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House Study Bill 136 - IntroducedA Bill ForAn Act 1relating to the release of custody of a newborn infant
2under the newborn safe haven Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 233.1, Code 2023, is amended to read as
2follows:
3233.1 Newborn safe haven Act — definitions.
41. This chapter may be cited as the “Newborn Safe Haven
5Act”.
62. For the purposes of this chapter, unless the context
7otherwise requires:
8a. “Emergency medical care provider location” means the
9physical business location of an emergency medical care
10provider.
11b. “Fire department” means a paid or volunteer fire
12protection service provided by a benefited fire district under
13chapter 357B or by a county, municipality or township, or a
14private corporate organization that has a valid contract to
15provide fire protection service for a benefited fire district,
16county, municipality, township, or governmental agency.
17c. “Fire station” means the physical business location of
18a fire department.
19a. d. “First responder” means an emergency medical care
20provider as defined in section 147A.1, a registered nurse
21staffing an authorized service program under section 147A.12,
22a physician assistant staffing an authorized service program
23under section 147A.13, a fire fighter, or a peace officer as
24defined in section 801.4.
25b. e. “Institutional health facility” means a hospital
26as defined in section 135B.1, including a facility providing
27medical or health services that is open twenty-four hours per
28day, seven days per week, and is including a hospital emergency
29room or a health care facility as defined in section 135C.1.
30c. f. “Newborn infant” means a child who is, or who appears
31to be, ninety days of age or younger.
32g. “Newborn safety device” means a padded and
33climate-controlled receptacle that meets one of the following
34requirements:
35(1) If the receptacle is located at a hospital, the
-1-1receptacle is conspicuous and visible to hospital staff.
2(2) If the receptacle is located at a fire station or an
3emergency medical care provider location:
4(a) The fire station or emergency medical care provider
5location is staffed by a first responder twenty-four hours per
6day, seven days per week, notwithstanding the time staff is
7dispatched for an emergency.
8(b) The receptacle is located in an area that is conspicuous
9and visible to staff, or the receptacle is located in an area
10that is not visible to staff but is equipped with a motion
11sensor and a dual alarm system. The dual alarm system shall
12be programmed to sound first when the receptacle is opened,
13immediately placing a telephone call to a 911 service and
14dispatching an emergency medical care provider or a fire
15fighter to the location of the receptacle, and to sound a
16second time, immediately placing a telephone call to a 911
17service after movement is detected inside the receptacle.
18 Sec. 2. Section 233.2, Code 2023, is amended to read as
19follows:
20233.2 Newborn infant custody release procedures.
211. a. A parent of a newborn infant may voluntarily release
22custody of the newborn infant by as follows:
23(1) Byrelinquishing physical custody of the newborn
24infant, without expressing an intent to again assume physical
25custody, at an institutional health facility or a fire station,
26 or by authorizing another person to relinquish physical custody
27on the parent’s behalf. If physical custody of the newborn
28infant is not relinquished directly to an individual on duty
29at the an institutional health facility or a fire station, the
30parent may take other actions to be reasonably sure that an
31individual on duty is aware that the newborn infant has been
32left at the institutional health facility or fire station. The
33actions may include but are not limited to making telephone
34contact with the institutional health facility or fire station,
35 or a 911 service.
-2- 1(2) By relinquishing physical custody of the newborn infant
2to medical staff at a hospital or other facility following
3delivery of the newborn infant in the hospital or other
4facility when the parent notifies the medical staff that the
5parent is voluntarily relinquishing physical custody of the
6newborn infant without expressing an intent to again assume
7physical custody.
8(3) By relinquishing physical custody of the newborn infant
9at a hospital, a fire station, or an emergency medical care
10provider location, through a newborn safety device, without
11expressing an intent to again assume physical custody.
12b. In lieu of the procedure described in paragraph “a”,
13a parent of a newborn infant may make telephone contact with
14a 911 service and relinquish physical custody of the newborn
15infant, without expressing an intent to again assume physical
16custody, to a first responder who responds to the 911 telephone
17call.
