Opinion released November 10, 2008 by the Alabama Court of Civil Appeals.
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REL: 11/10/2008 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2008 -2009 _________________________ 2080100 _________________________ In the Matter of Anonymous, a minor PER CURIAM. An unemancipated minor filed a petition in an Alabama juvenile court pursuant to § 26-21-1 et seq., Ala. Code 1975, seeking a judicial waiver of parental consent for an abortion. The juvenile court appointed a guardian ad litem to represent the minor. Following a hearing, at which only the minor testified, the juvenile court signed a preprinted Form JU-28 judgment stating that the juvenile court found that the minor 2080100 was not mature and well informed enough to make the abortion decision; found that the performance of the abortion was not in the best interest of the minor; and, therefore, denied the petition. The minor appeals. Section 26-21-4(g), Ala. Code 1975, requires that a trial court's order ruling on a petition for a waiver of parental consent for an abortion must contain written, specific factual findings and legal conclusions supporting its ruling. The conclusory statements contained in the preprinted Form JU-28 judgment finding that the minor is not mature and well informed enough to make the abortion decision and that the performance of the abortion is not in the best interest of the minor do not satisfy the requirement of § 26-21-4(g) that the trial court make specific factual findings and legal conclusions. See Ex parte Anonymous, 889 So. 2d 518 (Ala. 2003) (plurality opinion). Therefore, we remand this case to the juvenile court with instructions to enter a new judgment in conformity with this opinion and to transmit its new judgment to this court no later than 5:00 p.m. on Wednesday, November 12, 2008. REMANDED WITH INSTRUCTIONS. 2 2080100 Thompson, P.J., and Bryan and Moore, JJ., concur. Pittman, J., concurs specially, which Thomas, J., joins. 3 2080100 PITTMAN, Judge, concurring specially. I concur, but I write specially to note that authority other than the plurality opinion of the Alabama Supreme Court in Ex parte Anonymous, 889 So. 2d 518 (Ala. 2003), which is cited in the main opinion, supports the outcome reached today. See In re Anonymous, 812 So. 2d 1221, 1223 (Ala. Civ. App.) ("[a] trial court's order on a petition for a waiver of parental consent findings and must legal contain conclusions written, specific supporting the factual judgment" (emphasis added)), aff'd, 812 So. 2d 1234 (Ala. 2001); see also In re Anonymous, 956 So. 2d 427 (Ala. Civ. App.) (main opinion and special writings), review denied, 956 So. 2d 431 (Ala. 2006). Thomas, J., concurs. 4
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