Full opinion text
OPINION Chief Justice PHILLIPS delivered the opinion of the Court as to Parts I-VI and a concurring opinion as to Part VII, all of which Justice GONZALES joins. Justice ENOCH, Justice BAKER, Justice HANKINSON, and Justice O’NEILL join in Parts I, II, and IV-VI of the Court’s opinion and in the judgment. Justice OWEN joins in Parts I, II, and III of the Court’s opinion and in the judgment. Justice HECHT and Justice ABBOTT join in Parts II and III of the Court’s opinion. This is a confidential appeal from a court of appeals’ decision affirming a trial court’s denial of a minor’s application for a court order authorizing her to consent to an abortion without notifying her parents. Our Court- is called upon to determine what the Legislature intended in Texas’s parental notification statute when it wrote that a court “shall enter an order” that a minor is “authorize[d] ... to consent to the performance of [an] abortion” if she demonstrates “by a preponderance of the evidence [that she] is mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents.... ” Tex. Fam.Code § 33.003(i). We are not called upon to decide the constitutionality or wisdom of abortion. Arguments for or against abortion do not advance the issue of statutory construction presented by this case. Instead, our sole function in this case is to interpret and apply the statute enacted by our Legislature. The trial court in this case concluded that although the minor “shows signs of being mature, she has not demonstrated that she is sufficiently well informed about the medical procedures and the emotional impact of the procedure.” The court of appeals affirmed, and the minor has appealed to this Court. We conclude that in this case, the minor has not met the statutory standard. Because this Court has not previously provided guidance to trial and appellate courts about what a minor must show under section 33.003 of the Texas Family Code to demonstrate that she is mature and sufficiently well informed, we remand this case to the trial court in the interest of justice. In so doing, we direct that upon remand, the proceedings in the trial court must be concluded as if Doe’s application had been filed the day after our opinion issues. See Tex. Fam.Code § 33.003(h). In the event that the minor requires additional time after issuance of this opinion to prepare for a hearing, she may, of course, request an extension of time. See id. I Jane Doe is a pregnant, unmanned minor. Her eighteenth birthday will occur within a few months. She lives at home with her parents, and she has not been emancipated. Pursuant to Family Code section 33.003, she sought an order from the trial court allowing her to consent to an abortion without having to notify either of her parents. See Tex. Fam.Code § 33.003. Jane Doe was represented by counsel of her choice, and as the Family Code requires, the trial court appointed a guardian ad litem. See id. § 33.003(e). At the conclusion of a hearing, the trial court denied Jane Doe’s application and issued written findings and conclusions in accordance with Texas Family Code section 33.003(h). Jane Doe appealed to the court of appeals, which affirmed the trial court’s judgment without an opinion. She now appeals to this Court. See id. § 33.004(f). She contends that she has conclusively established that she is mature and is sufficiently well informed to make a decision about terminating her pregnancy without notifying her parents. She also has presented a limited argument that the trial court erred in failing to conclude that notification would not be in her best interest. See id. § 33.003(i). Because she did not present this latter issue to the court of appeals, we will not consider it. Before we turn to the merits of the issues before us, however, there are two significant procedural matters that we must resolve. The first is whether the Family Code prohibits us from releasing our opinions to the public in these types of matters. The second is what standard of appellate review applies in cases arising under sections 33.003 and 33.004 of the Family Code. II Family Code sections 33.003 and 33.004 contain many provisions designed to ensure the minor’s anonymity and the confidentiality of the judicial bypass proceeding. Among these are provisions that, in effect, direct the trial court and the court of appeals not to publicly disseminate their rulings. See Tex. Fam.Code §§ 33.003(k),(Z); 33.004(c). Family Code section 33.003 directs that a minor’s application to the trial court, all other documents pertaining to the proceedings, and the trial court’s ruling are confidential and privileged. See Tex. Fam. Code §§ 33.003(k), (l). The statute is explicit about those who may receive notice of the trial court’s ruling: (,l) An order of the court issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other legal process. The order may not be released to any person but the pregnant minor, the pregnant minor’s guardian ad litem, the pregnant minor’s attorney, another person designated to receive the order by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. Tex. Fam.Code § 33.003(Z). Similarly, Family Code section 33.004(c) prohibits the court of appeals from publishing its ruling: (c) A ruling of the court of appeals issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other legal process. The ruling may not be released to any person but the pregnant minor, the pregnant minor’s guardian ad litem, the pregnant minor’s attorney, another person designated to receive the ruling by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. Tex. Fam.Code § 33.004(c). The Code’s judicial bypass provisions concerning appeals in this Court do not, however, contain directives regarding dissemination of opinions or rulings. The Family Code requires only that a “confidential appeal” shall be available to any pregnant minor to whom a court of appeals denies consent: (f) An expedited confidential appeal shall be available to any pregnant minor to whom a court of appeals denies an order authorizing the minor to consent to the performance of an abortion without notification to either of her parents or a managing conservator or guardian. Tex. Fam.Code § 33.004(f). The requirement of a “confidential appeal” is not an impediment to publishing our opinions. We can do so without disclosing the identity of the minor, the court of appeals, or the trial court. As the head of the third branch of government with regard to civil matters, this Court has an obligation to provide guidance to lower courts through its published opinions. There would be no means of insuring consistency, uniformity, and predictability of the law if the court of last resort could not commit its analyses, reasoning, and decisions to writing in opinions and disseminate those opinions to the public. Without some explication from this Court of the meaning of “mature and sufficiently well informed,” different courts around the state at both the trial and appellate level would surely arrive at very different constructions of what the statute requires. This result would undermine the rule of law that undergirds our whole system of justice. By publicly announcing our construction of this statute, the Legislature and the public will know the meaning that we have ascribed to it, and can order their behavior accordingly. In particular, the