So, my new job creates some blog problems. I’m working for the state government. My department is one of the many parties that becomes involves when a child has been removed from their home due to allegations of child abuse or neglect. I’m working mostly in a support personnel function. I’m not directly involved in the work involved in removing the children, placing the children, creating case plans, finding permanency, etc. That’s stuff for social workers, lawyers, judges, and advocates, and I am not any of those. I am the person who makes sure the paperwork of the social workers, lawyers, judges, and advocates is done correctly and efficiently, and gets filed where it’s supposed to. That sounds pretty boring, but believe me, it’s what I really enjoy the best. I don’t think I have that thing that can make me deal with the front line; what I do have is a fascination with information, organization, and supply lines, and that makes me ideal for being the person who supplies and furnishes the front line, so that’s what I do.
This also means that I have access to a lot of very confidential information. Such as: on my work computer, there is a software program that allows me to look up the details of any court case that has ever happened in my state. Such as: when I attend court hearings to familiarize myself with the process, I have access to documents that only relevant parties to the case have access to, and this includes some potentially very private information about the private and public figures in the court room.
I have just gone back and edited a few of my old posts that made more specific references to the job I have and what I do. I’ll be returning to some of my old posts and redacting other information. At my previous job, I had grapevine access to potentially confidential information, otherwise known as gossip. Gossip is already in the public sphere, whether it should or shouldn’t be, so posts I already made relating some vague gossip or anecdote aren’t exactly wrong or problematic. But now that I have a job where I have access to things that should never be in the public sphere, I want to make sure I avoid even the mistaken impression that I have revealed something confidential and inaccessible to those without a security pass. This is partially to cover my own ass, but mostly out of respect for the responsibilities I have; as a representative of a government, I want to illustrate that I take privacy very seriously.
That’s a long explanation for this: you may see the word [redacted] popping up in some old blog posts as time goes on.
Now that that’s out of the way.
So! Like I said, my new job involves some work with the courts. Good lord, courts are an archaic fucking maze. It’s been equal parts fascinating and exhausting to learn about how courts actually work, down to the day-to-day crummy details. I’ve encountered more than a few surprises when realizing just how different the reality is from my general perception as a citizen mostly uninvolved with court processes. I’ll never again be able to hear somebody say, “Well, just take them to court!” as a vague answer to a vague dispute without jumping in like an asshole to tell them just how much of their life that’s going to suck out like an open hatch on a rocket ship.
I’ve been allowed to sit in on court proceedings, and read court documents, and I have unfettered access to court opinions and procedures. That last bit isn’t confidential, really, but unless you’ve had some serious dealings with the courts, it’s never stuff that really makes it to the public sphere, because god, who wants to know? I have learned a lot about the wide gulf between the legislature and the courts, and how one poorly-defined word in one poorly-defined bill turns into a new government department and millions of new tax dollars to pay for industrial-grade covers for everybody’s ass. I have also learned a lot about turning printed words on a bill into a daily process, and how the best way to understand how the law actually works is to ask the law clerk who runs the files. And I assure you the law rarely works in the way you imagine it, with structure and forethought and flow charts — usually it works because one person in one department said, “Okay, let’s do it this way,” and nobody else disagreed, because they didn’t want the extra work. I can’t tell you how many times I’ve asked, “But why do we do it this way?” and gotten as an answer, “Because Tracy used to work up in records, and that’s how she liked the forms to look, and I guess we just never changed it. I guess it doesn’t make sense, now that you point it out.”
I’ve been really interested in learning about the alternative life I could have had. When I ran away, I avoided courts and social workers completely. I’ve often wondered if that was the right decision. At the time, I didn’t know how to verbalize that what I experienced was abuse, and nobody seemed to know how to ask me the right questions, which could have barred me from getting the resources I really needed. I also had very short-term goals: stay away from my father, find somebody willing to feed me, find a bed to sleep in, don’t get pregnant, don’t do drugs, get to school tomorrow. I couldn’t even conceive of long-term goals like getting to college, learning job skills, getting therapy. That’s all stuff I think going to court could have gotten me, but only after jeopardizing — or taking out of my control — some of my short-term goals, and I was too terrified to do that. Which led to me holding on to anything and anybody that could achieve my short-term goals, which led to Flint and his family. So, you see why I wonder what could have been.
