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PAG LIN
1 1 Amend Senate File 355 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause, and inserting the following:
1 4 "Section 1. NEW SECTION. 232B.1 NEWBORN SAFE
1 5 HAVEN ACT – DEFINITIONS.
1 6 1. This chapter may be cited as the "Newborn Safe
1 7 Haven Act".
1 8 2. For the purposes of this chapter, unless the
1 9 context otherwise requires:
1 10 a. "Institutional health facility" means a
1 11 hospital as defined in section 135B.1, including a
1 12 facility providing medical or health services that is
1 13 open twenty-four hours per day, seven days per week
1 14 and is a hospital emergency room, or a health care
1 15 facility as defined in section 135C.1.
1 16 b. "Newborn infant" means a child who is, or who
1 17 appears to be, fourteen days of age or younger.
1 18 Sec. 2. NEW SECTION. 232B.2 NEWBORN INFANT
1 19 CUSTODY RELEASE PROCEDURES.
1 20 1. A parent of a newborn infant may voluntarily
1 21 release custody of the newborn infant by relinquishing
1 22 physical custody of the newborn infant, without
1 23 expressing an intent to again assume physical custody,
1 24 at an institutional health facility or by authorizing
1 25 another person to relinquish physical custody on the
1 26 parent's behalf. If physical custody of the newborn
1 27 infant is not relinquished directly to an individual
1 28 on duty at the institutional health facility, the
1 29 parent may take other actions to be reasonably sure
1 30 that an individual on duty is aware that the newborn
1 31 infant has been left at the institutional health
1 32 facility. The actions may include but are not limited
1 33 to making telephone contact with the institutional
1 34 health facility or a 911 service. For the purposes of
1 35 this chapter and for any judicial proceedings
1 36 associated with the newborn infant, a rebuttable
1 37 presumption arises that the person who relinquishes
1 38 physical custody at an institutional health facility
1 39 in accordance with this section is the newborn
1 40 infant's parent or has relinquished physical custody
1 41 with the parent's authorization.
1 42 2. a. Unless the parent or other person
1 43 relinquishing physical custody of a newborn infant
1 44 clearly expresses an intent to return to again assume
1 45 physical custody of the newborn infant, an individual
1 46 on duty at the facility at which physical custody of
1 47 the newborn infant was relinquished pursuant to
1 48 subsection 1 shall take physical custody of the
1 49 newborn infant. The individual on duty may request
1 50 the parent or other person to provide the name of the
2 1 parent or parents and information on the medical
2 2 history of the newborn infant and the newborn infant's
2 3 parent or parents. However, the parent or other
2 4 person is not required to provide the names or medical
2 5 history information to comply with this section. The
2 6 individual on duty may perform reasonable acts
2 7 necessary to protect the physical health or safety of
2 8 the newborn infant. The individual on duty and the
2 9 institutional health facility in which the individual
2 10 was on duty are immune from criminal or civil
2 11 liability for any acts or omissions made in good faith
2 12 to comply with this section.
2 13 b. If the physical custody of the newborn infant
2 14 is relinquished at an institutional health facility,
2 15 the state shall reimburse the institutional health
2 16 facility for the institutional health facility's
2 17 actual expenses in providing care to the newborn
2 18 infant and in performing acts necessary to protect the
2 19 physical health or safety of the newborn infant. The
2 20 reimbursement shall be paid from moneys appropriated
2 21 for this purpose to the department of human services.
2 22 c. The individual on duty or other person
2 23 designated by the institutional health facility at
2 24 which physical custody of the newborn infant was
2 25 relinquished shall submit the certificate of birth
2 26 report as required pursuant to section 144.14.
2 27 3. As soon as possible after the individual on
2 28 duty assumes physical custody of a newborn infant
2 29 released under subsection 1, the individual shall
2 30 notify the department of human services and the
2 31 department shall take the actions necessary to assume
2 32 the care, control, and custody of the newborn infant.
2 33 The department shall immediately notify the juvenile
2 34 court and the county attorney of the department's
2 35 action and the circumstances surrounding the action
2 36 and request an ex parte order from the juvenile court
2 37 ordering, in accordance with the requirements of
2 38 section 232.78, the department to take custody of the
2 39 newborn infant. Upon receiving the order, the
2 40 department shall take custody of the newborn infant.
2 41 Within twenty-four hours of taking custody of the
2 42 newborn infant, the department shall notify the
2 43 juvenile court and the county attorney in writing of
2 44 the department's action and the circumstances
2 45 surrounding the action.
2 46 4. a. Upon being notified in writing by the
2 47 department under subsection 3, the county attorney
2 48 shall file a petition alleging the newborn infant to
2 49 be a child in need of assistance in accordance with
2 50 section 232.87 and a petition for termination of
3 1 parental rights with respect to the newborn infant in
3 2 accordance with section 232.111, subsection 2,
3 3 paragraph "a". A hearing on a child in need of
3 4 assistance petition filed pursuant to this subsection
3 5 shall be held at the earliest practicable time. A
3 6 hearing on a termination of parental rights petition
3 7 filed pursuant to this subsection shall be held no
3 8 later than thirty days after the day the physical
3 9 custody of the newborn child was relinquished in
3 10 accordance with subsection 1 unless the juvenile court
3 11 continues the hearing beyond the thirty days for good
3 12 cause shown.
