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1 1 Section 1. NEW SECTION. 232B.1 NEWBORN INFANT SURRENDER
1 2 ACT – DEFINITION.
1 3 1. This chapter may be cited as the "Iowa Newborn Infant
1 4 Surrender 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 135.1 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, four 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. For
1 23 the purposes of this chapter and for any judicial proceedings
1 24 associated with the newborn infant, the person who voluntarily
1 25 surrenders physical custody at an institutional health
1 26 facility in accordance with this section shall be presumed to
1 27 be the newborn infant's parent.
1 28 2. a. Unless the parent surrendering physical custody of
1 29 a newborn infant clearly expresses an intent to return to
1 30 again assume physical custody of the newborn infant, an
1 31 individual on duty at the facility at which the newborn infant
1 32 was surrendered pursuant to subsection 1 shall take physical
1 33 custody of the newborn infant. The individual on duty may
1 34 request the parent to provide the name of the parent or
1 35 parents and information on the medical history of the newborn
2 1 infant and the newborn infant's parent or parents. However,
2 2 the parent is not required to provide the names or medical
2 3 history information to comply with this section. The
2 4 individual on duty may perform any act necessary to protect
2 5 the physical health or safety of the newborn infant. The
2 6 individual on duty and the institutional health facility in
2 7 which the individual was on duty are immune from criminal or
2 8 civil liability for any acts or omissions made in good faith
2 9 to comply with this section.
2 10 b. If the custody of the newborn infant is surrendered at
2 11 a hospital, the state shall reimburse the hospital for the
2 12 hospital's actual expenses in providing care to the newborn
2 13 infant and in performing acts necessary to protect the
2 14 physical health or safety of the newborn infant. The
2 15 reimbursement shall be paid from moneys appropriated for this
2 16 purpose to the department of human services.
2 17 c. The individual on duty or other person designated by
2 18 the institutional health facility at which the newborn infant
2 19 was surrendered shall submit the certificate of birth report
2 20 as required pursuant to section 144.14.
2 21 3. As soon as possible after the individual on duty
2 22 assumes physical custody of a newborn infant surrendered under
2 23 section 1, the individual shall notify the department of human
2 24 services. The department shall take the actions immediately
2 25 upon receiving the notice necessary to assume the care,
2 26 control, and custody of the newborn infant. The department
2 27 shall orally notify the court and the county attorney of the
2 28 department's action and the circumstances surrounding the
2 29 action. Within twenty-four hours of orally informing the
2 30 court, the department shall notify the court and the county
2 31 attorney in writing of the department's action and the
2 32 circumstances surrounding the action.
2 33 4. Upon being notified in writing by the department under
2 34 subsection 3, the county attorney shall file a petition
2 35 alleging the newborn infant to be a child in need of
3 1 assistance in accordance with section 232.87 and a petition
3 2 for termination of parental rights with respect to the newborn
3 3 infant in accordance with section 232.111, subsection 2,
3 4 paragraph "a". A hearing on a petition filed pursuant to this
3 5 subsection shall be held at the earliest practicable time.
3 6 5. Reasonable efforts, as defined in section 232.102, that
3 7 are made in regard to the newborn infant shall be limited to
3 8 the efforts made in a timely manner to finalize a permanency
3 9 plan for the newborn infant.
3 10 6. An individual on duty at an institutional health
3 11 facility who assumes custody of a newborn infant upon the
3 12 surrender of the newborn infant under subsection 1 shall be
3 13 provided notice of any hearing held concerning the newborn
3 14 infant at the same time notice is provided to other parties to
3 15 the hearing and the individual may provide testimony at the
3 16 hearing.
3 17 Sec. 3. NEW SECTION. 232B.3 RIGHTS OF OTHER PARENT.
3 18 1. If one parent surrenders physical custody of a newborn
3 19 infant in accordance with section 232B.2, the other parent may
3 20 file an action with the juvenile court for custody of the
3 21 child. The action must be filed within thirty days after the
3 22 date the physical custody of the newborn infant was
3 23 surrendered.
3 24 2. In order to be awarded custody of the newborn infant,
3 25 the person filing the action must prove all of the following
3 26 by a preponderance of the evidence:
3 27 a. The person is the parent of the newborn infant.
3 28 b. The person did not consent to the surrender of custody
3 29 of the newborn infant.
3 30 3. If a person alleging to be the other parent of a
3 31 newborn infant does not file an action within the period
3 32 required in subsection 1, the person is barred from filing an
3 33 action for custody of the child. By operation of law and
3 34 without any judicial proceedings, the person's parental rights
3 35 with respect to the child are terminated.
4 1 Sec. 4. Section 232.111, subsection 2, paragraph a,
4 2 subparagraph (3), Code 2001, is amended to read as follows:
4 3 (3) The child is less than twelve months of age and has
4 4 been judicially determined to meet the definition of
4 5 abandonment of a child or the child is a newborn infant whose
4 6 parent has voluntarily surrendered physical custody of the
4 7 child in accordance with chapter 232B.
