 (Ohio Ct. App. 2003)
In re Doe, 2005 WL 736666 (Ohio Ct. App. 2005)
In re Doe, 2006 WL 1230693 (Ohio Ct. App. 2006)
In re Doe, 2007 WL 1969784 (Ohio Ct. App. 2007)
In re Doe, 2008 WL 4681847 (Ohio Ct. App. 2008)
In re Doe, 749 N.E.2d 807 (Ohio Ct. App. 2001)
Ohio v. Akron Center for Reproductive Health et al., 497 U.S. 502 (1990)