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or inducement of an abortion without the notification of her | parent. |
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| | 2.__Guardian ad litem.__The court shall appoint a guardian ad | litem to protect the interests of the petitioner at the hearing | that is held pursuant to this section.__If the petitioner has not | retained an attorney, the court shall appoint an attorney to | represent her.__If the guardian ad litem is an attorney admitted | to practice law in the State, the court may appoint the guardian | ad litem to serve also as the petitioner's attorney. |
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| §8404.__Standards of review |
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| | 1.__Allegation of competence.__If the petitioner makes only | the allegation set forth in section 8402, subsection 2, paragraph | D, subparagraph (1) and if the court finds, by clear and | convincing evidence, that the petitioner is sufficiently mature | and informed to decide intelligently whether to have an abortion, | the court shall issue an order authorizing the petitioner to | consent to the performance or inducement of an abortion without | the notification of her parent.__If the court does not make such | a finding, the court shall dismiss the petition. |
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| | 2.__Allegation of abuse.__If the petitioner makes only the | allegation set forth in section 8402, subsection 2, paragraph D, | subparagraph (2) and if the court finds, by clear and convincing | evidence, that there is evidence of a pattern of physical or | sexual abuse of the petitioner by a parent or that the | notification of the parent of the petitioner otherwise is not in | the best interest of the petitioner, the court shall issue an | order authorizing the petitioner to consent to the performance or | inducement of an abortion without the notification of her parent.__ | If the court does not make such a finding, the court shall | dismiss the petition.__All physical or sexual abuse allegations | must be referred to the Department of Health and Human Services | to be investigated.__Referrals made under this subsection must be | kept anonymous. |
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| | 3.__Allegations of competence and abuse.__If the petitioner | makes both of the allegations set forth in section 8402, | subsection 2, paragraph D, subparagraphs (1) and (2), the court | shall proceed as follows. |
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| A.__The court first shall determine whether it can make the | finding specified in subsection 1 and, if so, shall issue an | order pursuant to that subsection.__If the court issues such an | order, it may not review the allegation made under section 8402, | subsection 2, paragraph D, subparagraph (2).__If the court does | not make the finding specified in |
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