4 8 Sec. 5. Section 232.116, subsection 1, paragraph b, Code
4 9 2001, is amended to read as follows:
4 10 b. The court finds that there is clear and convincing
4 11 evidence that the child has been abandoned or deserted or that
4 12 the child is a newborn infant whose parent has voluntarily
4 13 surrendered physical custody of the child in accordance with
4 14 chapter 232B.
4 15 Sec. 6. Section 726.3, Code 2001, is amended to read as
4 16 follows:
4 17 726.3 NEGLECT OR ABANDONMENT OF A DEPENDENT PERSON.
4 18 A person who is the father, mother, or some other person
4 19 having custody of a child, or of any other person who by
4 20 reason of mental or physical disability is not able to care
4 21 for the person's self, who knowingly or recklessly exposes
4 22 such person to a hazard or danger against which such person
4 23 cannot reasonably be expected to protect such person's self or
4 24 who deserts or abandons such person, knowing or having reason
4 25 to believe that the person will be exposed to such hazard or
4 26 danger, commits a class "C" felony. However, a parent who
4 27 has, in accordance with section 232B.2, voluntarily
4 28 surrendered physical custody of a newborn infant who has not
4 29 suffered bodily harm shall not be prosecuted for a violation
4 30 of this section involving abandonment of that newborn infant.
4 31 Sec. 7. Section 726.6, Code 2001, is amended by adding the
4 32 following new subsection:
4 33 NEW SUBSECTION. 1A. A parent who has, in accordance with
4 34 section 232B.2, voluntarily surrendered physical custody of a
4 35 newborn infant who has not suffered bodily harm shall not be
5 1 prosecuted for a violation of this section involving
5 2 abandonment of that newborn infant.
5 3 Sec. 8. EFFECTIVE DATE. This Act, being deemed of
5 4 immediate importance, takes effect upon enactment.
5 5 EXPLANATION
5 6 This bill provides for the transfer of custody of and
5 7 termination of parental rights for a newborn infant whose
5 8 parent voluntarily surrenders physical custody of the newborn
5 9 infant and provides for immunity from prosecution for such
5 10 parent.
5 11 New Code section 232B.1 provides that new Code chapter 232B
5 12 may be cited as the "Iowa Newborn Infant Surrender Act". The
5 13 term "newborn infant" is defined as a child who is, or appears
5 14 to be, four days of age or younger.
5 15 New Code section 232B.2 establishes the procedures for a
5 16 parent to voluntarily surrender physical custody of the
5 17 parent's newborn infant and relates these procedures to the
5 18 juvenile justice code division on child in need of assistance
5 19 proceedings. The person who surrenders custody of the newborn
5 20 infant is presumed to be the child's parent. So long as a
5 21 newborn infant has not suffered bodily harm, the newborn
5 22 infant's parent may voluntarily surrender physical custody at
5 23 an institutional health facility which includes a hospital,
5 24 nursing facility, local health department, or other specified
5 25 types of providers of health services.
5 26 An individual on duty at an institutional health facility
5 27 at which a newborn infant is surrendered may act to protect
5 28 the health or safety of the newborn infant. The individual on
5 29 duty may request the parent to provide the name of the parent
5 30 and information on the medical history of the infant and
5 31 parents, however, the parent is not required to provide the
5 32 name or medical history information. Immunity from civil and
5 33 criminal liability is provided to the individual and the owner
5 34 of the institutional health facility in which the individual
5 35 was on duty for acts or omissions made in good faith to comply
6 1 with the bill's requirements. The individual is to notify the
6 2 department of human services after assuming custody. The
6 3 department is required to immediately take action to assume
6 4 custody from the individual and is required to orally notify
6 5 the court and the county attorney. A written notification
6 6 from the department to the court and county attorney is
6 7 required to follow within 24 hours.
6 8 Upon being notified by the department, the county attorney
6 9 is required to file petitions alleging that the newborn infant
6 10 is a child in need of assistance and for termination of
6 11 parental rights with respect to the newborn infant. Hearings
6 12 for these petitions are to be held at the earliest practicable
6 13 time.
6 14 The existing requirement under the child in need of
6 15 assistance law for the performance of reasonable efforts to
6 16 prevent or eliminate the need for removal of the newborn
6 17 infant is to be limited to efforts made to finalize a
6 18 permanency plan for the newborn infant. The individual who
6 19 received the surrender of the newborn infant is to receive
6 20 notice of any hearing and may provide testimony in the
6 21 hearing.
6 22 Provisions in Code section 232.111 and 232.116, relating to
6 23 termination of parental rights petitions and grounds under the
6 24 juvenile justice code, are amended to specifically include a
6 25 newborn infant surrendered as provided in the bill.
6 26 Code section 726.3, relating to neglect or abandonment of a
6 27 dependent person, and Code section 726.6, relating to child
6 28 endangerment, are amended to provide that a parent who
6 29 voluntarily surrenders a newborn infant as provided in the
6 30 bill is not subject to prosecution under those sections for a
6 31 violation involving abandonment of the newborn infant.
6 32 The bill takes effect upon enactment.
6 33 LSB 2634HC 79
6 34 jp/pj/5
Text: HSB00166 Text: HSB00168 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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