After I ran away, I developed an intense interest in medical rights and access. If I got pregnant, as a teenage runaway not in the system, could I get an abortion? It wasn’t an academi subject, and every time I read a newspaper article about a new restrictive law for minors, I got physically ill. I searched out information on DIY abortions, along with DIY dentistry and medical interventions, all things I wasn’t sure I could get if I needed them. I came to the conclusion that I wouldn’t be able to perform an abortion by myself, much like I couldn’t perform dentistry for myself, but if it came down to it, I was pretty sure I could figure out how to fuck up bad enough to go to the emergency room but not bad enough to kill myself. That would be enough to force the hand of doctors, insurance agents, and the law, and I could get the care I needed with hopefully few remaining injuries. I just want to emphasize: I had nights where I forced myself through methodical daydreams about how I would pull teeth out of my own head with pliers, because I felt I had to be mentally prepared to injure myself enough to acquire medical attention without my father’s permission. I had nights where I reviewed where I could most quickly acquire the tools to create a failed abortion, if I had to get up out of bed and run to do it right that minute; I knew, somewhere in me, that not having sex with Flint wasn’t an option if I also wanted food and a bed to sleep in once I turned 18, so I had to be prepared for the consequences of that. So I hope you can understand why I am 100% against restrictions on minors acquiring medical care without parental notification or consent; this is not an academic or moral or legal or ethical issue for me. This is a body memory of where the closest places to buy knitting needles are, and how late those places are open, and who I could potentially con five dollars out of, and what excuse I could give them.
So, I’ve taken some of my time at work to learn about this state’s current restrictions on abortion care for minors. How it plays out in the courts is probably very different from how it plays out in your mind, and I wanted to lay out some information I found pretty interesting.
In my state, minors are required to notify their parents. They are not required to have parental consent, only notification. The notification has to occur before the procedure. Both parents have to be notified. There is a judicial bypass procedure, where the minor can go to court and petition a judge to allow her to bypass the requirement for notification. Before working here, that’s about all I knew. Probably that’s all most of you know.
Let’s start with a case example to move you through every aspect of how this actually works. I’m going to note the places I was surprised.
Let’s say you have a girl, we’ll call her Laura. Laura is 15 years old. She lives with her mother in a small town. Her parents divorced when she was young, and her father is somewhere in California. Laura is pregnant.
Laura calls her local hospital to ask if they provide abortion services. They do not. They tell her she must notify her parents. Laura states she doesn’t want to tell her mother, and the hospital tells her she’ll need a judicial bypass as well as an abortion. Laura calls her local courthouse and asks about judicial bypasses. They tell her that yes, she’ll need one, but no, they’re not sure how to provide one — they’ve never done it, and the judges refuse.
Surprise #1: Just because a service is required by law doesn’t mean there is anybody available to provide it. The law says that Laura is allowed to seek a judicial bypass — the law does not say that a judge is required to be available to provide one. Laura has the right to ask, but not to receive.
Surprise #2: Lots of judges refuse to process judicial bypasses. It’s not a requirement; judges are not forced to take every case presented. Many judges have no idea how to process a judicial bypass — they’ve never been trained. And many judges refuse because it comes up during election time: Did you know Judge Adam A. Adamson allowed 20 young girls to get abortions last year? Do you want a baby-killer on the court?
Additionally, if a judge has a personal pro-life conviction, they may simply refuse to take bypass cases. Even though a bypass only allows a girl to not notify her parents if she seeks an abortion, and does not legally mandate abortions, and even though this shit is their fucking jobs, these judges find that to be splitting ethical hairs. This is not a slur against pro-lifers — there is a pro-life conservative judge on our court, but you would never know it from the way they run their cases, because they run their cases like a judge and not like somebody with a personal agenda — this is a slur against judges who refuse to do their jobs due to personal convictions. Don’t be a fucking judge, then.
Laura’s local court system tells her that the courts in the main city will process judicial bypasses. Additionally, the hospital told Laura that the closest clinic that provides abortion services is also located in the main city, Cityville. It’s about four hours away. She’ll need to acquire transportation and possibly overnight lodgings.
Laura bites the bullet. She tells her mother. Though there’s a lot more conversations the two of them need to have, Laura’s mother agrees that abortion is the best option, and agrees to drive her to Cityville. The next day, Laura and her mother head to a clinic in Cityville. Laura speaks to a counselor privately, who assures her that their talk is confidential. She and the counselor discuss her options, and how she feels about them. The counselor determintes that Laura is of sound mind, aware of her decisions and their impacts, and still desires the abortion.
