(a) Applicability. Appeal proceedings to review final orders dismissing a petition for judicial waiver of parental notice and consent or consent only to the termination of a pregnancy will be as in civil cases, except as modified by this rule.
(b) Fees. No filing fee will be required for any part of an appeal of the dismissal of a petition for a judicial waiver of parental notice and consent or consent only to the termination of a pregnancy.
(c) Transmission of Notice of Appeal and Electronic Record. Within 2 days of the filing of the notice of appeal, the clerk of the lower tribunal must electronically transmit the notice of appeal and the record simultaneously. The clerk of the lower tribunal must prepare the record as described in rule 9.200(d).
(d) Disposition of Appeal. The court must render its decision on the appeal no later than 7 days from the receipt of the notice of appeal. If no decision is rendered within that time period, the order is deemed reversed, the petition is deemed granted, and the clerk of the court must place a certificate to that effect in the file and provide the appellant, without charge, with a certified copy of the certificate.
(e) Briefs and Oral Argument. Briefs, oral argument, or both may be ordered at the discretion of the court. The appellant may move for leave to file a brief and may request oral argument.
(f) Confidentiality of Proceedings. The appeal and all proceedings within must be confidential so that the minor remains anonymous. The file must remain sealed unless otherwise ordered by the court.
(g) Procedure Following Reversal. If the dismissal of the petition is reversed on appeal, the clerk of the court must furnish the appellant, without charge, with either a certified copy of the decision or the clerk of the court’s certificate for delivery to the minor’s physician.
Committee Notes
2014 Amendment. The previous version of this rule was found at rule 9.110(n).