18c. For the purposes of this chapter and for any judicial
19proceedings associated with the newborn infant, a rebuttable
20presumption arises that the person who relinquishes physical
21custody at an institutional health facility or to a first
22responder in accordance with this section is the newborn
23infant’s parent or has relinquished physical custody with the
24parent’s authorization.
252. a. Unless the parent or other person relinquishing
26physical custody of a newborn infant clearly expresses an
27intent to return to again assume physical custody of the
28newborn infant, an individual on duty or medical staff, as
29applicable, at the institutional health facility, emergency
30medical care provider location, or fire station at which
31physical custody of the newborn infant was relinquished, or a
32first responder to whom physical custody of the newborn infant
33was relinquished, pursuant to subsection 1 shall take physical
34custody of the newborn infant. The individual on duty or first
35responder who takes physical custody of the newborn infant may
-3-1request the parent or other person to provide the name of the
2parent or parents and information on the medical history of
3the newborn infant and the newborn infant’s parent or parents.
4However, the parent or other person is not required to provide
5the names or medical history information to comply with this
6section. The individual on duty or first responder who takes
7custody of the newborn infant may perform reasonable acts
8necessary to protect the physical health or safety of the
9newborn infant. The individual on duty and who takes custody
10of the newborn infant, the institutional health facility in,
11the emergency medical care provider location, or the fire
12station at which the individual was on duty took custody of
13the newborn infant, and the first responder are immune from
14criminal or civil liability for any acts or omissions made in
15good faith to comply with this section.
16b. If the physical custody of a newborn infant is
17relinquished at an emergency medical care provider location
18or a fire station, or to a first responder who responded to a
19911 telephone call, the individual who took physical custody
20of the newborn infant or the first responder shall transport
21the newborn infant to the nearest institutional health
22facility. The individual or first responder shall provide any
23parental identification or medical history information to the
24institutional health facility.
25c. If the physical custody of the newborn infant is
26relinquished at an institutional health facility, the state
27shall reimburse the institutional health facility for the
28institutional health facility’s actual expenses in providing
29care to the newborn infant and in performing acts necessary to
30protect the physical health or safety of the newborn infant.
31The reimbursement shall be paid from moneys appropriated for
32this purpose to the department of human services.
33d. If the name of the parent is unknown to the institutional
34health facility, the individual on duty or other person
35designated by the institutional health facility at which
-4-1physical custody of the newborn infant was relinquished shall
2submit the certificate of birth report as required pursuant to
3section 144.14. If the name of the parent is disclosed to the
4institutional health facility, the facility shall submit the
5certificate of birth report as required pursuant to section
6144.13. The department of public health and human services
7 shall not file the certificate of birth with the county of
8birth and shall otherwise maintain the confidentiality of the
9birth certificate in accordance with section 144.43.
103. As soon as possible after the individual on duty or first
11responder assumes physical custody of a newborn infant released
12under subsection 1, the individual or first responder shall
13notify the department of health and human services and the
14department shall take the actions necessary to assume the care,
15control, and custody of the newborn infant. The department
16shall immediately notify the juvenile court and the county
17attorney of the department’s action and the circumstances
18surrounding the action and request an ex parte order from the
19juvenile court ordering, in accordance with the requirements of
20section 232.78, the department to take custody of the newborn
21infant. Upon receiving the order, the department shall take
22custody of the newborn infant. Within twenty-four hours of
23taking custody of the newborn infant, the department shall
24notify the juvenile court and the county attorney in writing
25of the department’s action and the circumstances surrounding
26the action.
274. a. Upon being notified in writing by the department
28under subsection 3, the county attorney shall file a
29petition alleging the newborn infant to be a child in need of
30assistance in accordance with section 232.87 and a petition
31for termination of parental rights with respect to the newborn
32infant in accordance with section 232.111, subsection 2,
33paragraph “a”. A hearing on a child in need of assistance
34petition filed pursuant to this subsection shall be held at
35the earliest practicable time. A hearing on a termination of
-5-1parental rights petition filed pursuant to this subsection
2shall be held no later than thirty days after the day the
3physical custody of the newborn child was relinquished
4in accordance with subsection 1 unless the juvenile court
5continues the hearing beyond the thirty days for good cause
6shown.