The counselor then tells her she’ll need to visit the county courthouse for a judicial bypass. Laura and her mother are confused. Her mother is standing right there with her in the clinic. Ah, yes, but where is her father? Her father must also be notified. Laura’s mother paws through her purse and finds the last known number for Laura’s father. She makes phone calls for about an hour, finally managing to track him down. She hands the phone to a clinic worker. Laura’s father identifies himself, and the clinic worker notifies him that his daughter is acquiring an abortion. Laura’s father immediately states that he is not Laura’s father, then hangs up.
In the meantime, Laura’s mother is trying to establish that she is, in fact, Laura’s mother. She has a SS card, but it lists her married name, and she has been divorced for a few years. She didn’t think to bring Laura’s birth certificate. The clinic cannot effectively establish that Laura is legally her mother’s daughter. That, coupled with the fact that Laura’s father refuses to admit he is Laura’s father and has effectively been notified, means that Laura (whose parents both know she is acquiring an abortion) must now seek a judicial bypass for parental notification.
Surprise #3: The law does not clearly state how to establish maternity or paternity. However, the law does clearly state rather extensive punishments for the clinic or doctor who performs an abortion without having established maternity or paternity of the minor. Thus, clinics may enact excessive bureaucratic measures to ensure beyond any legal doubt that a minor’s parents are actually a minor’s legal parents. So, you can (and do) have the situation where a girl’s mother and father come to the clinic with her, but do not have IDs, social security cards, or birth certificates, so the clinic sends the girl to the courthouse, since she is legally unable to notify her parents, who are standing next to her.
Surprise #4: The law also refuses to clearly state what “notification” is. Is it a phone call? Is it a letter? Is it a signed letter? Is it a signed and notarized letter? Again, clinics have no guidelines to ensure their compliance with the law, but they do know that non-compliance with the law will have them shut down. So, a girl can come in to a clinic with both of her parents, but if one of her parents refuses to sign a piece of paper stating that they have been informed of her abortion, she must go to the courthouse.
The clinic calls the local courthouse to try and find out which department is now handling judicial bypasses.
Surprise #5: The law does not state who is in charge of the paperwork and process of a judicial bypass. This is the same as Surprise #1 — a service may be mandated, but unless a service provider is also mandated, you do not have a service. That is, Laura has the right to seek a judicial bypass, but she does not have the right to a law clerk who will fill out and process her paperwork, which effectively means Laura may not have access to her rights.
Since the law does not state which department should process this procedure, in my state, a department has volunteered. There is no really definitive reason why this department should be processing judicial bypasses — they are not the department in charge of young ladies or something — they are just the one department that stated they would do it, so every other department that would have been more appropriate just washed their hands of it. This department tries to keep their work on the DL, since there’s always the concern that it’ll come out during budget hearings, and there will be obsessive picketing leading to a shutdown of their department, a la “Do you want your tax money going to baby-killers?” etc. Again, since no department is legally required to perform this procedure, and since it’s a politically volatile topic, no department wants to perform this procedure. Which means Laura has the right to a bypass, but potentially no ability to access it through the public system that refuses to engage in what is a completely legal process.
The clinic locates the appropriate department, which tells them bypasses are only being processed on Mondays and Wednesdays, because the judges hate doing them on Tuesdays. Laura and her mother will have to stay the night.
On Wednesday, Laura and her mother head down to the county courthouse. They locate the proper department and sign a few forms. An employee interviews Laura separately about her decision — if she is of sound mind to request an abortion, and why she is requesting a judicial bypass. The interviewer is surprised that Laura was sent to the county courthouse, since her mother had an ID, and her father answered the phone. The interviewer worries that the judge won’t approve the bypass.
Surprise #6: Since the law does not clearly state what “notification” is or how to establish legal parents, states with a judicial bypass laws create clinics that send minors to court at the first sign of any minor hitch. Again, clinics have no guidelines for compliance, but are subject to consequences if non-compliant. This means that, to legally cover themselves, clinics will often send minors who don’t need judicial bypasses to court. Not only is this a major funding drain on taxpayers — court is fucking expensive — it also runs the risk that the judge will refuse to hear the case or deny the bypass.
If the judge feels that notification and paternity has been reasonably established, they will not deliver a spurious judgment. If the judge refused to hear the case, the girl must now find a clinic willing to perform the abortion with the circumstances she has, or must return to court and re-argue her case in front of the same judge or a new judge. If the judge denied the bypass, the girl must find a clinic that will consider her circumstances as legal enough. If she cannot, she cannot acquire an abortion.
