Text: HF00592 Text: HF00594 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 232B.1 NEWBORN SAFE HAVEN ACT –
1 2 DEFINITIONS.
1 3 1. This chapter may be cited as the "Newborn Safe Haven
1 4 Act".
1 5 2. For the purposes of this chapter, unless the context
1 6 otherwise requires:
1 7 a. "Institutional health facility" means a hospital as
1 8 defined in section 135B.1 and includes a hospital emergency
1 9 room, health care facility as defined in section 135C.1,
1 10 organized outpatient health facility as defined in section
1 11 135.61, outpatient surgical facility as defined in section
1 12 135.61, or community mental health center, or city, county, or
1 13 district health department.
1 14 b. "Newborn infant" means a child who is, or who appears
1 15 to be, fourteen days of age or younger.
1 16 Sec. 2. NEW SECTION. 232B.2 NEWBORN INFANT SURRENDER
1 17 PROCEDURES.
1 18 1. A parent of a newborn infant who has not suffered
1 19 bodily harm may voluntarily surrender physical custody of the
1 20 newborn infant by relinquishing physical custody of the
1 21 newborn infant, without expressing an intent to again assume
1 22 physical custody, at an institutional health facility. If the
1 23 newborn infant is not surrendered directly to an individual on
1 24 duty at the institutional health facility, the parent may take
1 25 other actions to be reasonably sure that an individual on duty
1 26 is aware that the newborn infant has been surrendered at the
1 27 institutional health facility. The actions may include but
1 28 are not limited to making telephone contact with the
1 29 institutional health facility or a 911 service. For the
1 30 purposes of this chapter and for any judicial proceedings
1 31 associated with the newborn infant, a rebuttable presumption
1 32 arises that the person who voluntarily surrenders physical
1 33 custody at an institutional health facility in accordance with
1 34 this section is the newborn infant's parent.
1 35 2. a. Unless the parent surrendering physical custody of
2 1 a newborn infant clearly expresses an intent to return to
2 2 again assume physical custody of the newborn infant, an
2 3 individual on duty at the facility at which the newborn infant
2 4 was surrendered pursuant to subsection 1 shall take physical
2 5 custody of the newborn infant. The individual on duty may
2 6 request the parent to provide the name of the parent or
2 7 parents and information on the medical history of the newborn
2 8 infant and the newborn infant's parent or parents. However,
2 9 the parent is not required to provide the names or medical
2 10 history information to comply with this section. The
2 11 individual on duty may perform any act necessary to protect
2 12 the physical health or safety of the newborn infant. The
2 13 individual on duty and the institutional health facility in
2 14 which the individual was on duty are immune from criminal or
2 15 civil liability for any acts or omissions made in good faith
2 16 to comply with this section.
2 17 b. If the custody of the newborn infant is surrendered at
2 18 an institutional health facility, the state shall reimburse
2 19 the institutional health facility for the institutional health
2 20 facility's actual expenses in providing care to the newborn
2 21 infant and in performing acts necessary to protect the
2 22 physical health or safety of the newborn infant. The
2 23 reimbursement shall be paid from moneys appropriated for this
2 24 purpose to the department of human services.
2 25 c. The individual on duty or other person designated by
2 26 the institutional health facility at which the newborn infant
2 27 was surrendered shall submit the certificate of birth report
2 28 as required pursuant to section 144.14.
2 29 3. As soon as possible after the individual on duty
2 30 assumes physical custody of a newborn infant surrendered under
2 31 section 1, the individual shall notify the department of human
2 32 services and the department shall take the actions necessary
2 33 to assume the care, control, and custody of the newborn
2 34 infant. The department shall orally notify the juvenile court
2 35 and the county attorney of the department's action and the
3 1 circumstances surrounding the action and request an ex parte
3 2 order from the juvenile court ordering, in accordance with the
3 3 requirements of section 232.78, the department to take custody
3 4 of the child. Upon receiving the order, the department shall
3 5 take custody of the child. Within twenty-four hours of taking
3 6 custody of the child, the department shall notify the juvenile
3 7 court and the county attorney in writing of the department's
3 8 action and the circumstances surrounding the action.
3 9 4. a. Upon being notified in writing by the department
3 10 under subsection 3, the county attorney shall file a petition
3 11 alleging the newborn infant to be a child in need of
3 12 assistance in accordance with section 232.87. If the newborn
3 13 infant is adjudicated to be a child in need of assistance, the
3 14 juvenile court shall hold the initial permanency hearing
3 15 concerning the newborn infant no later than six months after
3 16 the entry of the dispositional order under section 232.99.
