[Adopted and effective November 26, 1984.]

Pa. O.C. Rule 16.1. Definitions. Scope

______"act" means the Act of June 11, 1982, P.L. 476, No. 138, as amended, 18 Pa.C.S. Section 3201 et. seq., known as the Abortion Control Act.

______"applicant" means 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 the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. Section 5501, et seq.;

______"application" includes a motion or petition;

______"court" means 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 Law Division;

NOTE: See Rule of Judicial Administration 2157 governing distribution of business within courts of common pleas.

______"Proceeding" means a proceeding pursuant to Section 3206(c) of the Act, 18 Pa.C.S. Section 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 Rule 16 shall govern proceedings pursuant to Section 3206(c) of the Act, 18 Pa.C.S. Section 3206(c).

[Adopted December 9, 1994, effective March 1, 1995. Prior Rule 16.1 was adopted and effective November 26, 1984, but rescinded as of March 1, 1995.]

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 the 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 notice 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.

[See the explanatory comments following Rule 16.12.]

Pa. O.C. Rule 16.2. Confidentiality

NOTE: See subdivision (b) of this rule governing the sealing of the record. See Rule 16.6 for provisions governing docketing. See Section 3206(f)(3) of the Act for the exclusion of persons from the hearing.

___(b) The record, including the application, pleadings, submissions, transcripts, exhibits, orders, evidence, findings and conclusions and any other written material to be maintained, shall be sealed.

___(c) The identity of the applicant shall not be disclosed in any decision of the proceeding.

[Adopted December 9, 1994, effective March 1, 1995. Prior Rule 16.2 was adopted and effective November 26, 1984, but rescinded on March 31, 1994.]

[See the explanatory comments following Rule 16.12.]

Pa. O.C. Rule 16.3. Precedence of Proceeding

[Adopted December 9, 1994, effective March 1, 1995. Prior Rule 16.3 was adopted and effective November 26, 1984, but rescinded on March 31, 1994.]

Pa. O.C. Rule 16.4. Commencement. Venue. No Filing Fees

___(b) No filing fees or court costs shall be required of the applicant.

[Adopted December 9, 1994, effective March 1, 1995. Prior Rule 16.4 was adopted and effective November 26, 1984, but rescinded on March 31, 1994.]

[See the explanatory comments following Rule 16.12.]

Pa. O.C. Rule 16.5. Application. Contents. Form of Verification. Assistance in Preparation

______(1) the initials of the applicant;

______(2) the age of the applicant;

______(3) the names and addresses of each parent, guardian or, if the petitioner is a minor whose parents are deceased and no guardian has been appointed, any other person standing in loco parentis to the applicant;

NOTE: The names and addresses may be included in the separate unsworn verification, form of which is provided by Rule 16.12, which shall be incorporated by reference in the application.

______(4) a statement that the applicant has been fully informed of the risks and consequences of the abortion;

______(5) a statement whether the applicant is of sound mind and has sufficient intellectual capacity to consent to the abortion;

______(6) a prayer for relief asking the court to enter an order authorizing a physician to perform an abortion upon applicant;

______(7) an unsworn verification stating that the information therein is true and correct and that the applicant is aware that any false statements made in the application are punishable by law. The verification may be substantially in the form prescribed by subdivision (b); and

______(8) the signature of the applicant, which may consist of the applicant's initials.

NOTE: See Rule 16.11 and Rule 16.12 for a suggested form of application when the applicant is a minor.

___(b) The verification required by subdivision (a)(7) may be substantially in the following form: I verify that the statements made in this application are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of Section 4904 of the Crimes Code, 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.

___(c) Where necessary to serve the interest of justice, the court shall refer the applicant to the appropriate personnel for assistance in preparing the application.

[Adopted December 9, 1994, effective March 1, 1995. Prior Rule 16.5 was adopted and effective November 26, 1984, but rescinded on March 31, 1994.]

[See the explanatory comments following Rule 16.12.]

Pa. O.C. Rule 16.6. Dockets. Document Maintenance

___(b) The proceeding shall be docketed by case number only.

___(c) The name or initials of the applicant shall not be entered on any docket which is subject to public inspection.

___(d) Documents pertaining to the proceeding shall be maintained in a closed file which shall be marked "confidential" and identified by the case number only.

[Adopted December 9, 1994, effective March 1, 1995. Prior Rule 16.6 was adopted and effective November 26, 1984, but rescinded on March 31, 1994.]

