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The Window for California to Enact Parental Notification and Waiting

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The Window for California to Enact Parental Notification and Waiting THE WINDOW FOR CALIFORNIA TO ENACT PARENTAL NOTIFICATION AND WAITING PERIOD ON ABORTION by Laura M. Falcon A Research Study Presented to the Faculty of the Department of Public Policy and Administration School of Business and Public Administration CALIFORNIA STATE UNIVERSITY, BAKERSFIELD In Partial Fulfillment of the Requirements for the Degree of MASTER OF PUBLIC ADMINISTRATION December 2009 ii Copyright By Laura M. Falcon 2009 THE WINDOW FOR CALIFORNIA TO ENACT PARENTAL NOTIFICATION AND WAITING PERIOD ON ABORTION By Laura M. Falcon This thesis has been accepted on behalf of the Department of Public Policy and Administration by their supervisory committee: Chandrasekar Comurri, Ph.D. Committee Chair Jinping Sun, Ph.D. Committee Member III DEDICATION To my son, Elijah, and partner, Christian, for their love and support To my parents, San Juana and Tereso, for their scarifies, faith, and encouragement To my siblings, Juana, Leticia, Sylvia, and Gerardo, for their motivation iv ACKNOWLEDGEMENT I would like thank Dr. Commuri and Dr. Sun for taking the time to help me complete this project and reviewing my work throughout the research process. I would also like to thank Alberto Arteaga for all his help and suggestions. v EXECUTIVE SUMMARY Over the past years, the issue of allowing a minor to obtain an abortion without parental involvement has become an ongoing battle for the State of California. According to statistics, California is the state with the most abortions a year. Moreover, the statistics have also indicated that minors are most likely to have unplanned pregnancies, which end in abortion. Therefore, this issue has become an unavailable issue that must be addressed in order to help, guide, and protect our younger generation. The following study is a policy analysis and will do three things. First, the study will conduct a literature review to better understand the problem and determine a more effective solution to reducing the abortion rate among minors. Secondly, the three propositions that were presented to Californians will be review to help determine why all three propositions were rejected. Last, the theory “Window of Opportunity” will be presented along with the specific window California needs in order to enact parental involvement laws. In addition, three recommendations will be offer on what California can do to implement an abortion law. Several recommendations are included in this study. The State of California needs to gather more information and data in connection to minors, parental involvement, and consent laws. If California wants to implement an abortion law, proponents need to follow the proper steps for a window of opportunity to open. The key recommendations are: • Connect the issue to a critical problem (For example, find a correlation between minors getting pregnant and obtaining abortions to an increase of minors dropping vi out school, committing crimes, increase of tax dollars, and an increase of families under poverty.) • Look into further research and connect the findings to decision maker’s values, cost effectiveness, and try to appeal to the public • Last, get more elected officials to support the issue and change the political mood to favor the issue vii TABLE OF CONTENTS Dedication ..................................................................................................................................... iv Acknowledgement ...........................................................................................................................v Executive Summary ....................................................................................................................... vi Table of Contents ......................................................................................................................... viii Chapter 1. Introduction ....................................................................................................................1 Background of the Problem .................................................................................................1 Statement of the Problem .....................................................................................................2 Purpose of the Study ............................................................................................................4 Method and Procedures of the Study ..................................................................................4 Importance of the Study ......................................................................................................5 A Brief Preview of the Research Study ...............................................................................5 Chapter 2. Literature Review ...........................................................................................................7 Defining Parental Involvement Laws ..................................................................................7 Abortion Laws vs. Unplanned Pregnancies and Abortions ................................................8 Research behind Parental Involvement Laws ......................................................................9 The Controversies behind Parental Involvement Laws .....................................................12 Chapter 3. Politics Surrounding Abortion Laws ...........................................................................15 Previous Research on Influential Factors .........................................................................15 From Past to Present .........................................................................................................16 Propostion 73 ............................................................................................................17 Proposition 85 ...........................................................................................................21 Proposition 4 ............................................................................................................23 Chapter 4. Theory ........................................................................................................................27 Window of Opportunity .....................................................................................................27 Previous Research using Kingdon’s Model .......................................................................28 A Window for a Parental Involvement Law ......................................................................30 Indentifying a Problem ......................................................................................................31 Indicators ...................................................................................................................31 Focusing Events .........................................................................................................32 Feedback ....................................................................................................................33 Policy .................................................................................................................................34 Politics................................................................................................................................34 Chapter 5. Summary ......................................................................................................................36 Conclusions ........................................................................................................................36 Recommendations ..............................................................................................................37 Appendices IRB .....................................................................................................................................41 References ......................................................................................................................................42 viii ix x CHAPTER 1: INTRODUCTION BACKGROUND OF THE PROBLEM Every year, approximately 50 million abortions are performed worldwide. The United States accounts for approximately 1.4 million abortions a year. Every year, in the state of California, approximately 208,430 abortions are performed. According to statistics, California is the state with the most abortions per year (R.K. Jones et al, 2008). Nearly half of all unintended pregnancies ended in abortion. Furthermore, over 55 percent of women having abortions are under 20 years of age (CBR, 2009). Over the last decade, the issue of abortions among adolescents has become an unavoidable issue that must be addressed. For this reason, many states have already constructed a latticework of abortion laws, codifying, regulating, and limiting as to whether, when, and under what conditions a woman may obtain an abortion (CBR, 2009). The implementation of abortion laws have been put in place with the expectation of decreasing the percentage of women obtaining abortions. Currently, 38 states require that only licensed physicians perform abortions. Out of the 38 states, only 19 states allow abortions to be performed in hospitals. Only 36 states prohibit abortion, unless the abortion is seen as necessary to protect the woman’s life or health after a specified point in pregnancy, most often fetal viability (Alford, 2003). About 17 states mandate women to receive counseling before obtaining abortions. Moreover, about 24 states require women to wait a specified period before obtaining abortions,
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