3 17 After any permanency hearing held regarding the newborn
3 18 infant, the juvenile court may order the county attorney to
3 19 file a petition for termination of parental rights with
3 20 respect to the newborn infant in accordance with section
3 21 232.111, subsection 2, paragraph "a". A hearing on a petition
3 22 filed pursuant to this subsection shall be held at the
3 23 earliest practicable time.
3 24 b. Notice of a petition filed pursuant to this subsection
3 25 shall be provided in accordance with the provisions of chapter
3 26 232 and shall be served upon any putative father registered
3 27 with the state registrar of vital statistics pursuant to
3 28 section 144.12A. Prior to holding a termination of parental
3 29 rights hearing with respect to the newborn infant, notice by
3 30 publication shall be provided as described in section 600A.6,
3 31 subsection 5.
3 32 5. Reasonable efforts, as defined in section 232.102, that
3 33 are made in regard to the newborn infant shall be limited to
3 34 the efforts made in a timely manner to finalize a permanency
3 35 plan for the newborn infant.
4 1 6. An individual on duty at an institutional health
4 2 facility who assumes custody of a newborn infant upon the
4 3 surrender of the newborn infant under subsection 1 shall be
4 4 provided notice of any hearing held concerning the newborn
4 5 infant at the same time notice is provided to other parties to
4 6 the hearing and the individual may provide testimony at the
4 7 hearing.
4 8 Sec. 3. NEW SECTION. 232B.3 RIGHTS OF PARENTS.
4 9 Either parent of a newborn infant whose physical custody
4 10 was surrendered in accordance with section 232B.2, may
4 11 intervene in the child in need of assistance or termination of
4 12 parental rights proceedings held regarding the newborn infant
4 13 and request that the juvenile court grant custody of the
4 14 newborn infant to the parent. The requester must show by
4 15 clear and convincing evidence that the requester is the parent
4 16 of the newborn infant. If the court determines that the
4 17 requester is the parent of the newborn infant and that
4 18 granting custody of the newborn infant to the parent is in the
4 19 newborn infant's best interest, the court shall issue an order
4 20 granting custody of the newborn infant to the parent. In
4 21 addition to such order, the court may order services for the
4 22 newborn infant and the parent as are in the best interest of
4 23 the newborn infant.
4 24 Sec. 4. NEW SECTION. 232B.4 CONFIDENTIALITY PROTECTIONS.
4 25 1. In addition to any other privacy protection established
4 26 in law, a record that is developed, acquired, or held in
4 27 connection with an individual's good faith effort to
4 28 voluntarily surrender a newborn infant in accordance with this
4 29 chapter and any identifying information concerning the
4 30 individual shall be kept confidential. Such record shall not
4 31 be inspected or the contents disclosed except as provided in
4 32 this section.
4 33 2. A record described in subsection 1 may be inspected and
4 34 the contents disclosed without court order to the following:
4 35 a. The court and professional court staff, including
5 1 juvenile court officers.
5 2 b. The newborn infant and the newborn infant's counsel.
5 3 c. The newborn infant's parent, guardian, custodian,
5 4 court-appointed special advocate, and guardian ad litem.
5 5 d. The county attorney and the county attorney's
5 6 assistants.
5 7 e. An agency, association, facility, or institution which
5 8 has custody of the newborn infant, or is legally responsible
5 9 for the care, treatment, or supervision of the newborn infant.
5 10 f. The newborn infant's foster parent or an individual
5 11 providing preadoptive care to the newborn infant.
5 12 3. Pursuant to court order a record described in
5 13 subsection 1 may be inspected by and the contents may be
5 14 disclosed to any of the following:
5 15 a. A person conducting bona fide research for research
5 16 purposes under whatever conditions the court may deem proper,
5 17 provided that no personal identifying data shall be disclosed
5 18 to such a person.
5 19 b. Persons who have a direct interest in a proceeding or
5 20 in the work of the court.
5 21 4. Any person who knowingly discloses, receives, or makes
5 22 use or permits the use of information derived directly or
5 23 indirectly from such a record or discloses identifying
5 24 information concerning such individual, except as provided by
5 25 this section, commits a serious misdemeanor.
5 26 Sec. 5. NEW SECTION. 232B.5 EDUCATIONAL AND PUBLIC
5 27 INFORMATION.
