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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 who has not
1 21 suffered bodily harm may voluntarily release custody
1 22 of the newborn infant by relinquishing physical
1 23 custody of the newborn infant, without expressing an
1 24 intent to again assume physical custody, at an
1 25 institutional health facility or by authorizing
1 26 another person to relinquish physical custody on the
1 27 parent's behalf. If physical custody of the newborn
1 28 infant is not relinquished directly to an individual
1 29 on duty at the institutional health facility, the
1 30 parent may take other actions to be reasonably sure
1 31 that an individual on duty is aware that the newborn
1 32 infant has been left at the institutional health
1 33 facility. The actions may include but are not limited
1 34 to making telephone contact with the institutional
1 35 health facility or a 911 service. For the purposes of
1 36 this chapter and for any judicial proceedings
1 37 associated with the newborn infant, a rebuttable
1 38 presumption arises that the person who relinquishes
1 39 physical custody at an institutional health facility
1 40 in accordance with this section is the newborn
1 41 infant's parent or has relinquished physical custody
1 42 with the parent's authorization.
1 43 2. a. Unless the parent or other person
1 44 relinquishing physical custody of a newborn infant
1 45 clearly expresses an intent to return to again assume
1 46 physical custody of the newborn infant, an individual
1 47 on duty at the facility at which physical custody of
1 48 the newborn infant was relinquished pursuant to
1 49 subsection 1 shall take physical custody of the
1 50 newborn infant. The individual on duty may request
2 1 the parent or other person to provide the name of the
2 2 parent or parents and information on the medical
2 3 history of the newborn infant and the newborn infant's
2 4 parent or parents. However, the parent or other
2 5 person is not required to provide the names or medical
2 6 history information to comply with this section. The
2 7 individual on duty may perform reasonable acts
2 8 necessary to protect the physical health or safety of
2 9 the newborn infant. The individual on duty and the
2 10 institutional health facility in which the individual
2 11 was on duty are immune from criminal or civil
2 12 liability for any acts or omissions made in good faith
2 13 to comply with this section.
2 14 b. If the physical custody of the newborn infant
2 15 is relinquished at an institutional health facility,
2 16 the state shall reimburse the institutional health
2 17 facility for the institutional health facility's
2 18 actual expenses in providing care to the newborn
2 19 infant and in performing acts necessary to protect the
2 20 physical health or safety of the newborn infant. The
2 21 reimbursement shall be paid from moneys appropriated
2 22 for this purpose to the department of human services.
2 23 c. The individual on duty or other person
2 24 designated by the institutional health facility at
2 25 which physical custody of the newborn infant was
2 26 relinquished shall submit the certificate of birth
2 27 report as required pursuant to section 144.14.
2 28 3. As soon as possible after the individual on
2 29 duty assumes physical custody of a newborn infant
2 30 released under subsection 1, the individual shall
2 31 notify the department of human services and the
2 32 department shall take the actions necessary to assume
2 33 the care, control, and custody of the newborn infant.
2 34 The department shall immediately notify the juvenile
2 35 court and the county attorney of the department's
2 36 action and the circumstances surrounding the action
2 37 and request an ex parte order from the juvenile court
2 38 ordering, in accordance with the requirements of
2 39 section 232.78, the department to take custody of the
2 40 newborn infant. Upon receiving the order, the
2 41 department shall take custody of the newborn infant.
2 42 Within twenty-four hours of taking custody of the
2 43 newborn infant, the department shall notify the
2 44 juvenile court and the county attorney in writing of
2 45 the department's action and the circumstances
2 46 surrounding the action.
2 47 4. a. Upon being notified in writing by the
2 48 department under subsection 3, the county attorney
2 49 shall file a petition alleging the newborn infant to
2 50 be a child in need of assistance in accordance with
3 1 section 232.87 and a petition for termination of
3 2 parental rights with respect to the newborn infant in
3 3 accordance with section 232.111, subsection 2,
3 4 paragraph "a". A hearing on a child in need of
3 5 assistance petition filed pursuant to this subsection
3 6 shall be held at the earliest practicable time. A
3 7 hearing on a termination of parental rights petition
3 8 filed pursuant to this subsection shall be held no
3 9 later than thirty days after the day the physical
3 10 custody of the newborn child was relinquished in
3 11 accordance with subsection 1 unless the juvenile court
3 12 continues the hearing beyond the thirty days for good
3 13 cause shown.
3 14 b. Notice of a petition filed pursuant to this
3 15 subsection shall be provided to any known parent and
3 16 others in accordance with the provisions of chapter
3 17 232 and shall be served upon any putative father
3 18 registered with the state registrar of vital
3 19 statistics pursuant to section 144.12A. In addition,
3 20 prior to holding a termination of parental rights
3 21 hearing with respect to the newborn infant, notice by
3 22 publication shall be provided as described in section
3 23 600A.6, subsection 5.
3 24 5. Reasonable efforts, as defined in section
3 25 232.102, that are made in regard to the newborn infant
3 26 shall be limited to the efforts made in a timely
3 27 manner to finalize a permanency plan for the newborn
3 28 infant.
3 29 6. An individual on duty at an institutional
3 30 health facility who assumes custody of a newborn
3 31 infant upon the release of the newborn infant under
3 32 subsection 1 shall be provided notice of any hearing
3 33 held concerning the newborn infant at the same time
3 34 notice is provided to other parties to the hearing and
3 35 the individual may provide testimony at the hearing.
3 36 Sec. 3. NEW SECTION. 232B.3 IMMUNITY.