people, through their elected representatives, will have full opportunity to change the law, if they so desire, in light of the way the judiciary is interpreting and applying it. We note that we are not called upon to express an opinion about the constitutionality of the provisions of the Family Code that prohibit the lower courts from making their rulings publicly available. Those questions must be decided another day. Ill The second important procedural issue involves the standard of review that appellate courts are to apply in reviewing trial court rulings. Because section 83.004 is silent on this issue, we look to the standards of review we apply to other trial court decisions. First, we must determine whether the “mature and sufficiently well informed” requirement is a question of fact or of law. Section 33.003 provides that the trial judge should determine these questions by “a preponderance of the evidence.” Tex. Fam.Code § 33.003(i). This requirement implies that the trial judge is to weigh the evidence and determine the credibility of the minor or any other witnesses. These are typical fact-finding functions, performed by a trial court only after hearing the minor’s live testimony and viewing her demeanor. Next, we determine whether the trial court’s factual findings on these issues are subject to an abuse of discretion review standard or a legal and factual sufficiency review standard. The abuse of discretion standard applies when a trial court has discretion either to grant or deny relief based on its factual determinations. See Bocquet v. Herring, 972 S.W.2d 19, 20-21 (Tex.1998). This standard is especially appropriate when the trial court must weigh competing policy considerations and balance interests in determining whether to grant relief. See General Tire, Inc. v. Kepple, 970 S.W.2d 520, 526 (Tex.1998). Thus, the abuse of discretion standard is typically applied to procedural or other trial management determinations. See, e.g., National Med. Enters., Inc. v. Godbey, 924 S.W.2d 123, 128 (Tex.1996)(attor-ney disqualification); City of Brownsville v. Alvarado, 897 S.W.2d 750, 753-54 (Tex.1995)(admission of evidence); Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 852 (Tex.1992)(discovery sanctions). By contrast, in this case the trial court has no discretion over the order. The statute provides that if the court finds that the minor is “mature and sufficiently well informed,” it “shall enter an order authorizing the minor to consent to the performance of the abortion without notification to either of her parents.... ” Tex. Fam. Code § 33.004(i)(emphasis added). Furthermore, in determining whether a minor is “mature and sufficiently well informed,” the trial court is not to weigh policy considerations; it simply makes a factual determination. When the trial court acts primarily as a factfinder, appellate courts normally review its determinations under the legal and factual sufficiency standards. See Bocquet, 972 S.W.2d at 21; Catalina v. Blasdel, 881 S.W.2d 295, 297 (Tex.1994). We therefore apply that standard of review to this appeal. Unlike the courts of appeals, our Court may only engage in legal sufficiency review. See Tex. CoNst. art. V, § 6. In reviewing legal sufficiency, however, we may set forth factors and principles for lower courts to follow in determining and reviewing whether a minor is “mature and sufficiently well informed” to make this decision without parental notification. See Bocquet, 972 S.W.2d at 21 (reasonableness and necessity of attorney’s fees); Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 30-31 (Tex.1994)(gross negligence). IV We turn next to the standard of proof the Legislature intended to require in the parental notification statute. The Texas parental notification statute was enacted against a backdrop of over two decades of decisions from the United States Supreme Court. One of the seminal opinions regarding minors and abortion is Bellotti v. Baird, 448 U.S. 622, 99 S.Ct. 3035, 61 L.Ed.2d 797 (1979) (Bellotti II). In Bellotti a state had enacted a statute that required parental consent before a physician could perform an abortion on a minor, with certain limited exceptions. A plurality of the Court reiterated in Bellotti II what a majority of the Court had previously held in Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 74, 96 S.Ct. 2831, 49 L.Ed.2d 788 (1976): “ ‘[T]he State may not impose a blanket provision ... requiring the consent of a parent ... as a condition for abortion of an unmarried minor,’ ” and that it would be “inappropriate ‘to give a third party an absolute, and possibly arbitrary, veto over the decision of the physician and his patient to terminate the patient’s pregnancy, regardless of the reason for withholding the consent.’ ” Bellotti II, 443 U.S. at 643, 99 S.Ct. 3035 (plurality opinion) (quoting Danforth, 428 U.S. at 74, 96 S.Ct. 2831). The Bellotti II plurality further concluded that parental consent statutes would not pass constitutional muster unless the state provided an alternative procedure in which a minor could receive authorization for an abortion. Id. (plurality opinion). Thus, the plurality concluded that a minor must be permitted an opportunity to show “either: (1) that she is mature enough and well enough informed to make her abortion decision, in consultation with her physician, independently of her parents’ wishes; or (2) that even if she is not able to make this decision independently, the desired abortion would be in her best interests.” Id. at 643-44, 99 S.Ct. 3035 (plurality opinion). With regard to the determination of maturity, “the peculiar nature of the abortion decision requires the opportunity for case-by-case evaluations of the maturity of pregnant minors.” Id. at 643 n. 23, 99 S.Ct. 3035 (plurality opinion). The Bellotti II plurality also concluded that a parental bypass proceeding must maintain the anonymity of the minor and must be completed with “sufficient expedition to provide an effective opportunity for an abortion to be obtained.” Id. at 644, 99 S.Ct. 3035 (plurality opinion). A majority of the United States Supreme Court has subsequently approved the Bellotti II parental bypass requirements. See City of Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416, 439-442, 103 S.Ct. 2481, 76 L.Ed.2d 687 (1983) (Akron I) (holding parental consent statute unconstitutional in light of Bellotti II); Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 511-13, 110 S.Ct. 2972, 111 L.Ed.2d 405 (1990) (.Akron II) (declining to decide whether parental bypass was constitutionally required in a notification rather than a consent statute, but applying Bellotti II requirements). Our Legislature was obviously aware of this jurisprudence when it drafted the statute before us. V Against this backdrop our Legislature, like the legislatures of a number of other states, has chosen to require only parental notification, not parental consent. And like the other states that require only parental notification, our Legislature did not specify the particular information a minor must have before she can be considered “sufficiently well informed” to make the decision independently. The parental notification statute forbids a physician from performing an abortion on a pregnant, unemancipated minor without giving notice to the minor’s parents at least 48 hours before