NRS
442.2555 Procedure if district court denies request for authorization for
abortion: Petition; hearing on merits; appeal.
1. If the order is denied pursuant to NRS 442.255, the court shall, upon request
by the minor if it appears that she is unable to employ counsel, appoint an
attorney to represent her in the preparation of a petition, a hearing on the
merits of the petition, and on an appeal, if necessary. The compensation and
expenses of the attorney are a charge against the county as provided in the
following schedule:
(a) For consultation, research and other time
reasonably spent on the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the
initials of the minor, the age of the minor, the estimated number of weeks
elapsed from the probable time of conception, and whether maturity,
emancipation, notification detrimental to the minor’s best interests or a
combination thereof are relied upon in avoidance of the notification required
by NRS 442.255. The petition must be
initialed by the minor.
3. A hearing on the merits of the
petition, on the record, must be held as soon as possible and within 5 judicial
days after the filing of the petition. At the hearing the court shall hear
evidence relating to:
(a) The minor’s emotional development, maturity,
intellect and understanding;
(b) The minor’s degree of financial independence
and degree of emancipation from parental authority;
(c) The minor’s best interests relative to
parental involvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find
useful in determining whether the minor is entitled to avoid parental
notification.
4. In the decree, the court shall, for
good cause:
(a) Grant the petition, and give judicial
authorization to permit a physician to perform an abortion without the
notification required in NRS 442.255; or
(b) Deny the petition, setting forth the grounds
on which the petition is denied.
5. An appeal from an order issued under
subsection 4 may be taken to the appellate court of competent jurisdiction
pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution, which shall suspend the Nevada Rules of Appellate Procedure
pursuant to NRAP 2 to provide
for an expedited appeal. The notice of intent to appeal must be given within 1
judicial day after the issuance of the order. The record on appeal must be
perfected within 5 judicial days after the filing of the notice of appeal and
transmitted to the appellate court of competent jurisdiction pursuant to the
rules fixed by the Supreme Court. The appellate court of competent jurisdiction
shall, by court order or rule, provide for a confidential and expedited
appellate review of cases appealed under this section.
(Added to NRS by 1985,
2306; A 2013,
1784)
Notes of Decisions
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
· cites it 23× “255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(1): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(2): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(3): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(3)(a): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(3)(c): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(4): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
Nev. Rev. Stat. § 442.2555(5): 1 case
Eugene Glick v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
“255, which requires parental notification or court authorization before a physician may perform an abortion upon an un-emancipated minor; NRS 442.2555, which provides an appeal procedure when such court authorization has been denied; and NRS 442.”
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