7b. Notice of a petition filed pursuant to this subsection
8shall be provided to any known parent and others in accordance
9with the provisions of chapter 232 and shall be served upon any
10putative father registered with the state registrar of vital
11statistics pursuant to section 144.12A. In addition, prior to
12holding a termination of parental rights hearing with respect
13to the newborn infant, notice by publication shall be provided
14as described in section 600A.6, subsection 5.
155. Reasonable efforts, as defined in section 232.102, that
16are made in regard to the newborn infant shall be limited to
17the efforts made in a timely manner to finalize a permanency
18plan for the newborn infant.
196. An individual on duty at an institutional health facility
20 or first responder who assumes custody of a newborn infant upon
21the release of the newborn infant under subsection 1 shall be
22provided notice of any hearing held concerning the newborn
23infant at the same time notice is provided to other parties to
24the hearing and the individual or first responder may provide
25testimony at the hearing.
26 Sec. 3. Section 233.4, Code 2023, is amended to read as
27follows:
28233.4 Rights of parents.
29Either parent of a newborn infant whose custody was released
30in accordance with section 233.2 may intervene in the child
31in need of assistance or termination of parental rights
32proceedings held regarding the newborn infant and request that
33the juvenile court grant custody of the newborn infant to
34the parent. The requester must show by clear and convincing
35evidence including but not limited to by the use of DNA
-6-1profiling as defined in section 81.1 that the requester is the
2parent of the newborn infant. If the court determines that the
3requester is the parent of the newborn infant and that granting
4custody of the newborn infant to the parent is in the newborn
5infant’s best interest, the court shall issue an order granting
6custody of the newborn infant to the parent. In addition to
7such order, the court may order services for the newborn infant
8and the parent as are in the best interest of the newborn
9infant.
10 Sec. 4. Section 233.6, Code 2023, is amended to read as
11follows:
12233.6 Educational and public information.
13The department of health and human services, in consultation
14with the Iowa department of public health and the department of
15justice, shall develop and distribute the following:
161. An information card or other publication for
17distribution by an institutional health facility, an emergency
18medical care provider location, a fire station, or a first
19responder to a parent who releases custody of a newborn infant
20in accordance with this chapter. The publication shall inform
21the parent of a parent’s rights under section 233.4, explain
22the request for medical history information under section
23233.2, subsection 2, and provide other information deemed
24pertinent by the departments.
252. Educational materials, public information announcements,
26and other resources to develop awareness of the availability of
27the newborn safe haven Act among adolescents, young parents,
28and others who might avail themselves of this chapter.
293. Signage that may be used to identify the institutional
30health facilities, emergency medical care provider locations,
31or fire stations, at which physical custody of a newborn infant
32may be relinquished in accordance with this chapter.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill relates to the release of custody of a newborn
2infant under the newborn safe haven Act.
3The bill provides that in addition to current provisions
4that allow a parent of a newborn infant to voluntarily
5relinquish physical custody of the newborn infant directly
6or indirectly at an institutional health facility or to a
7first responder in response to a 911 call, a parent may also
8relinquish physical custody of a newborn directly or indirectly
9at a fire station, by relinquishing physical custody of the
10newborn infant to medical staff of a hospital or other facility
11following delivery of the newborn infant in the hospital or
12other facility when the parent notifies the medical staff that
13the parent is voluntarily relinquishing physical custody of the
14newborn infant; or by relinquishing physical custody of the
15newborn infant at a hospital, fire station, or an emergency
16medical care provider location, through a newborn safety
17device.
18The bill also provides that with regard to the rights of
19parents of the newborn infant, a parent requesting that custody
20of the newborn infant be granted to the parent may use DNA
21profiling to show by clear and convincing evidence that the
22person is the parent of the newborn infant.
23The bill makes conforming changes throughout Code chapter
24233 (newborn safe haven Act) consistent with the changes in the
25bill.