the procedure. See Tex. Fam.Code § 33.002(a). But the act allows a pregnant minor who wants to have an abortion without notifying one of her parents to “file an application for a court order authorizing the minor to consent to the performance of an abortion without notification to either of her parents_” Tex. Fam.Code § 33.003(a). When a minor files such an application, the court “shall determine by a preponderance of the evidence” whether: 1. The minor is “mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents;” or 2. Notification would not be in the best interest of the minor; or 3. Notification may lead to physical, sexual, or emotional abuse of the minor. Tex. Fam.Code § 33.003(i). If the court makes any of these determinations, the court “shall enter an order authorizing the minor to consent to the performance of the abortion without notification to either of her parents.... ” Id. Because the Legislature used the imperative word “shall,” we conclude that when a minor meets the statutory threshold, the trial court must grant the application. See Tex. Gov’t Code § 311.016(2). Our focus in construing this statute is to determine the Legislature’s intent; this we discern primarily from the plain meaning of the words chosen. See, e.g., Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 602 (Tex.1999); Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865 (Tex.1999); Liberty Mutual Ins. Co. v. Garrison Contractors, Inc., 966 S.W.2d 482, 484 (Tex.1998). In section 33.003(1), the Legislature has succinctly stated that the minor must be “mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her par-ents_” Tex. Fam.Code § 33.003(i). The brevity of the requirement does not, however, mean that it is insubstantial. The Legislature undoubtedly intended the bypass procedure to be a meaningful one. In requiring that a minor demonstrate that she is mature and sufficiently well informed, the Legislature took into account the gravity and potential consequences of the irreversible decision to terminate a pregnancy, and sought to assure that the minor’s decision was thoughtful and informed. Thus, we conclude that a minor is “mature and sufficiently well informed to make the decision to have an abortion without notification to either of her parents” when the evidence demonstrates that the minor is capable of reasoned decision-making and that her decision is not the product of impulse, but is based upon careful consideration of the various options available to her and the benefits, risks, and consequences of those options. See In re Anonymous, 111 So.2d 475, 477 (Ala.Civ.App.1998); In re Petition of Anonymous 1, 251 Neb. 424, 558 N.W.2d 784, 788 (1997); In re Petition of Anonymous 2, 253 Neb. 485, 570 N.W.2d 836, 838-39 (1997); In re Jane Doe, 126 N.C.App. 401, 485 S.E.2d 354, 356 (1997). The decisions of a number of other state courts construing similar statutes, which were available to the Legislature at the time they enacted section 33.003(i), inform our interpretation. See Ex Parte Anonymous, 618 So.2d 722, 725 (Ala.1993); In re Petition of Jane Doe for Waiver of Notice, 19 Kan.App.2d 204, 866 P.2d 1069, 1074-75 (1994); In re Mary Moe, 18 Mass.App.Ct. 727, 469 N.E.2d 1312, 1315 (1984); Cf. In re Anonymous, 674 So.2d 1317, 1318 (Ala.Civ.App.1995); In re Anonymous, 655 So.2d 1052, 1054 (Ala.Civ.App.1995). Obviously, whether a minor is mature and sufficiently well informed is a highly individualized decision that must take into account the diverse background and circumstances of each applicant for waiver of parental notification. An examination of decisions from other states’ courts reveals consistent themes. All of the decisions wrestle with “mature” and “informed,” two concepts that overlap to some extent, but which are also distinct. States make a distinction between the information, and the minor’s ability to understand that information and deal with it responsibly. The states that have written on this issue, including Alabama, Kansas, Massachusetts, Nebraska, North Carolina, and Ohio require that the minor has been informed as to the alternatives to abortion, to the nature of the abortion procedure and its risks, and the physical, emotional, and social consequences of either abortion or bringing the pregnancy to term. The Alabama Court of Civil Appeals has suggested that the information about the risks and options should be targeted to an individual’s specific circumstances. See In re Anonymous, 650 So.2d 923, 925 (Ala.Civ. App.1994). But the courts are also careful to ensure that the minor understands that information, and has assimilated it in a mature way. To this end, they have inquired into how a minor might respond to certain contingencies, particularly assessing whether the minor will seek counseling in the event of physical or emotional complications. Many courts have assessed the minor’s school performance and activities, as well as the minor’s future and present life plans. A few courts have explicitly assessed the minor’s character and judgment directly. Most of the decisions have also considered the minor’s job experience and experience handling finances, particularly assessing whether the minor is aware of the financial obligations inherent in raising a child. Almost all courts conduct the maturity inquiry, either explicitly or implicitly, against the background circumstances of the minor’s experience. These include the minor’s relationship with her parents, whether she has social and emotional support, particularly from the male who would be a father, and other relevant life experiences. VI We conclude that a trial court should take into account the totality of circumstances the minor presents in determining whether she is mature and sufficiently well informed. In order to establish that she is sufficiently well informed, the minor must make, at a minimum, three showings. First, she must show that she has obtained information from a health-care provider about the health risks associated with an abortion and that she understands those risks. That would include an understanding of the risks associated with the particular stage of the minor’s pregnancy. Second, she must show that she understands the alternatives to abortion and their implications. As with any medical procedure, part of making an informed decision is knowing the available alternatives. A minor should be able to demonstrate that she has given thoughtful consideration to her alternatives, including adoption and keeping the child. She should also understand that the law requires the father to assist in the financial support of the child. See Tex. Fam.Code § 154.001; see also Tex. Const, art. XVI, § 28 (garnishment of wages for court-ordered child support payments). She should not be required to justify why she prefers abortion above other options, only that she is fully apprised of her options. Third, she must show that she is also aware of the emotional and psychological aspects of undergoing an abortion, which can be significant if not severe for some women. She must also show that she has considered how this decision might affect her family relations. Although the minor need not obtain this information from licensed, professional counselors, she must show that she has received information about these risks from reliable and informed sources, so that she is aware of and has considered