3 13 b. Notice of a petition filed pursuant to this
3 14 subsection shall be provided in accordance with the
3 15 provisions of chapter 232 and shall be served upon any
3 16 putative father registered with the state registrar of
3 17 vital statistics pursuant to section 144.12A. Prior
3 18 to holding a termination of parental rights hearing
3 19 with respect to the newborn infant, notice by
3 20 publication shall be provided as described in section
3 21 600A.6, subsection 5.
3 22 5. Reasonable efforts, as defined in section
3 23 232.102, that are made in regard to the newborn infant
3 24 shall be limited to the efforts made in a timely
3 25 manner to finalize a permanency plan for the newborn
3 26 infant.
3 27 6. An individual on duty at an institutional
3 28 health facility who assumes custody of a newborn
3 29 infant upon the release of the newborn infant under
3 30 subsection 1 shall be provided notice of any hearing
3 31 held concerning the newborn infant at the same time
3 32 notice is provided to other parties to the hearing and
3 33 the individual may provide testimony at the hearing.
3 34 Sec. 3. NEW SECTION. 232B.3 IMMUNITY.
3 35 The parent of a newborn infant who voluntarily
3 36 releases custody of the newborn infant in accordance
3 37 with subsection 1, is immune from criminal prosecution
3 38 and civil liability for any act or omission made in
3 39 connection with the newborn infant prior to the time
3 40 of the voluntary release. Any other person authorized
3 41 by the parent to assist with such release by
3 42 relinquishing physical custody of the newborn infant
3 43 or to otherwise act on the parent's behalf is immune
3 44 from criminal prosecution and civil liability for any
3 45 reasonable acts or omissions made in good faith in
3 46 assisting with the release.
3 47 Sec. 4. NEW SECTION. 232B.4 RIGHTS OF PARENTS.
3 48 Either parent of a newborn infant whose custody was
3 49 released in accordance with section 232B.2, may
3 50 intervene in the child in need of assistance or
4 1 termination of parental rights proceedings held
4 2 regarding the newborn infant and request that the
4 3 juvenile court grant custody of the newborn infant to
4 4 the parent. The requester must show by clear and
4 5 convincing evidence that the requester is the parent
4 6 of the newborn infant. If the court determines that
4 7 the requester is the parent of the newborn infant and
4 8 that granting custody of the newborn infant to the
4 9 parent is in the newborn infant's best interest, the
4 10 court shall issue an order granting custody of the
4 11 newborn infant to the parent. In addition to such
4 12 order, the court may order services for the newborn
4 13 infant and the parent as are in the best interest of
4 14 the newborn infant.
4 15 Sec. 5. NEW SECTION. 232B.5 CONFIDENTIALITY
4 16 PROTECTIONS.
4 17 1. In addition to any other privacy protection
4 18 established in law, a record that is developed,
4 19 acquired, or held in connection with an individual's
4 20 good faith effort to voluntarily release a newborn
4 21 infant in accordance with this chapter and any
4 22 identifying information concerning the individual
4 23 shall be kept confidential. Such record shall not be
4 24 inspected or the contents disclosed except as provided
4 25 in this section.
4 26 2. A record described in subsection 1 may be
4 27 inspected and the contents disclosed without court
4 28 order to the following:
4 29 a. The court and professional court staff,
4 30 including juvenile court officers.
4 31 b. The newborn infant and the newborn infant's
4 32 counsel.
4 33 c. The newborn infant's parent, guardian,
4 34 custodian, court-appointed special advocate, and
4 35 guardian ad litem.
4 36 d. The county attorney and the county attorney's
4 37 assistants.
4 38 e. An agency, association, facility, or
4 39 institution which has custody of the newborn infant,
4 40 or is legally responsible for the care, treatment, or
4 41 supervision of the newborn infant.
4 42 f. The newborn infant's foster parent or an
4 43 individual providing preadoptive care to the newborn
4 44 infant.
4 45 3. Pursuant to court order a record described in
4 46 subsection 1 may be inspected by and the contents may
4 47 be disclosed to any of the following:
4 48 a. A person conducting bona fide research for
4 49 research purposes under whatever conditions the court
4 50 may deem proper, provided that no personal identifying
5 1 data shall be disclosed to such a person.
5 2 b. Persons who have a direct interest in a
5 3 proceeding or in the work of the court.
5 4 4. Any person who knowingly discloses, receives,
5 5 or makes use or permits the use of information derived
5 6 directly or indirectly from such a record or discloses
5 7 identifying information concerning such individual,
5 8 except as provided by this section, commits a serious
5 9 misdemeanor.
5 10 Sec. 6. NEW SECTION. 232B.6 EDUCATIONAL AND
5 11 PUBLIC INFORMATION.