5 28 The department of human services, in consultation with the
5 29 Iowa department of public health and the department of
5 30 justice, shall develop and distribute the following:
5 31 1. An information card or other publication for
5 32 distribution by an institutional health facility to a parent
5 33 who surrenders physical custody of a newborn infant in
5 34 accordance with this chapter. The publication shall inform
5 35 the parent of a parent's rights under section 232B.3, explain
6 1 the request for medical history information under section
6 2 232B.2, subsection 2, and provide other information deemed
6 3 pertinent by the departments.
6 4 2. Educational materials, public information
6 5 announcements, and other resources to develop awareness of the
6 6 availability of the newborn safe haven Act, among adolescents,
6 7 young parents, and others who might avail themselves of the
6 8 Act.
6 9 3. Signage that may be used to identify the institutional
6 10 health facilities at which a newborn infant may be surrendered
6 11 in accordance with this chapter.
6 12 Sec. 6. Section 232.2, subsection 6, Code 2001, is amended
6 13 by adding the following new paragraph:
6 14 NEW PARAGRAPH. p. Who is a newborn infant whose parent
6 15 has voluntarily surrendered physical custody of the child in
6 16 accordance with chapter 232B.
6 17 Sec. 7. Section 232.111, subsection 2, paragraph a,
6 18 subparagraph (3), Code 2001, is amended to read as follows:
6 19 (3) The child is less than twelve months of age and has
6 20 been judicially determined to meet the definition of
6 21 abandonment of a child or the child is a newborn infant whose
6 22 parent has voluntarily surrendered physical custody of the
6 23 child in accordance with chapter 232B.
6 24 Sec. 8. Section 232.116, subsection 1, paragraph b, Code
6 25 2001, is amended to read as follows:
6 26 b. The court finds that there is clear and convincing
6 27 evidence that the child has been abandoned or deserted or that
6 28 the child is a newborn infant whose parent has voluntarily
6 29 surrendered physical custody of the child in accordance with
6 30 chapter 232B.
6 31 Sec. 9. Section 726.3, Code 2001, is amended to read as
6 32 follows:
6 33 726.3 NEGLECT OR ABANDONMENT OF A DEPENDENT PERSON.
6 34 A person who is the father, mother, or some other person
6 35 having custody of a child, or of any other person who by
7 1 reason of mental or physical disability is not able to care
7 2 for the person's self, who knowingly or recklessly exposes
7 3 such person to a hazard or danger against which such person
7 4 cannot reasonably be expected to protect such person's self or
7 5 who deserts or abandons such person, knowing or having reason
7 6 to believe that the person will be exposed to such hazard or
7 7 danger, commits a class "C" felony. However, a parent who
7 8 has, in accordance with section 232B.2, voluntarily
7 9 surrendered physical custody of a newborn infant who has not
7 10 suffered bodily harm, or has aided or abetted in such
7 11 voluntary surrender, shall not be prosecuted for a violation
7 12 of this section involving abandonment of that newborn infant.
7 13 Sec. 10. Section 726.6, Code 2001, is amended by adding
7 14 the following new subsection:
7 15 NEW SUBSECTION. 1A. A parent who has, in accordance with
7 16 section 232B.2, voluntarily surrendered physical custody of a
7 17 newborn infant who has not suffered bodily harm shall not be
7 18 prosecuted for a violation of this section involving
7 19 abandonment of that newborn infant.
7 20 Sec. 11. EFFECTIVE DATE. This Act, being deemed of
7 21 immediate importance, takes effect upon enactment.
7 22 EXPLANATION
7 23 This bill provides for the transfer of custody of and
7 24 termination of parental rights for a newborn infant whose
7 25 parent voluntarily surrenders physical custody of the newborn
7 26 infant and provides for immunity from prosecution for such
7 27 parent.
7 28 New Code section 232B.1 provides that new Code chapter 232B
7 29 may be cited as the "Newborn Safe Haven Act". The term
7 30 "newborn infant" is defined as a child who is, or appears to
7 31 be, 14 days of age or younger.
7 32 New Code section 232B.2 establishes the procedures for a
7 33 parent to voluntarily surrender physical custody of the
7 34 parent's newborn infant and relates these procedures to the
7 35 juvenile justice code division on child in need of assistance
8 1 proceedings. For purposes of the bill and any judicial
8 2 proceedings, a rebuttable presumption arises that the person
8 3 who surrenders custody of the newborn infant is the child's
8 4 parent. So long as a newborn infant has not suffered bodily
8 5 harm, the newborn infant's parent may voluntarily surrender
8 6 physical custody at an institutional health facility which
8 7 includes a hospital, nursing or other health care facility,
8 8 local health department, or other specified types of providers
8 9 of health services. If the newborn infant is not surrendered
8 10 directly to an individual on duty at an institutional health
8 11 facility, the parent may take other actions to be reasonably
8 12 sure that an individual on duty is aware that the newborn
8 13 infant has been surrendered at the facility.