these aspects of the abortion procedure. While a minor must demonstrate a knowledge and appreciation of the various considerations involved in her decision, she should not be required to obtain information or other services from any particular provider. Nor should she be required to meet with or review materials that advocacy or religious groups provide. The inquiry is whether she has obtained information on the relevant considerations from reliable sources of her choosing that enable her to make a thoughtful and informed decision. A determination of maturity necessarily involves more trial court discretion. However, if a court determines that a minor has not demonstrated that she is mature enough to make a decision to undergo an abortion, then the court should make specific findings concerning its determination so that there can be meaningful review on appeal. Similarly, if a court concludes that a minor is not credible in some respect that directly relates to its determination of maturity, the court should make specific findings in that regard as well. A minor who can show that she is sufficiently well informed may also establish in the process that she is mature. In making a determination of maturity, there are, however, some criteria that should not be relied upon as conclusively showing immaturity. The United States Supreme Court has said that one of those is the fact, standing alone, that the pregnant female is a minor. That Court has also admonished that states and courts “may not make a blanket determination that all minors ... are too immature to make this decision or that an abortion never may be in the minor’s best interests without parental approval.” Akron I, 462 U.S. at 440, 103 S.Ct. 2481. A child’s age, educational background or grades in school, while indicative of some level of maturity, are not conclusive on the issue of maturity. Nor is participation in extra-curricular activities. It should also go without saying that a minor’s socio-economic status should not bear on the decision. VII As discussed earlier in this opinion, the standard of review is legal sufficiency. Thus, unless Jane Doe has shown as a matter of law that she is mature and sufficiently well informed, we would ordinarily affirm the judgment of the court of appeals. After reviewing this record, we conclude that she has not established as a matter of law that she is sufficiently well informed to make the decision to have an abortion performed without notifying her parents. But because this is a matter of first impression, in the interests of justice, we remand to the trial court for further hearing and consideration. CONCLUSION For the reasons we have discussed, we reverse the judgment of the court of appeals and remand this case to the trial court for further hearing and consideration. We have already indicated the time stricture within which further proceedings in the trial court must be concluded. Importantly, the court should schedule its proceedings with the additional consideration that it must maintain the minor’s confidentiality. Section 33.003 allows the trial court to give proceedings of this type “precedence over other pending matters to the extent necessary to assure that the court reaches a decision promptly.” Tex. Fam.Code § 38.003(h). Justice ENOCH filed a concurring opinion, in which Justice BAKER, Justice HANKINSON, and Justice O’NEILL join. Justice OWEN filed a concurring opinion, in which Chief Justice PHILLIPS joined as to Parts I and III. Justice HECHT filed a dissenting opinion, in which Justice ABBOTT joins. . Justice Enoch’s concurrence argues that the proper standard of review is abuse of discretion. Much of his argument is based on the premise that the facts will be undisputed. Although the hearing is unopposed, the testimony presented by the minor may be inconsistent, either on direct or after the trial court has posed questions. Therefore, rather than simply applying the law to undisputed facts, the trial court must weigh all the evidence before it, including demeanor and credibility, to determine if the minor, by a preponderance of the evidence, has demonstrated that she is mature and sufficiently well informed. . See Ark.Code Ann. § 20-16-804(1)(A)(Michie 1999); Colo.Rev.Stat. Ann. § 12-37.5-107(2)(a)(1999); Fla. Stat. §§ 390.01115(3)(a) & (4)(c)(1999); Ga.Code Ann. § 15 — 11— 114(c)(1999); 750 III. Comp. Stat. 70/25-25(d) (West 1999); Kan. Stat. Ann. §§ 65-6705(a) & (d) (1998); Md.Code Ann., Health §§ 20-103(a) & (c) (1991); Minn.Stat. § 144.343(6) (1998); Mont.Code Ann. §§ 50-20-212(4) & (5) (1999); Neb.Rev.Stat. § 71-6903(1) (1999); Nev.Rev.Stat. § 442.255(2) (1997); N.J. Stat. Ann. § 9:17A-1.7(d) (West 1999); Ohio Rev. Code Ann. §§ 2151.85(A)(4) & (C)(1) (Banks-Baldwin 1999); S.D. Codified Laws §§ 34-23A-7(3) & 34-23A-7.1 (Michie 1999); Va. Code Ann. § 16.1-241(V) (Michie 1999); W. Va.Code § 16-2F-4(f) (1999); Wm Stat. Ann. § 35-6-118(b)(v)(B) (Michie 1999). . Although Texas Parental Notification Rule 3.3(b) does not allow a court of appeals to remand, the rules are silent regarding this Court. Consequently, we are not prohibited from remanding.
Justice ENOCH, joined by Justice BAKER, Justice HANKINSON, and Justice O’NEILL, concurring. I join parts I, II, IV, V, and VI of the Court’s opinion, and I join the Court’s judgment remanding this appeal in the interests of justice. I disagree with parts III and VII for two reasons. One, I believe the standard of review on appeal in a proceeding under the parental notification act should be abuse of discretion, not factual or legal sufficiency. And two, I emphasize that in a proceeding under the parental notification act, our disposition today, remand, is inappropriate except in extraordinary circumstances. Because today we are construing the parental notification act for the first time, and because I agree it is in the interests of justice to give Jane Doe an opportunity to meet the statutory standard as the Court has construed it, I conclude this case presents exceptional circumstances warranting a remand. I join the Court’s construction of the statutory phrase “mature and sufficiently well-informed to make the decision to have an abortion performed without notification to either of her parents.” But I do not agree that the standard of review for appellate review of a trial court’s decision that a minor is not matee or sufficiently well informed is factual and legal sufficiency. Because of the nature of the unusual proceedings contemplated under sections 33.003 and 33.004 of the Family Code, I would conclude that the appropriate standard of review is abuse of discretion. Unlike virtually any other judicial proceeding I am aware of, this proceeding is not only “non-adversarial,” but notice to the very persons (besides the minor) likely to have the most interest in the outcome of the hearing — the parents who stand not to be notified of their minor child’s decision— is prohibited. And the secrecy of the proceeding assures that the hearing will be entirely one-sided. Because of the nature of this proceeding, then, all the evidence in the record will be undisputed. But the standard the Legislature chose for trial courts to apply in determining whether a minor is “mature and sufficiently well informed” — -preponderance of the evidence — is typically associated with weighing conflicting evidence