5 12 The department of human services, in consultation
5 13 with the Iowa department of public health and the
5 14 department of justice, shall develop and distribute
5 15 the following:
5 16 1. An information card or other publication for
5 17 distribution by an institutional health facility to a
5 18 parent who releases custody of a newborn infant in
5 19 accordance with this chapter. The publication shall
5 20 inform the parent of a parent's rights under section
5 21 232B.4, explain the request for medical history
5 22 information under section 232B.2, subsection 2, and
5 23 provide other information deemed pertinent by the
5 24 departments.
5 25 2. Educational materials, public information
5 26 announcements, and other resources to develop
5 27 awareness of the availability of the newborn safe
5 28 haven Act, among adolescents, young parents, and
5 29 others who might avail themselves of the Act.
5 30 3. Signage that may be used to identify the
5 31 institutional health facilities at which physical
5 32 custody of a newborn infant may be relinquished in
5 33 accordance with this chapter.
5 34 Sec. 7. Section 232.2, subsection 6, Code 2001, is
5 35 amended by adding the following new paragraph:
5 36 NEW PARAGRAPH. p. Who is a newborn infant whose
5 37 parent has voluntarily released custody of the child
5 38 in accordance with chapter 232B.
5 39 Sec. 8. Section 232.102, Code 2001, is amended by
5 40 adding the following new subsection:
5 41 NEW SUBSECTION. 1B. If the court has adjudicated
5 42 the child to be in need of assistance based upon the
5 43 definition in section 232.2, subsection 6, paragraph
5 44 "p", for a newborn infant whose parent voluntarily
5 45 released custody of the child in accordance with
5 46 chapter 232B, the child placing agency or the
5 47 department to which the court transfers legal custody
5 48 of the child under subsection 1 shall make every
5 49 reasonable effort to place the child in preadoptive
5 50 care or other appropriate placement that is likely to
6 1 lead to the permanent placement of the child in an
6 2 expedited manner.
6 3 Sec. 9. Section 232.111, subsection 2, paragraph
6 4 a, subparagraph (3), Code 2001, is amended to read as
6 5 follows:
6 6 (3) The child is less than twelve months of age
6 7 and has been judicially determined to meet the
6 8 definition of abandonment of a child or the child is a
6 9 newborn infant whose parent has voluntarily released
6 10 custody of the child in accordance with chapter 232B.
6 11 Sec. 10. Section 232.116, subsection 1, Code 2001,
6 12 is amended by adding the following new paragraph:
6 13 NEW PARAGRAPH. bb. The court finds that there is
6 14 clear and convincing evidence that the child is a
6 15 newborn infant whose parent has voluntarily released
6 16 custody of the child in accordance with chapter 232B.
6 17 Sec. 11. Section 232.117, Code 2001, is amended by
6 18 adding the following new subsection:
6 19 NEW SUBSECTION. 9. If a termination of parental
6 20 rights order is issued on the grounds that the child
6 21 is a newborn infant whose parent has voluntarily
6 22 released custody of the child under section 232.116,
6 23 subsection 1, paragraph "bb", the court shall retain
6 24 jurisdiction to change a guardian or custodian and to
6 25 allow a parent whose rights have been terminated or
6 26 any putative parent to request vacation or appeal of
6 27 the termination order which request must be made
6 28 within thirty days of issuance of the granting of the
6 29 termination order. The period for request for
6 30 vacation or appeal by a parent whose rights have been
6 31 terminated or by a putative parent shall not be waived
6 32 or extended and a vacation or appeal shall not be
6 33 granted for a request made after the expiration of
6 34 this period. The court shall grant the vacation
6 35 request only if it is in the best interest of the
6 36 child. The supreme court shall prescribe rules to
6 37 conclusively establish the period of thirty days,
6 38 which shall not be waived or extended, in which a
6 39 parent whose parental rights have been terminated or a
6 40 putative parent may request a vacation or appeal of
6 41 such a termination order.
6 42 Sec. 12. NEW SECTION. 802.10 NEWBORN SAFE HAVEN
6 43 ACT – IMMUNITY.
6 44 The parent of a newborn infant who voluntarily
6 45 releases custody of the newborn infant in accordance
6 46 with chapter 232B, the newborn safe haven Act, has
6 47 immunity from criminal prosecution and civil liability
6 48 as provided in section 232B.3. Any other person
6 49 authorized by the parent to assist with such release
6 50 on the parent's behalf has immunity from criminal
7 1 prosecution and civil liability as provided in section
7 2 232B.3.
7 3 Sec. 13. EFFECTIVE DATE. This Act, being deemed
7 4 of immediate importance, takes effect upon enactment."
7 5 #2. Title page, by striking lines 1 through 6 and
7 6 inserting the following: "An Act providing for the
7 7 release of custody and termination of parental rights
7 8 for certain newborn infants whose parent or person
7 9 authorized to act on the parent's behalf relinquishes
7 10 physical custody at certain health facilities and
7 11 providing for immunity from prosecution and civil
7 12 liability for such parent or person, establishing
7 13 confidentiality protections and a penalty, and
7 14 providing an effective date."
7 15
7 16
7 17
7 18 NANCY BOETTGER
7 19 SF 355.303 79
7 20 jp/cf
Text: S03250 Text: S03252 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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