Page 3,
Second, the minor states that her “guardian is fine with what [she] wants to do,” which would be a sufficient basis for a waiver of notice if other statutory requisites are met. the minor states that her “guardian is fine with what [she] wants to do,” which would be a sufficient basis for a waiver of notice if other statutory requisites are met.
Page 5,
A limited statutory remand is particularly appropriate given that the petition essentially says the minor’s guardian agrees to the termination of pregnancy, which would be a legally sufficient basis for a waiver—an issue raised indirectly in the petition but not addressed in the trial judge’s order. The minor wrote that her guardian “was fine” with the minor’s decision. This statement was written in the section of the form petition related to whether it was in the “best interest of the minor” for a parent/guardian to not be notified, which was out of place on the form but not a basis to disregard the apparent possibility of guardian consent. If the minor’s guardian consents to the minor’s termination of her pregnancy, all that is required is a written waiver from the guardian. § 390.01114(4)(b)2., Fla. limited statutory remand is particularly appropriate given that the petition essentially says the minor’s guardian agrees to the termination of pregnancy, which would be a legally sufficient basis for a waiver—an issue raised indirectly in the petition but not addressed in the trial judge’s order. The minor wrote that her guardian “was fine” with the minor’s decision. This statement was written in the section of the form petition related to whether it was in the “best interest of the minor” for a parent/guardian to not be notified, which was out of place on the form but not a basis to disregard the apparent possibility of guardian consent. If the minor’s guardian consents to the minor’s termination of her pregnancy, all that is required is a written waiver from the guardian. § 390.01114(4)(b)2., Fla. Stat. Such a written waiver would be self-executing, meaning that the minor need not invoke the judicial bypass procedure at all.
~Max