after an adversarial proceeding. Thus, we have an anomalous situation — the Legislature directs that the minor must demonstrate by a preponderance of the evidence (which generally means more likely than not) that she is mature and sufficiently well-informed, yet because the minor is the only party presenting evidence on these elements, there is no other evidence against which to weigh it to see if it is more likely than not. A preponderance standard for trial court hearings cannot establish the standard of review on appeal, precisely because of the unique, unopposed nature of the proceedings. Since the hearing in the trial court is not adversarial and no weighing of disputed evidence can occur, there is no basis for appellate courts to defer to the trial courts’ fact-finding function, as we would in any other ordinary appeal. In other words, unless the evidence in the record raises a question about the minor’s credibility, the trial court is not free to simply disregard the undisputed facts provided by the minor. Whether those undisputed facts demonstrate that the minor is “mature and sufficiently well informed to make the decision to have an abortion” is a legal question. And as we have said before, trial courts have no discretion in determining what the law is or in applying the law to the facts. Thus, in these unique, non-adversarial, parental notification proceedings, I would hold that Texas appellate courts must review a trial court’s decision under an abuse of discretion standard. That is, did the trial court correctly apply the law to the undisputed facts in the record? Moreover, again because of the unusual nature of the proceedings, I believe this Court should review the trial court’s decision, rather than the court of appeals’ ruling, for abuse of discretion because a case under the parental notification statute reaches us only when the court of appeals has affirmed the trial court’s denial of a minor’s application for waiver of parental notice. Thus, the focus in this Court should remain on whether the trial court misapplied the law to the undisputed facts. An abuse of discretion standard would not diminish the trial court’s role under the statute. It remains the trial court’s role to determine the witness’s credibility, as the trial court hears the minor’s testimony in person and is in the best position to assess the minor’s credibility. But the trial court’s discretion to make credibility determinations should not be unfettered. The trial court cannot simply disregard the minor’s uncontested testimony. To decide otherwise — that a trial court is free to disregard the undisputed evidence despite no question of veracity — would put the trial court’s legal decision beyond review. Consequently, whether the trial court can disregard the undisputed evidence should depend on whether the record before the court raises a significant, legitimate question about the minor’s veracity. As mentioned, the parental notification statute prohibits not only general notice of the proceeding, but specific notice to the very people who likely would have the greatest interest in the minor’s application — her parents. It appears to me, therefore, that the Legislature intended for these proceedings to be unopposed in all circumstances. That means that the Legislature did not intend for the trial courts to assume the role of an opposing party and reject the undisputed evidence in the absence of a reasonable, factual basis to question the minor’s credibility. Under similar circumstances, other courts have also concluded that the trial court may not simply choose to discredit the evidence offered by the minor unless it is “improbable or unreasonable or is shown to be untrustworthy.” In the case before us, for example, if the record revealed that, despite her testimony that she had conducted Internet research, Doe did not have access to a computer, the record itself would raise a significant, legitimate question about her veracity. (Of course, no such questions appear in this record.) Furthermore, I note that throughout the Family Code a trial court makes decisions bearing on the best interests of a child. And appellate courts review those decisions under an abuse of discretion standard. This fact strengthens my conviction that an abuse of discretion standard should apply here. In this case, the best interests of the child is the subject of two of the three inquiries that the statute sets forth. The same level of review should apply to the trial court’s decisions regardless of the provision under review. But the Court would apply a different level of review to the trial court’s decision relating to maturity and adequacy of information. This cannot but lead to confusion and inconsistency. Nonetheless, having concluded that the standard of review should be abuse of discretion, I cannot say that the trial court in this case demonstrably acted “without regard to guiding legal principles.” The primary reason for this is that we have not before had the opportunity to provide guiding legal principles. That this trial court may not have properly comprehended what the Legislature meant by the phrase “mature and sufficiently well informed” does not equate to an abuse of discretion in this instance, where no published appellate decision existed to guide the trial court. Thus, this case presents just such an exceptional circumstance and a remand in the interest of justice is warranted. But now that this Court has announced the guiding legal principles, trial courts are not free to disregard those principles and substitute their own for determining whether a minor demonstrates that she is mature and sufficiently well informed to make this most difficult of decisions. And while the possibility exists that other exceptional circumstances in some future situation might also warrant a remand, I emphasize that such a result is contemplated neither by the statute nor by our rules. The time-sensitive nature of the proceedings and the constitutional implications of the specter of protracted hearings and appeals counsel very strongly against remand as an appellate disposition. And our rules expressly preclude a court of appeals from remanding. But here, where the minor has presented a record that demonstrates a high level of maturity, and where neither the minor nor the trial court had the benefit of guidance from this (or any other appellate decision) on the meaning of the phrase “mature and sufficiently well informed,” I believe that it is in the best interest of justice to allow the minor the opportunity to meet the test the Court elaborates today for waiver under the act of notification to her parents to consent to the procedure. Thus, I join the Court’s judgment. . Tex. Fam.Code § 33.003(1). . Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). . See, e.g., Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex.1985). . See Tex. Fam.Code § 33.003(k). . In the Matter of the Petition of Jane Doe, 19 Kan.App.2d 204, 866 P.2d 1069, 1074 (1994). . See Gillespie v. Gillespie, 644 S.W.2d 449, 451 (Tex.1982); Green v. Rending, 608 S.W.2d 905, 908 (Tex.1980). . Bocquetv. Herring, 972 S.W.2d 19, 21 (Tex.1998). . See Tex.R.App. P. 60.3. . See Tex. Fam.Code § 33.004(b). . See Tex Parental Notification Rules & Forms 3.3(b). . See id. ("The court of appeals ... must issue a judgment affirming or reversing the trial court’s order denying the application. If the court of appeals reverses the trial court order, it must also state in its judgment that the application is granted.”).
