Tennessee § 37-10-304 - Applicability — Pseudonym — Counsel — Court proceedings — Appeals.

§ 37-10-304. Applicability — Pseudonym — Counsel — Court proceedings — Appeals.

The requirements and procedures under this part are available and apply to minors, whether or not they are residents of this state. The court shall ensure that the minor's identity is kept anonymous. The minor shall be allowed to proceed under a pseudonym and shall be allowed to sign all documents, including the petition, by that pseudonym. In any proceedings involving the use of a pseudonym by the minor, the court shall require one (1) copy of the petition to be filed, under seal, that contains the true name of the minor. This copy of the petition shall be kept in a separate file, under seal, and shall not be available for inspection by anyone, except as provided in subsection (h). The minor may participate in proceedings in the court on the minor's own behalf or through a next friend. The court shall advise the minor that the minor has a right to court-appointed counsel and shall provide the minor with such counsel upon the minor's request. The state shall further provide a court-appointed advocate in each judicial district to give information regarding the legal process to the minor and to coordinate with the court-appointed counsel. Such court-appointed advocates shall be compensated from funds appropriated for the reimbursement of court-appointed counsel. [Deleted by 2020 amendment.] Court proceedings under this section shall be given such precedence over other pending matters as is necessary to ensure that the court may reach a decision promptly, but in no case shall the court fail to rule within forty-eight (48) hours of the time of application; provided, that the forty-eight-hour limitation may be extended at the request of the minor. If, for any reason except the request of the minor, the court shall not have ruled within forty-eight (48) hours, the minor may deem the petition denied and immediately appeal the denial as provided in subsection (g). This provision is not deemed to restrict or forbid any other remedy now existing or hereafter enacted in such a situation. The consent requirement shall be waived if the court finds either that: The minor is mature and well-informed enough to make the abortion decision on the minor's own; or The performance of the abortion would be in the minor's best interests. A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence be maintained. An expedited, anonymous appeal shall be available to any minor. The appeal shall be de novo to the circuit court for the county in which the juvenile court is located. The appeal may be heard by the circuit court judge sitting in another county if necessary to meet the time limitations of this section. A notice of appeal shall be filed within twenty-four (24) hours of the decision by the juvenile court, but may be filed at any time, if the juvenile court has not ruled within forty-eight (48) hours of the filing of the petition. The record from the juvenile court must be received in the circuit court and the appeal docketed there within five (5) calendar days of the filing of the notice of appeal. The appeal shall be heard and a decision rendered by the circuit court within five (5) calendar days from when the case is docketed in the circuit court. For the purpose of expediting the appellate procedure under this section, the time requirements of this section may be reduced by the Tennessee supreme court pursuant to its rulemaking authority in order to ensure an expedited appeal. The decision of the circuit court shall be appealable to the Tennessee supreme court in an anonymous and expedited manner as provided by the rules of the Tennessee supreme court. Jurisdiction under this section will remain in the Tennessee supreme court, notwithstanding any other statute or rule to the contrary. All court files, documents, exhibits, and all other records lodged in or subject to the control of the court shall be kept confidential and under seal. Statistical summaries of these proceedings may be compiled for such reporting purposes as the supreme court may by rule require or allow. However, no information shall be released for these purposes that would tend to identify any minor who has made use of this procedure. The supreme court is respectfully requested to promulgate any rules necessary to ensure that proceedings under this part are handled in an expeditious and anonymous manner, including any amendments to the Tennessee Rules of Appellate Procedure, Tennessee Rules of Civil Procedure and Tennessee Rules of Juvenile Procedure. No fees shall be required of any minor who makes use of the procedures provided by this section. Acts 1988, ch. 929, § 4; 1989, ch. 412, § 1; 2020, ch. 764, § 1. Compiler's Notes. Acts 1995, ch. 458, §§ 1, 2 provided for the revival, reenactment and placing in full effect the provisions of §§ 37-10-301 — 37-10-307 , which require parental consent to perform an abortion on a minor. Amendments. The 2020 amendment deleted (c)(2) which read: “The department of children's services shall assign from existing staff at least one (1) court advocate in each judicial district to provide minors with information regarding requirements and procedures established by the provisions of this part, to assist in coordination of the activities of court-appointed counsel, to attend legal proceedings with the minor or the minor's next friend, and to make available written material concerning the provisions and applications of this part. The advocate shall be trained in the juvenile court procedures, in the procedures established by this part, and in counseling minors. The department shall provide a toll-free telephone number for minors to use in order to obtain the telephone number and address of a court advocate. The department shall further provide and distribute a written brochure or information sheet that summarizes the provisions and applications of this part and that contains the toll-free telephone number as well as the names, addresses, and telephone numbers of the court advocates in each judicial district.” Effective Dates. Acts 2020, ch. 764, § 4. July 13, 2020. Cross-References. Abortion, title 39, ch. 15, part 2. Confidentiality of public records, § 10-7-504 . Expedited appeals of denial of consent for abortion, Tenn. R. Sup. Ct. 24. Rule Reference. This section is referred to in Rules 13 and 24 of the Rules of the Supreme Court of Tennessee. This section is referred to in the Advisory Commission Comments under Rule 27 of the Tennessee Rules of Juvenile Procedure. Law Reviews. Assisting Minors Seeking Abortions in Judicial Bypass Proceedings: A Guardian ad Litem Is No Substitute for an Attorney, 55 Vand. L. Rev. 581 (2002). Disciplinary Board Opinions. Court-appointed attorneys for minors seeking abortions via judicial bypass of parental consent serves not as guardian ad litem but as advocate for the minor; such counsel must not fail to seek the minor's lawful objective, and has a duty of undivided loyalty to the minor. Formal Ethics Opinion 96-F-140 (6/13/96). Attorney General Opinions. Interpretation of various aspects of judicial bypass, OAG 96-053 (3/26/96). Imposing a mandatory parental consent requirement upon a pregnant minor’s ability to obtain an abortion, without allowing a judicial by-pass procedure, would be unconstitutional, OAG 04-055 (3/30/2004).