(a) As used in
this Rule, the following words shall have the following meaning:
"Act"- the Act of June 11, 1982, P. L. 476, No. 138, as
amended,
18 Pa.C.S. §
3201 et.
seq., known as the Abortion Control Act ;
"Applicant"- a pregnant woman:
(i) who is less than eighteen years of age
and not emancipated or
(ii) a
person acting on behalf of a pregnant woman who has been adjudged an
incapacitated person pursuant to Chapter 55 of Title 20 (relating to
incapacitated persons);
"Application"-a legal paper, including a motion or
petition;
"Court"- the Orphans' Court Division of the Court of Common
Pleas, except in proceedings brought:
(a) in Philadelphia in which the applicant is
a minor in which case the term "court" means the Family Court
Division;
(b) in Allegheny County
where said proceedings shall be heard in the Juvenile Court Section of the
Family Court Division;
Note: See Rule of Judicial Administration
2157 governing distribution of business within courts of common pleas.
"Proceeding"- a proceeding pursuant to Section 3206(c) of the
Act,
18 Pa.C.S. §
3206(c).
Note: Section 3206(c) of the Abortion
Control Act relates to proceedings seeking authorization for a physician to
perform an abortion.
(b) The procedure set forth in Chapter 16
shall govern proceedings pursuant to Section 3206(c) of the Act,
18 Pa.C.S. §
3206(c).
Note: These rules implement Section 3206 of
the Abortion Control Act and work with that section to provide a full
procedure. Procedures which are set forth in that section rather than the rules
include the following:
1. Participation
in the proceeding and representation by an attorney, Section 3206(e). The court
shall be responsible for adopting a procedure to assure that the court advises
the pregnant woman of her right to counsel and that counsel is appointed upon
her request;
2. Conduct of the
hearing, including the exclusion of persons, evidence to be heard and notices
to be given the applicant, Section 3206(f)(3) and (4) and Section 3206(h);
and
3. Specific factual findings
and legal conclusions by the court in writing, Section 3206(f)(1).Section 3206
of the Act provides for an "expedited appeal." See Rule 3801
et seq. of the Rules of Appellate Procedure, which provide a
complete procedure governing the appeal. Pa. R.A.P. 3804 requires that the
court reporter, without charge to the applicant, transcribe the notes of
testimony and deliver them to the clerk of the court by 5:00 o'clock p.m. of
the business day following receipt of the notice of appeal to the Superior
Court.
Notes
The provisions of this
Rule 16.1 amended and effective 11/26/1984, 14 Pa.B. 4503; amended December 9,
1994, effective 3/1/1995, 24
Pa.B. 6555; amended December 1, 2015, effective 9/1/2016, 45 Pa.B. 7098.
