Text: S03250 Text: S03252 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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
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