Justice OWEN, joined by Chief Justice PHILLIPS as to Parts I and III, concurring. I join in the Court’s judgment reversing the court of appeals and remanding this matter to the trial court for further proceedings, but I cannot join the opinion of the Court in parts IV-VII. The Court refuses to give full effect to the statutory mandate that before a minor can obtain authorization to proceed with an abortion without notifying one of her parents, she must be “mature and sufficiently well informed to make the decision.” Tex. Fam. Code § 33.003®. The Court’s interpretation of “sufficiently well informed” falls short of what the Legislature had in mind. Most minors will, with the assistance of counsel, be able to meet the requirements set by the Court, which are minimal. The plain language of the Family Code and its historical backdrop require a more substantive showing. I The history of how and why the bypass procedure in section 33.003 of the Family Code came to be sheds light on how it should be construed. Over twenty years ago, the United States Supreme Court handed down two landmark decisions dealing with minors and abortion. See Planned Parenthood of Central Mo. v. Danforth, 428 U.S. 52, 96 S.Ct. 2831, 49 L.Ed.2d 788 (1976); Bellotti v. Baird, 428 U.S. 132, 96 S.Ct. 2857, 49 L.Ed.2d 844 (1976) (Bellotti I) (issued the same day as Danforth). In Danforth, the Supreme Court held for the first time that a parent does not have an absolute “veto” over the decision of a minor to terminate her pregnancy: [T]he State may not impose a blanket provision ... requiring the consent of a parent ... as a condition for abortion of an unmarried minor.... [T]he State does not have the constitutional authority to give a third party an absolute, and possibly arbitrary, veto over the decision of the physician and his patient to terminate the patient’s pregnancy, regardless of the reason for withholding consent. Danforth, 428 U.S. at 74, 96 S.Ct. 2831. The Court further concluded that “[a]ny independent interest the parent may have in the termination of the minor daughter’s pregnancy is no more weighty than the right of privacy of the competent minor mature enough to have become pregnant.” Id. at 75, 96 S.Ct. 2831. In so holding, the Supreme Court said that it did not mean to suggest that “every minor, regardless of age or maturity, may give effective consent for termination of her pregnancy.” Id. at 75, 96 S.Ct. 2831. Consistent with that statement, the Court registered its concern that there are “unquestionably greater risks of inability to give an informed consent” for a minor. See Bellotti I, 428 U.S. at 147, 96 S.Ct. 2857. The Court suggested that a statute requiring parental consent before a minor could obtain an abortion might be constitutional if there were also a provision that allowed the minor to go to court to obtain consent. Id. In Bellotti II, a plurality of the Supreme Court adopted what the Court had previously suggested in Bellotti I by holding that parental consent statutes would not pass constitutional muster unless the State provided an alternative procedure in which a minor could receive authorization for an abortion. See Bellotti v. Baird, 443 U.S. 622, 646-47, 99 S.Ct. 3035, 61 L.Ed.2d 797 (1979) (plurality opinion) (Bellotti II). The Bellotti II plurality concluded that a minor must be permitted an opportunity to show “either: (1) that she is mature enough and well enough informed to make her abortion decision, in consultation with her physician, independently of her parents’ wishes; or (2) that even if she is not able to make this decision independently, the desired abortion would be in her best interests.” Id. at 643-44, 99 S.Ct. 3035. With regard to the determination of maturity, Bellotti II stated that “the peculiar nature of the abortion decision requires the opportunity for case-by-case evaluations of the maturity of pregnant minors.” Id. at 643 n. 23, 99 S.Ct. 3035. The Bellotti II plurality also concluded that a parental bypass proceeding must maintain the anonymity of the minor and must be completed with “sufficient expedition to provide an effective opportunity for an abortion to be obtained.” Id. at 644, 99 S.Ct. 3035. A majority of the United States Supreme Court has subsequently approved the Bellotti II parental bypass requirements. See City of Akron v. Akron Ctr. for Reprod. Health, Inc., 462 U.S. 416, 439-42, 103 S.Ct. 2481, 76 L.Ed.2d 687 (1983) {Akron I) (holding parental consent statute unconstitutional in light of Bellotti II); Ohio v. Akron Ctr. for Reprod. Health, 497 U.S. 502, 510-13, 110 S.Ct. 2972, 111 L.Ed.2d 405 (1990) (Akron II) (declining to decide whether parental bypass was constitutionally required in a notification rather than a consent statute, but applying Bellotti II requirements). A question specifically left open in United States Supreme Court decisions is whether the parental bypass procedure set forth above is constitutionally mandated when a statute requires only that a parent be notified that the minor is about to undergo an abortion as opposed to a statute that requires parental consent. See, e.g., Lambert v. Wicklund, 520 U.S. 292, 295, 117 S.Ct. 1169, 137 L.Ed.2d 464 (1997) (per curiam); Akron II, 497 U.S. at 510, 110 S.Ct. 2972. Nevertheless, there is reasoning in Bellotti II that would suggest that the United States Supreme Court might hold that bypass procedures are necessary in notification statutes. The statute under consideration in Bellotti II required that a parent be notified when a minor brought judicial proceedings to obtain consent. See 443 U.S. at 646, 99 S.Ct. 3035. The Supreme Court struck down this provision, observing “ ‘there are parents who would obstruct, and perhaps altogether prevent, the minor’s right to go to court.’ ” Id. at 647, 99 S.Ct. 3035 (quoting the district court). The Court continued, stating that every minor must have the opportunity to go to court without first notifying a parent: [M]any parents hold strong views on the subject of abortion, and young pregnant minors, especially those living at home, are particularly vulnerable to their parents’ efforts to obstruct both an abortion and their access to court. It would be unrealistic, therefore, to assume that the mere existence of a legal right to seek relief in superior court provides an effective avenue of relief for some of those who need it the most. [EJvery minor must have the opportunity — if sfee so desires — to go directly to a court without first consulting or notifying her parents. If she satisfies the court that she is mature and well enough informed to make intelligently the abortion decision on her own, the court must authorize her to act without parental consultation or consent. Id. (plurality opinion) (emphasis added). Undoubtedly cognizant of these holdings and admonitions of the United States Supreme Court, the Texas Legislature enacted amendments to the Family Code that require parental notification before a minor may obtain an abortion, but the Legislature also included a bypass provision. See Tex. Fam.Code §§ 33.002, 33.003. The bypass procedures substantially track those set forth in Bellotti II. See id. § 33.003. A minor may