Pa. O.C. Rule 16.7. Expediency

Pa. O.C. Rule 16.8. Right to Appeal

Pa. O.C. Rule 16.10. Form; Generally

[Adopted December 9, 1994, effective March 1, 1995.]

NOTE: Additional averments will be required for an application filed on behalf of a person who has been adjudged an incapacitated person pursuant to Chapter 55 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. Section 5501, et seq.

[See the explanatory comments following Rule 16.12.]

Pa. O.C. Rule 16.11. Form of Application by a Minor

IN THE COURT OF COMMON PLEAS OF ________ COUNTY
(JUVENILE COURT SECTION OF THE FAMILY DIVISION),
(ORPHANS') OR (FAMILY) COURT DIVISION

IN RE:  Matter of _________________,  :  Application No.
                      (Initials)      :
                                      :
              A Minor                 :  of 19____


MINOR'S APPLICATION FOR
JUDICIAL AUTHORIZATION OF AN ABORTION

TO THE HONORABLE, THE JUDGES OF THE SAID COURT:

                Applicant, a minor, whose initials are _______,
          respectfully states:
                1.  Applicant is a pregnant woman, who (choose
               one):
                   ____ is a resident of this county; or
                   ____ seeks an abortion within this county.
                2.  Applicant's date of birth is _____________,
                19____.
                3.  Applicant is approximately ______ weeks
                pregnant.
                4.  The name and address of each parent or
                guardian or person standing in loco parentis are
                contained in applicant's separate unsworn
                verification.
__Yes __No___   5.  Applicant desires to terminate her pregnancy
                and has consulted with the physician who is to
                perform the abortion, or with a referring
                physician, for that purpose on _____ (date) at ___
                o'clock (a.)(p.)m.  Applicant has been fully
                informed of the risks and consequences of the
                abortion.
__Yes __No___   6.  Applicant consents to the abortion procedure.
__Yes __No___   7.  Applicant is of sound mind and has sufficient
                intellectual capacity to consent to an abortion.
__Yes __No___   8.  Applicant is mature and capable of giving
                informed consent to the proposed abortion.
                              OR
__Yes __No___   The performance of an abortion upon the applicant
                would be in the applicant's best interests.
                9.  Applicant is executing an unsworn verification
                with respect to statements of fact in this
                application.  The unsworn verification is set
                forth in a document separate from this application
                but incorporated herein by reference.  Applicant
                is aware that any false statements made in this
                application are punishable by law.

          Wherefore, applicant prays this Honorable Court to
enter an Order authorizing a physician to perform an abortion
upon applicant.
                                  Respectfully submitted,

                                  _____________________________
                                  Applicant's Signature
                                  (Initials may be used
                                  as signature)

[See the explanatory comments following Rule 16.12.]

Pa. O.C. Rule 16.12. Form of Separate Unsworn Verification

IN THE COURT OF COMMON PLEAS OF __________ COUNTY
(JUVENILE COURT SECTION OF THE FAMILY DIVISION),
(ORPHANS') OR (FAMILY) COURT DIVISION

IN RE:  Matter of ______________,  :  Application No. ___
                      (Initials)   :
                                   :
             A Minor               :  of 19___

CONFIDENTIAL VERIFICATION

     1.  I, _____________ (initials only), am the applicant in a
separate application for an abortion under Section 3206 of the
Abortion Control Act.

     2.  The name and address of each of my parents, guardian or
person standing in loco parentis is as follows (Please print):

____________________  ___________________  _____________________
Father's Name         Mother's Name        Guardian's Name

____________________  ___________________  _____________________
Street                Street               Street

____________________  ___________________  _____________________
City, State           City, State          City, State

     3.  I verify that the statements made in the separate
application and in this unsworn verification are true and correct
to the best of my personal knowledge or information and belief.

     I understand that false statements herein are made subject
to penalties of Section 4904 of the Crimes Code, 18 Pa.C.S. § 4904,
relating to unsworn falsification to authorities.

                                  ____________________________
                                  Applicant's Signature
                                  (Initials may be used
                                  as signature)

                                  _____________________________
                                  Applicant's Date of Birth

                                  _____________________________
                                  Date

[Explanatory Comment -- 1994:
___On March 31, 1994, the Supreme Court of Pennsylvania rescinded Orphans' Court Rules 16.2 through 16.8. The proposed rules replace those recently rescinded.