8 14 An individual on duty at an institutional health facility
8 15 at which a newborn infant is surrendered may act to protect
8 16 the health or safety of the newborn infant. The individual on
8 17 duty may request the parent to provide the name of the parent
8 18 and information on the medical history of the infant and
8 19 parents, however, the parent is not required to provide the
8 20 name or medical history information. Immunity from civil and
8 21 criminal liability is provided to the individual and the owner
8 22 of the institutional health facility in which the individual
8 23 was on duty for acts or omissions made in good faith to comply
8 24 with the bill's requirements. The individual is to notify the
8 25 department of human services after assuming custody. The
8 26 department is required to take action to assume custody from
8 27 the individual and is required to orally notify the juvenile
8 28 court and the county attorney. The oral notification is
8 29 required to include a request to the juvenile court for an ex
8 30 parte order for the department to take custody of the newborn
8 31 infant. A written notification from the department to the
8 32 court and county attorney is required to follow within 24
8 33 hours.
8 34 Upon being notified by the department, the county attorney
8 35 is required to file a petition alleging that the newborn
9 1 infant is a child in need of assistance. If the newborn
9 2 infant is determined to be a child in need of assistance, the
9 3 juvenile court is required to hold the initial permanency
9 4 hearing within six months of entry of the dispositional order.
9 5 After any permanency hearing, the juvenile court may order the
9 6 county attorney to file a petition for termination of parental
9 7 rights with respect to the newborn infant. Hearings for these
9 8 petitions are to be held at the earliest practicable time.
9 9 Notice for these hearings is be provided in accordance with
9 10 Code chapter 232 and is to be served upon any putative father
9 11 registered with the state. Prior to holding a termination of
9 12 parental rights hearing, notice by publication is to be
9 13 provided as described in Code section 600.6A, which provides
9 14 for media publication at least once per week for two
9 15 consecutive weeks.
9 16 The existing requirement under the child in need of
9 17 assistance law for the performance of reasonable efforts to
9 18 prevent or eliminate the need for removal of the newborn
9 19 infant is to be limited to efforts made to finalize a
9 20 permanency plan for the newborn infant. The individual who
9 21 received the surrender of the newborn infant is to receive
9 22 notice of any hearing and may provide testimony in the
9 23 hearing.
9 24 New Code section 232B.3 provides for rights of parents. A
9 25 parent may intervene in the child in need of assistance or
9 26 termination of parental rights proceeding and request that the
9 27 juvenile court grant custody of the newborn infant to the
9 28 parent. The parent must show parentage by clear and
9 29 convincing evidence and the court must determine that granting
9 30 the custody is in the newborn infant's best interest. If the
9 31 parent is granted custody, the court may also order services
9 32 as are in the best interest of the newborn infant.
9 33 New Code section 232B.4 provides confidentiality
9 34 protections for the surrender of a newborn infant in
9 35 accordance with the bill. Any records and any identifying
10 1 information concerning the individual who surrendered an
10 2 infant are to be kept confidential. Access to the records is
10 3 provided without court order to the newborn infant and others
10 4 involved with the newborn infant such as attorneys, foster
10 5 parents, and agencies providing care to the infant. A
10 6 violation involving knowing disclosure of confidential
10 7 information is a serious misdemeanor.
10 8 New Code section 232B.5 requires the department of human
10 9 services to consult with the departments of public health and
10 10 justice in developing and distributing information that may be
10 11 given to individuals who surrender a newborn infant, for
10 12 publicizing the bill's provisions, and for signage to identify
10 13 the facilities at which a newborn infant may be surrendered.
10 14 Provisions in Code sections 232.2, 232.111, and 232.116,
10 15 relating to the definition of a child in need of assistance,
10 16 termination of parental rights petitions, and grounds for
10 17 termination under the juvenile justice code, are amended to
10 18 specifically include a newborn infant surrendered as provided
10 19 in the bill.
10 20 Code section 726.3, relating to neglect or abandonment of a
10 21 dependent person, and Code section 726.6, relating to child
10 22 endangerment, are amended to provide that a parent who
10 23 voluntarily surrenders a newborn infant as provided in the
10 24 bill is not subject to prosecution under those sections for a
10 25 violation involving abandonment of the newborn infant.
10 26 The bill takes effect upon enactment.
10 27 LSB 2634HV 79
10 28 jp/pj/5
Text: HF00592 Text: HF00594 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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