apply to a court for an order authorizing her to consent to an abortion without notification of a parent or guardian. See id. The trial court may not authorize a minor to consent to an abortion unless it determines by a preponderance of the evidence whether the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents or a managing conservator or guardian, whether notification would not be in the best interest of the minor, or whether notification may lead to physical, sexual, or emotional abuse of the minor. Id. § 33.003®. II The bypass procedure in section 33.003 does not mean, however, that the Legislature intended for a minor to proceed with an abortion based on a minimal showing. The Legislature has required that the minor be mature and sufficiently well informed to make the decision. In determining what the Legislature meant by those terms, it again must be borne in mind that decisions of the United States Supreme Court have dominated abortion law. There is a substantial body of law from that Court regarding what a state may and may not require to demonstrate a woman’s informed consent to an abortion. That law should guide interpretation of section 33.003. Given the context in which section 33.003 of the Family Code was enacted, I can only conclude that the Legislature intended to require minors to be informed about the decision to have an abortion to the full extent that the law, as interpreted by the United States Supreme Court, will allow. Accordingly, I turn to what the United States Supreme Court has said regarding informed consent and what states may require. Ill The United States Supreme Court has made it clear that when a woman is making a decision about abortion, particularly when she is a minor, a state can require consideration of factors in addition to the physical risks of the procedure. Those include recognition that there are profound philosophic arguments surrounding abortion, consideration of the impact that the procedure will have on the fetus, an understanding that there may be an emotional and psychological impact following an abortion and later in life, and consideration of how the decision to obtain an abortion may impact present and future familial relationships. With regard to the philosophic aspects of the abortion decision, a majority of the Court observed in Akron II that: A free and enlightened society may decide that each of its members should attain a clearer, more tolerant understanding of the profound philosophic choices confronted by a woman who is considering whether to seek an abortion. Her decision will embrace her own destiny and personal dignity, and the origins of the other human life that lie within the embryo. Akron II, 497 U.S. at 520, 110 S.Ct. 2972. Other members of the Supreme Court again acknowledged the philosophic and social aspects of the abortion decision in Planned Parenthood v. Casey, 505 U.S. 833, 872, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992) (plurality opinion). They further acknowledged that when an adult woman is considering whether to have an abortion, a state may take steps to ensure that the decision is thoughtful and informed: Though the woman has a right to choose to terminate or continue her pregnancy before viability, it does not at all follow that the State is prohibited from taking steps to ensure that this choice is thoughtful and informed. Even in the earliest stages of pregnancy, the State may enact rules and regulations designed to encourage her to know that there are philosophic and social arguments of great weight that can be brought to bear in favor of continuing the pregnancy to full term and that there are procedures and institutions to allow adoption of unwanted children as well as a certain degree of state assistance if the mother chooses to raise the child herself. “ ‘[T]he Constitution does not forbid a State or city, pursuant to democratic processes, from expressing a preference for normal childbirth.’ ” It follows that States are free to enact laws to provide a reasonable framework for a woman to make a decision that has such profound and lasting meaning. This, too, we find consistent with Roe ⅛ central premises, and indeed the inevitable consequence of our holding that the State has an interest in protecting the life of the unborn. Id. at 872-73, 112 S.Ct. 2791 (citation omitted) (emphasis added). In Casey, the Chief Justice, joined by three other Justices, agreed with the plurality that the informed consent provisions at issue did not unduly burden the abortion decision. See id. at 969, 112 S.Ct. 2791 (Rehnquist, C.J., concurring in the judgment in part and dissenting in part). In the Chief Justice’s separate opinion, the concurring Justices observed that a state “has an interest in preserving unborn life,” and that it may take steps to ensure “that a woman’s decision to abort is a well-considered one, and reasonably furthers the State’s legitimate interest in maternal health and in the unborn life of the fetus.” Id. The Chief Justice’s opinion further concluded that a 24-hour waiting period designed to give a woman time to reflect on her decision “ ‘is surely a small cost to impose to ensure that the woman’s decision is well considered in light of its certain and irreparable consequences on fetal life, and the possible effects on her own.’ ” Id. at 969-70, 112 S.Ct. 2791 (quoting Akron I, 462 U.S. at 474, 103 S.Ct. 2481 (O’Connor, J., dissenting)). Initially, the Supreme Court had struck down as unconstitutional statutes that were fairly specific in their requirements for informed consent to an abortion. See Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 759-65, 106 S.Ct. 2169, 90 L.Ed.2d 779 (1986); Akron I, 462 U.S. at 442-45, 103 S.Ct. 2481. However, in Casey, a majority of the Justices overruled Thornburgh and Akron I, at least in part. See Casey, 505 U.S. at 881-87, 112 S.Ct. 2791 (plurality opinion); id. at 966-69, 112 S.Ct. 2791 (Rehnquist, C.J., concurring in the judgment in part and dissenting in part). Although the constitutional limits on what a state may require for informed consent are not entirely clear after the Supreme Court’s decision in Casey, it is clear that a state may require a “thoughtful and informed” decision that encourages a woman to consider that there are “philosophic and social arguments of great weight that can be brought to bear.” Casey, 505 U.S. at 872, 112 S.Ct. 2791 (plurality opinion); see also Akron II, 497 U.S. at 520, 110 S.Ct. 2972. With regard to the emotional and psychological consequences of an abortion for a minor, a majority of the Supreme Court in Akron II said: “ ‘The medical, emotional, and psychological consequences of an abortion are serious and can be lasting; this is particularly so when the patient is immature.’ ” Akron II, 497 U.S. at 519, 110 S.Ct. 2972 (quoting H.L. v. Matheson, 450 U.S. 398, 411, 101 S.Ct. 1164, 67 L.Ed.2d 388 (1981)). IV Today, this Court refuses to acknowledge the foregoing body of law or the likelihood that our Legislature relied on it when it said that a minor must be “sufficiently well informed to make the decision to have an abortion.” The Court chooses to ignore that the Legislature intended section 33.003 to encompass factors other than physical risk to the pregnant minor and alternatives to abortion. The Legislature did not intend for the “mature and sufficiently well informed requirement” of section 33.003 to have as limited a focus as the Court ascribes to it. I would hold that a minor must demonstrate more. The Court properly requires a minor to consult a health-care provider about the general risks of an abortion. But that is insufficient. There may be risks that are heightened for or unique to an individual. A minor cannot make a sufficiently well-informed decision about an abortion if she does not know the risks to her of that procedure. In this regard, the Family Code expressly allows a pregnant, unmarried minor to consent to medical treatment by a physician, short of an abortion itself. See Tex. Fam.Code § 32.003(a)(4). The Court recognizes that just as there are physical risks associated with an abortion, there are emotional and psychological consequences, which can be significant for some women. But the Court’s treatment of this aspect of the abortion decision— one of the most important considerations — is superficial. I would require a minor to demonstrate that she has sought and obtained meaningful counseling from a qualified source about the emotional and psychological impact she may experience now and later in her life as a result of having an abortion. She should be able to demonstrate to a court that she understands that some women have experienced severe remorse and regret. She should also indicate to the court that she is aware of and has considered that there are philosophic, social, moral, and religious arguments that can be brought to bear when considering abortion. See generally Casey, 505 U.S. at 872, 112 S.Ct. 2791 (plurality opinion). A court cannot, of course, require a minor to adopt or adhere to any particular philosophy or to profess any religious beliefs. But requiring a minor to exhibit an awareness that there are issues, including religious ones, surrounding the abortion decision is not prohibited by the Establishment Clause. Cf. Lemon v. Kurtzman, 408 U.S. 602, 612-13, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971) (holding that a statute must have a secular legislative purpose, that its principal or primary effect must be one that neither advances nor inhibits religion, and that it must not foster an excessive government entanglement with religion). The State’s statutorily expressed interest in section 33.008 is to ensure a well-informed decision, which includes a mature understanding of all issues surrounding the decision to have an abortion. An informed appreciation of the emotional and psychological aspects of terminating a pregnancy includes an understanding of the impact the procedure will have on the fetus. As Justices O’Connor, Kennedy, and Souter observed in Casey, failure to obtain a full understanding of this aspect of the procedure can lead to “devastating psychological consequences” afterwards: Nor can it be doubted that most women considering a abortion would deem the impact on the fetus relevant, if not dis-positive, to the decision. In attempting to ensure that a woman apprehend the full consequences of her decision, the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed. Casey, 505 U.S. at 882, 112 S.Ct. 2791. In this same vein, these Justices explained, “[I]n order for there to be informed consent to a kidney transplant operation the recipient must be supplied with information about risks to the donor as well as risks to himself or herself.” Id. at 883, 112 S.Ct. 2791. No less should be required for an abortion. The Court today gives a nod to the fact that a decision to have an abortion may impact relationships with family members. I would require a minor to demonstrate that she has thoughtfully considered the potential impact on her relationships with her parents and other family members if they learn now or sometime in the future that she has had an abortion. She should also exhibit some consideration of how this decision may impact her future relationships, such as those she may have with a husband or future children. A minor should also have considered the impact that continuing her pregnancy would or might have on these relationships. While a minor must demonstrate a knowledge and appreciation of the various considerations involved in her decision, I agree with the Court that she should not be required to obtain counseling or other services from a particular provider. The internet should not, however, suffice. Nor should advice from laypersons who are not specifically trained and experienced in counseling pregnant minors suffice. The “State’s interest is in ensuring that the woman’s consent is informed and unpres-sured; the critical factor is whether she obtains the necessary information and counseling from a qualified person, not the identity of the person from whom she obtains it.” Akron II, 497 U.S. at 518, 110 S.Ct. 2972. I note, however, that a majority of the Supreme Court has observed that “ ‘[i]t seems unlikely that [a minor] will obtain adequate counsel and support from the attending physician at an abortion clinic, where abortions for pregnant minors frequently take place.’ ” H.L. v. Matheson, 450 U.S. 398, 410, 101 S.Ct. 1164, 67 L.Ed.2d 388 (1981) (quoting Planned Parenthood v. Danforth, 428 U.S. 52, 91, 96 S.Ct. 2831, 49 L.Ed.2d 788 (1976) (concurring opinion)). By the same token, it seems unlikely that a minor would obtain all the information necessary for a well-informed decision about proceeding with an abortion, such as medical information, solely from a religious organization or an advocacy group. V I agree with the Court that Jane Doe has not established as a matter of law that she is sufficiently well informed to make the decision to have an abortion performed without notification of one of her parents. With regard to the emotional and psychological consequences of an abortion, Jane Doe testified that she understood that there “is some emotional factor that can distress you and there is a slight risk of infection, not much.” When asked if she anticipated seeking additional counseling if she were authorized by the Court to consent to an abortion, she said, “I haven’t thought about it, but I think I do not need further counseling. I feel that my decision, and [sic] once it is followed through, would be fíne. I am aware of it.” She also testified that she had talked with an adult relative who had an abortion as a minor. That relative told Jane Doe that she has not regretted her decision. Jane Doe had also talked to two of her friends who had become pregnant as minors and were raising their respective children. One was of college age and told Jane Doe that “she really wishes that she hasn’t [sic] had her child.” This friend is currently unable to attend college or to support herself and her child, and she intends to move back in with her parents. Jane Doe’s other friend is fifteen and has married the father of her child. Jane Doe perceives that they are having “a very hard life,” and her friend told her that “they wish they could take it back.” Jane Doe also talked to a friend who has had an abortion. That friend told her that her own decision to have an abortion was “a good thing” and that she does not regret it. The fact that Jane Doe has sought advice from friends and family indicates that she is seeking information as a mature person would do. Minors in Jane Doe’s position should not be discouraged from asking for counsel and sup