Rule 16.1 Definitions. Scope
___"Act," "court" and "proceeding" are defined by subdivision (a) to provide a clear frame of reference. "Applicant" is defined in terms of the statutory language found in Section 3206(a) of the Act which includes a pregnant woman: (i) who may be a minor or (ii) who has been adjudged to be incapacitated.
___The definition of "applicant" in Rule 16.1(a)(ii) follows the statute in requiring an incapacitated person to be adjudicated as such pursuant to Chapter 55 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. Section 5501, et seq., as a prerequisite to application. As the statute and proposed Rule now read, it is necessary that an incapacitated person secure an adjudication of incapacity, before applying for relief.
___Subdivision (b) sets forth the scope of the rules: "The procedure set forth in Rule 16 shall govern proceedings pursuant to Section 3206(c) of the Act, 18 Pa.C.S. Section 3206(c)." The rules are applicable to all proceedings under the Act by an applicant seeking an order authorizing a physician to perform an abortion upon her.
___However, the rules are not the exclusive source of procedure. Section 3206 itself contains much procedure which is left intact and unaffected by these rules. A note has be added to subdivision (b) to this effect.

Rule 16.2 Confidentiality
___Under Rule 16.2, the record in a proceeding under Section 3206 of the Act is sealed pursuant to general rule. It is not necessary that there be an order of court sealing the records as required under Section 3206(f)(1) of the Act because in the words of subdivision (b), "The record ... shall be sealed."

Rule 16.3 Precedence of Proceeding
___Rule 16.3 combines portions of the first two sentences of Section 3206(f)(1) to emphasize that the proceeding is to be given precedence to enable the court to comply with the statutory mandate that there be a decision within three business days. The rule puts into practice the legislative policy of Section 3206(f)(1) that the proceeding is to be given precedence "in order to serve the best interests of the pregnant woman."

Rule 16.4 Commencement. Venue. No Filing Fee
___Rule 16.4 states in simple terms that the proceeding is to be commenced by the filing of an application, that the proceeding is to be brought in the county of the applicant's residence or in which the abortion is to be performed, and that no filing fee is to be imposed on the applicant. With respect to commencement and venue, the rule conforms to procedures set forth in Section 3206(c). In not requiring any filing fee, the rule incorporates the substance of the first sentence of Section 3206(h).

Rule 16.5 Application. Contents. Form of Verification. Assistance in Preparation.
___Rule 16.5(a) tracks Section 3206(f)(2) with respect to the application. The rule expands upon subparagraph (vii) of the section which requires the application to indicate that the applicant is aware that false statements are punishable by law. The rules require the application to contain an unsworn verification and provides the language of the verification in subdivision (b).
___Another variation from the statute is found in Rule 16.5(a)(8) which provides that the signature of the applicant to the application may consist of her initials.
___Subdivision (c) of the rule is derived from Section 3206(f)(2)(viii) of the Act and again puts into practical effect the policy that the court "serve the best interests of the pregnant woman." It is required by both the Act and the rule that the court "refer the pregnant woman to the appropriate personnel for assistance in preparing the application."

Rule 16.6 Dockets. Document Maintenance
___Rule 16.6 establishes a confidential docket for these proceedings. While the docket may contain a history of the proceeding, the proceeding may be identified "by case number only." Documents are to be maintained in a closed file marked "confidential."
___Section 3206(f)(3) of the Act prohibits the name of the applicant from being entered on a docket open to public inspection. Subdivision (b) incorporates this admonition and expands it to include the applicant's initials as well as her name.

FORMS
___The rules provide a sample form of application. The form is simply a guide since the use of this particular form is not required. The form has been drafted in two parts. Rule 16.11 contains the form of application in Rule 16.11 and a form of verification in Rule 16.12. These two forms meet the requirements of Rule 16.5.

Additional sources of Procedure
___The comment to Rule 16.1(b) states that these rules are not the sole source of procedure governing proceedings under the Act. The note to the rule alludes to the Abortion Control Act itself and the Rules of Appellate Procedure.
___The proposed Orphans' Court rules cover the policy matters of confidentiality and precedence and the commencement of the proceeding. Procedure governing the hearing is left to the Act. The note to Rule 16.1(b) cites provisions relating to conduct of the hearing, findings to be made and the decision of the court. If the court does not render a timely decision or if the decision is adverse, the Rules of Appellate Procedure then guide the applicant to achieve an "expedited appeal."]