-8-pf/rh
2under the newborn safe haven Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 233.1, Code 2023, is amended to read as
2follows:
3233.1 Newborn safe haven Act — definitions.
41. This chapter may be cited as the “Newborn Safe Haven
5Act”.
62. For the purposes of this chapter, unless the context
7otherwise requires:
8a. “Emergency medical care provider location” means the
9physical business location of an emergency medical care
10provider.
11b. “Fire department” means a paid or volunteer fire
12protection service provided by a benefited fire district under
13chapter 357B or by a county, municipality or township, or a
14private corporate organization that has a valid contract to
15provide fire protection service for a benefited fire district,
16county, municipality, township, or governmental agency.
17c. “Fire station” means the physical business location of
18a fire department.
19a. d. “First responder” means an emergency medical care
20provider as defined in section 147A.1, a registered nurse
21staffing an authorized service program under section 147A.12,
22a physician assistant staffing an authorized service program
23under section 147A.13, a fire fighter, or a peace officer as
24defined in section 801.4.
25b. e. “Institutional health facility” means a hospital
26as defined in section 135B.1, including a facility providing
27medical or health services that is open twenty-four hours per
28day, seven days per week, and is including a hospital emergency
29room or a health care facility as defined in section 135C.1.
30c. f. “Newborn infant” means a child who is, or who appears
31to be, ninety days of age or younger.
32g. “Newborn safety device” means a padded and
33climate-controlled receptacle that meets one of the following
34requirements:
35(1) If the receptacle is located at a hospital, the
-1-1receptacle is conspicuous and visible to hospital staff.
2(2) If the receptacle is located at a fire station or an
3emergency medical care provider location:
4(a) The fire station or emergency medical care provider
5location is staffed by a first responder twenty-four hours per
6day, seven days per week, notwithstanding the time staff is
7dispatched for an emergency.
8(b) The receptacle is located in an area that is conspicuous
9and visible to staff, or the receptacle is located in an area
10that is not visible to staff but is equipped with a motion
11sensor and a dual alarm system. The dual alarm system shall
12be programmed to sound first when the receptacle is opened,
13immediately placing a telephone call to a 911 service and
14dispatching an emergency medical care provider or a fire
15fighter to the location of the receptacle, and to sound a
16second time, immediately placing a telephone call to a 911
17service after movement is detected inside the receptacle.
18 Sec. 2. Section 233.2, Code 2023, is amended to read as
19follows:
20233.2 Newborn infant custody release procedures.
211. a. A parent of a newborn infant may voluntarily release
22custody of the newborn infant by as follows:
23(1) Byrelinquishing physical custody of the newborn
24infant, without expressing an intent to again assume physical
25custody, at an institutional health facility or a fire station,
26 or by authorizing another person to relinquish physical custody
27on the parent’s behalf. If physical custody of the newborn
28infant is not relinquished directly to an individual on duty
29at the an institutional health facility or a fire station, the
30parent may take other actions to be reasonably sure that an
31individual on duty is aware that the newborn infant has been
32left at the institutional health facility or fire station. The
33actions may include but are not limited to making telephone
34contact with the institutional health facility or fire station,
35 or a 911 service.
-2- 1(2) By relinquishing physical custody of the newborn infant
2to medical staff at a hospital or other facility following
3delivery of the newborn infant in the hospital or other
4facility when the parent notifies the medical staff that the
5parent is voluntarily relinquishing physical custody of the
6newborn infant without expressing an intent to again assume
7physical custody.
8(3) By relinquishing physical custody of the newborn infant
9at a hospital, a fire station, or an emergency medical care
10provider location, through a newborn safety device, without
11expressing an intent to again assume physical custody.
12b. In lieu of the procedure described in paragraph “a”,
13a parent of a newborn infant may make telephone contact with
14a 911 service and relinquish physical custody of the newborn
15infant, without expressing an intent to again assume physical
16custody, to a first responder who responds to the 911 telephone
17call.