Surprise #7: She can appeal the judge’s decision, though, right? Yes, technically. She has the right to a public defender. But, again, the right to a service does not guarantee access to a service. In my state, public defenders refuse to take these cases anymore. Initially, they stopped taking them because they were never really required; most judges give the girls the bypass, unless they feel there’s coercion going on. But once they had stopped taking them, they ran out of defenders who were trained to take bypass cases. Additionally, taking these cases looks bad for them. You’d think a public defender — who may also, in their lifetime, defend people who have committed abhorrent crimes — would not be so concerned with public perception, but when was the last time a building that provided rehabilitative services to sex offenders bombed, or had their therapists shot in church?
So, a girl has the right to a public defender, but if there are no public defenders available, she has no access to her rights.
The interviewer asks Laura why she did not initially want to tell her mother, and Laura tells her the same thing she told the clinic worker: she thinks the baby might be her uncle’s, and he has been sexually abusing her for years. The interviewer, stunned, tells Laura that he is a mandated reporter and is legally required to report this to CPS. Laura is also stunned; the clinic worker had told her the interview was confidential. The interviewer now understands why the clinic sent Laura to them.
Surprise #8: Clinics deal with a lot of politically volatile issues. They conserve their efforts, and one can’t blame them. In my state, if a clinic suspects anything is awry with a minor, they will send them to court and let the court personnel suss it out. This also sometimes means that court personnel must tell a minor — who has previously been told everything she says is confidential — that they will, in fact, have to report her to CPS. Minors who know about this in advance do not attempt to seek abortions, or do not attempt to seek legal abortions, in order to protect their families. Clinics know this, and would rather that minors think “the state” called CPS, and not the clinic.
The interviewer puts in a call to Child Protective Services. Laura is removed from her mother’s care, and made a ward of the state. Laura’s parent is now officially the state. The clinic is able to notify Laura’s social worker that Laura is attempting to acquire an abortion. Laura is now able to acquire an abortion.
Okay, here’s Surprise #9: Up until the child abuse angle, I just gave you a very typical story. That’s not to say the child abuse angle doesn’t happen — it does — but it’s not as common for the child abuse angle to come out during a judicial bypass proceeding.
But let’s take a different angle on the story. Let’s say Laura never tells her mother. She manages to get a ride to Cityville, and manages to seek a bypass that day. However, she is far enough along that she requires a two-day procedure. The first day, she receives implants that will widen her cervix and cause spontaneous miscarriage. The second day, doctors will ensure the procedure took, and remove the implants. She can’t stay the night in Cityville. She doesn’t go in the next day. She spontaneously miscarries at home, and goes to the ER. She does not tell the ER doctor that she had an abortion. The ER doctor does not know to look for the implants, and leaves them in her uterus. I won’t go into the complications that can ensue from here. Rest assured, they are fucking gruesome. But this angle is less about the judicial bypass, and more about the lack of doctors and hospitals that will perform abortion services. That’s a whole nother blog post of anger.
So, welcome to the reality of legal restrictions on medical services to teenagers! This is a thing to keep in mind whenever you read about a new law taking shape or being passed. If the new law does not explicitly identify standards and procedures, and if it does not explicitly identify service providers, and if those service providers do not actually exist in your community, you now have a pretty good idea of the intentions of the lawmakers. Passing a law that is undefined and inaccessible is passing a law you don’t want to see enforced. When lawmakers passed this notification law, they didn’t want girls to actually be able to acquire bypasses. They didn’t even care if girls notified their parents. If they had cared about these things, the law would have actually addressed what “notification” means, what “parents” mean, and who provides bypasses. It did not address these things, because these were not the things lawmakers actually wanted to see happen. The lawmakers purposefully made a law where it is impossible to ensure compliance, but is entirely possible to be punished for non-compliance. They made it this way because they did not want to see compliance. They wanted to see a full stop.
Laws restricting access to medical services are laws restricting access to medical services. They are not laws creating family talks, better worlds, or moral teenagers. They are laws creating restrictions to medical services, which people do not seek unless they need them. Laws creating restrictions to medical services are laws creating restrictions to services people need and need desperately. You can argue that the lawmakers had some kind of noble intentions in mind — I will not buy it, but you can argue that. But you cannot argue that once the law has been in effect and created an inability to comply, and yet remained unchanged. If this was a law about notifying parents, it would have addressed how to notify parents. If this was a law about how to seek a bypass, it would have addressed how to seek a bypass. Since it didn’t address either of those things, this is obviously a law about something else. You only get one guess about what that something else is.

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