West Virginia Code § 16-2F-4

Process to obtain waiver of notification
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(a) An unemancipated minor who objects to the notice being given to her parent or legal
guardian may petition for a waiver of the notice to the circuit court of the county in which
the unemancipated minor resides or in which the abortion is to be performed, or to the judge
of either of such courts.
(b) The petition need not be made in any specific form and shall be sufficient if it fairly sets
forth the facts and circumstances of the matter, but shall contain the following information:
(i) The age of the unemancipated minor and her educational leveul;
(ii) The county and state in which she resides; and
(iii) A brief statement of unemancipated minor's reasoan or reasons for the desired waiver of
notification of the parent or guardian of such unemancipated minor.
No such petition shall be dismissed nor shall any hearing thereon be refused because of any
defect in the form of the petition.
(c) The Attorney General shall prepare suggested form petitions and accompanying
instructions and shall make the same available to the clerks of the circuit courts. The clerks
shall make the form petitions and instructions available in the clerks office.
(d) The proceedings held pursuant to this article shall be confidential and the court shall
conduct the proceedingLs in camera. The court shall inform the unemancipated minor of her
right to be represented by counsel. If the unemancipated minor is without the requisite
funds to retain the se rvices of an attorney, the court will appoint an attorney to represent
the unemancipated minor's interest in the matter. If the unemancipated minor desires the
services of an attorney, an attorney shall be appointed to represent the unemancipated
minor, if the unemancipated minor advises the court under oath or affidavit that the
unemancipated minor is financially unable to retain counsel. An attorney appointed to
represent the unemancipated minor shall be appointed and paid for his services pursuant to
the provisions of article twenty-one, chapter twenty-nine of this code. The pay shall not
exceed the sum of $100.
(e) The court shall conduct a hearing upon the petition without delay, but may not exceed
the next succeeding judicial day. The court shall render its decision immediately upon its
submission and, its written order not later than twenty-four hours and entered in the record
by the clerk of the court. All testimony, documents, evidence, petition, orders entered
thereon and all records relating to the matter shall be sealed by the clerk and shall not be
opened to any person except upon order of the court upon a showing of good cause. A
separate order book for the purposes of this article shall be maintained by the clerk and
shall be sealed and not open to inspection by any person save upon order of the court for
good cause shown.
(f) Notice as required by section three of this article shall be ordered waived by the court if
the court finds either:
(1) That the unemaciated minor is mature and well informed sufficiently to make the
decision to proceed with the abortion independently and without the notification or
involvement of her parent or legal guardian; or
(2) That notification to the person or persons to whom notification would otherwise be
required would not be in the best interest of the unemancipated minor.
(g) A confidential appeal shall be available to any unemancipateud minor to whom a court
denies an order authorizing an abortion without notification. An order authorizing an
abortion without notification may not be appealed. Access to the trial court and the Supreme
Court of Appeals shall be given to an unemancipated minor.
(h) Filing fees are not required of any unemancipated minor who avails herself of any of the
procedures provided by this section. l

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