18c. For the purposes of this chapter and for any judicial
19proceedings associated with the newborn infant, a rebuttable
20presumption arises that the person who relinquishes physical
21custody at an institutional health facility or to a first
22responder in accordance with this section is the newborn
23infant’s parent or has relinquished physical custody with the
24parent’s authorization.
252. a. Unless the parent or other person relinquishing
26physical custody of a newborn infant clearly expresses an
27intent to return to again assume physical custody of the
28newborn infant, an individual on duty or medical staff, as
29applicable, at the institutional health facility, emergency
30medical care provider location, or fire station at which
31physical custody of the newborn infant was relinquished, or a
32first responder to whom physical custody of the newborn infant
33was relinquished, pursuant to subsection 1 shall take physical
34custody of the newborn infant. The individual on duty or first
35responder who takes physical custody of the newborn infant may
-3-1request the parent or other person to provide the name of the
2parent or parents and information on the medical history of
3the newborn infant and the newborn infant’s parent or parents.
4However, the parent or other person is not required to provide
5the names or medical history information to comply with this
6section. The individual on duty or first responder who takes
7custody of the newborn infant may perform reasonable acts
8necessary to protect the physical health or safety of the
9newborn infant. The individual on duty and who takes custody
10of the newborn infant, the institutional health facility in,
11the emergency medical care provider location, or the fire
12station at which the individual was on duty took custody of
13the newborn infant, and the first responder are immune from
14criminal or civil liability for any acts or omissions made in
15good faith to comply with this section.
16b. If the physical custody of a newborn infant is
17relinquished at an emergency medical care provider location
18or a fire station, or to a first responder who responded to a
19911 telephone call, the individual who took physical custody
20of the newborn infant or the first responder shall transport
21the newborn infant to the nearest institutional health
22facility. The individual or first responder shall provide any
23parental identification or medical history information to the
24institutional health facility.
25c. If the physical custody of the newborn infant is
26relinquished at an institutional health facility, the state
27shall reimburse the institutional health facility for the
28institutional health facility’s actual expenses in providing
29care to the newborn infant and in performing acts necessary to
30protect the physical health or safety of the newborn infant.
31The reimbursement shall be paid from moneys appropriated for
32this purpose to the department of human services.
33d. If the name of the parent is unknown to the institutional
34health facility, the individual on duty or other person
35designated by the institutional health facility at which
-4-1physical custody of the newborn infant was relinquished shall
2submit the certificate of birth report as required pursuant to
3section 144.14. If the name of the parent is disclosed to the
4institutional health facility, the facility shall submit the
5certificate of birth report as required pursuant to section
6144.13. The department of public health and human services
7 shall not file the certificate of birth with the county of
8birth and shall otherwise maintain the confidentiality of the
9birth certificate in accordance with section 144.43.
103. As soon as possible after the individual on duty or first
11responder assumes physical custody of a newborn infant released
12under subsection 1, the individual or first responder shall
13notify the department of health and human services and the
14department shall take the actions necessary to assume the care,
15control, and custody of the newborn infant. The department
16shall immediately notify the juvenile court and the county
17attorney of the department’s action and the circumstances
18surrounding the action and request an ex parte order from the
19juvenile court ordering, in accordance with the requirements of
20section 232.78, the department to take custody of the newborn
21infant. Upon receiving the order, the department shall take
22custody of the newborn infant. Within twenty-four hours of
23taking custody of the newborn infant, the department shall
24notify the juvenile court and the county attorney in writing
25of the department’s action and the circumstances surrounding
26the action.
274. a. Upon being notified in writing by the department
28under subsection 3, the county attorney shall file a
29petition alleging the newborn infant to be a child in need of
30assistance in accordance with section 232.87 and a petition
31for termination of parental rights with respect to the newborn
32infant in accordance with section 232.111, subsection 2,
33paragraph “a”. A hearing on a child in need of assistance
34petition filed pursuant to this subsection shall be held at
35the earliest practicable time. A hearing on a termination of
-5-1parental rights petition filed pursuant to this subsection
2shall be held no later than thirty days after the day the
3physical custody of the newborn child was relinquished
4in accordance with subsection 1 unless the juvenile court
5continues the hearing beyond the thirty days for good cause
6shown.
7b. Notice of a petition filed pursuant to this subsection
8shall be provided to any known parent and others in accordance
9with the provisions of chapter 232 and shall be served upon any
10putative father registered with the state registrar of vital
11statistics pursuant to section 144.12A. In addition, prior to
12holding a termination of parental rights hearing with respect
13to the newborn infant, notice by publication shall be provided
14as described in section 600A.6, subsection 5.
155. Reasonable efforts, as defined in section 232.102, that
16are made in regard to the newborn infant shall be limited to
17the efforts made in a timely manner to finalize a permanency
18plan for the newborn infant.
196. An individual on duty at an institutional health facility
20 or first responder who assumes custody of a newborn infant upon
21the release of the newborn infant under subsection 1 shall be
22provided notice of any hearing held concerning the newborn
23infant at the same time notice is provided to other parties to
24the hearing and the individual or first responder may provide
25testimony at the hearing.
26 Sec. 3. Section 233.4, Code 2023, is amended to read as
27follows:
28233.4 Rights of parents.
29Either parent of a newborn infant whose custody was released
30in accordance with section 233.2 may intervene in the child
31in need of assistance or termination of parental rights
32proceedings held regarding the newborn infant and request that
33the juvenile court grant custody of the newborn infant to
34the parent. The requester must show by clear and convincing
35evidence including but not limited to by the use of DNA
-6-1profiling as defined in section 81.1 that the requester is the
2parent of the newborn infant. If the court determines that the
3requester is the parent of the newborn infant and that granting
4custody of the newborn infant to the parent is in the newborn
5infant’s best interest, the court shall issue an order granting
6custody of the newborn infant to the parent. In addition to
7such order, the court may order services for the newborn infant
8and the parent as are in the best interest of the newborn
9infant.
10 Sec. 4. Section 233.6, Code 2023, is amended to read as
11follows:
12233.6 Educational and public information.
13The department of health and human services, in consultation
14with the Iowa department of public health and the department of
15justice, shall develop and distribute the following:
161. An information card or other publication for
17distribution by an institutional health facility, an emergency
18medical care provider location, a fire station, or a first
19responder to a parent who releases custody of a newborn infant
20in accordance with this chapter. The publication shall inform
21the parent of a parent’s rights under section 233.4, explain
22the request for medical history information under section
23233.2, subsection 2, and provide other information deemed
24pertinent by the departments.
252. Educational materials, public information announcements,
26and other resources to develop awareness of the availability of
27the newborn safe haven Act among adolescents, young parents,
28and others who might avail themselves of this chapter.
293. Signage that may be used to identify the institutional
30health facilities, emergency medical care provider locations,
31or fire stations, at which physical custody of a newborn infant
32may be relinquished in accordance with this chapter.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill relates to the release of custody of a newborn
2infant under the newborn safe haven Act.
3The bill provides that in addition to current provisions
4that allow a parent of a newborn infant to voluntarily
5relinquish physical custody of the newborn infant directly
6or indirectly at an institutional health facility or to a
7first responder in response to a 911 call, a parent may also
8relinquish physical custody of a newborn directly or indirectly
9at a fire station, by relinquishing physical custody of the
10newborn infant to medical staff of a hospital or other facility
11following delivery of the newborn infant in the hospital or
12other facility when the parent notifies the medical staff that
13the parent is voluntarily relinquishing physical custody of the
14newborn infant; or by relinquishing physical custody of the
15newborn infant at a hospital, fire station, or an emergency
16medical care provider location, through a newborn safety
17device.
18The bill also provides that with regard to the rights of
19parents of the newborn infant, a parent requesting that custody
20of the newborn infant be granted to the parent may use DNA
21profiling to show by clear and convincing evidence that the
22person is the parent of the newborn infant.
23The bill makes conforming changes throughout Code chapter
24233 (newborn safe haven Act) consistent with the changes in the
25bill.
-8-pf/rh