3 37 Any person authorized by the parent to assist with
3 38 release of custody in accordance with section 232B.2
3 39 by relinquishing physical custody of the newborn
3 40 infant or to otherwise act on the parent's behalf is
3 41 immune from criminal prosecution for abandonment or
3 42 neglect of the newborn infant under section 726.3 or
3 43 726.6 and civil liability for any reasonable acts or
3 44 omissions made in good faith in assisting with the
3 45 release.
3 46 Sec. 4. NEW SECTION. 232B.4 RIGHTS OF PARENTS.
3 47 Either parent of a newborn infant whose custody was
3 48 released in accordance with section 232B.2, may
3 49 intervene in the child in need of assistance or
3 50 termination of parental rights proceedings held
4 1 regarding the newborn infant and request that the
4 2 juvenile court grant custody of the newborn infant to
4 3 the parent. The requester must show by clear and
4 4 convincing evidence that the requester is the parent
4 5 of the newborn infant. If the court determines that
4 6 the requester is the parent of the newborn infant and
4 7 that granting custody of the newborn infant to the
4 8 parent is in the newborn infant's best interest, the
4 9 court shall issue an order granting custody of the
4 10 newborn infant to the parent. In addition to such
4 11 order, the court may order services for the newborn
4 12 infant and the parent as are in the best interest of
4 13 the newborn infant.
4 14 Sec. 5. NEW SECTION. 232B.5 CONFIDENTIALITY
4 15 PROTECTIONS.
4 16 1. In addition to any other privacy protection
4 17 established in law, a record that is developed,
4 18 acquired, or held in connection with an individual's
4 19 good faith effort to voluntarily release a newborn
4 20 infant in accordance with this chapter and any
4 21 identifying information concerning the individual
4 22 shall be kept confidential. Such record shall not be
4 23 inspected or the contents disclosed except as provided
4 24 in this section.
4 25 2. A record described in subsection 1 may be
4 26 inspected and the contents disclosed without court
4 27 order to the following:
4 28 a. The court and professional court staff,
4 29 including juvenile court officers.
4 30 b. The newborn infant and the newborn infant's
4 31 counsel.
4 32 c. The newborn infant's parent, guardian,
4 33 custodian, and those persons' counsel.
4 34 d. The newborn infant's court-appointed special
4 35 advocate and guardian ad litem.
4 36 e. The county attorney and the county attorney's
4 37 assistants.
4 38 f. 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 g. 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 232.111, subsection 2, paragraph
5 40 a, subparagraph (3), Code 2001, is amended to read as
5 41 follows:
5 42 (3) The child is less than twelve months of age
5 43 and has been judicially determined to meet the
5 44 definition of abandonment of a child or the child is a
5 45 newborn infant whose parent has voluntarily released
5 46 custody of the child in accordance with chapter 232B.
5 47 Sec. 9. Section 232.116, subsection 1, Code 2001,
5 48 is amended by adding the following new paragraph:
5 49 NEW PARAGRAPH. bb. The court finds that there is
5 50 clear and convincing evidence that the child is a
6 1 newborn infant whose parent has voluntarily released
6 2 custody of the child in accordance with chapter 232B.
6 3 Sec. 10. Section 232.117, Code 2001, is amended by
6 4 adding the following new subsection:
6 5 NEW SUBSECTION. 9. If a termination of parental
6 6 rights order is issued on the grounds that the child
6 7 is a newborn infant whose parent has voluntarily
6 8 released custody of the child under section 232.116,
6 9 subsection 1, paragraph "bb", the court shall retain
6 10 jurisdiction to change a guardian or custodian and to
6 11 allow a parent whose rights have been terminated to
6 12 request vacation or appeal of the termination order
6 13 which request must be made within thirty days of
6 14 issuance of the granting of the termination order.
6 15 The period for request for vacation or appeal by a
6 16 parent whose rights have been terminated shall not be
6 17 waived or extended and a vacation or appeal shall not
6 18 be granted for a request made after the expiration of
6 19 this period. The court shall grant the vacation
6 20 request only if it is in the best interest of the
6 21 child. The supreme court shall prescribe rules to
6 22 establish the period of thirty days, which shall not
6 23 be waived or extended, in which a parent whose
6 24 parental rights have been terminated may request a
6 25 vacation or appeal of such a termination order.
6 26 Sec. 11. Section 726.3, Code 2001, is amended to
6 27 read as follows:
6 28 726.3 NEGLECT OR ABANDONMENT OF A DEPENDENT
6 29 PERSON.
6 30 A person who is the father, mother, or some other
6 31 person having custody of a child, or of any other
6 32 person who by reason of mental or physical disability
6 33 is not able to care for the person's self, who
6 34 knowingly or recklessly exposes such person to a
6 35 hazard or danger against which such person cannot
6 36 reasonably be expected to protect such person's self
6 37 or who deserts or abandons such person, knowing or
6 38 having reason to believe that the person will be
6 39 exposed to such hazard or danger, commits a class "C"
6 40 felony. However, a parent or person authorized by the
6 41 parent who has, in accordance with section 232B.2,
6 42 voluntarily released custody of a newborn infant who
6 43 has not suffered bodily harm shall not be prosecuted
6 44 for a violation of this section involving abandonment
6 45 of that newborn infant.
6 46 Sec. 12. Section 726.6, Code 2001, is amended by
6 47 adding the following new subsection:
6 48 NEW SUBSECTION. 1A. A parent or person authorized
6 49 by the parent who has, in accordance with section
6 50 232B.2, voluntarily released custody of a newborn
7 1 infant who has not suffered bodily harm shall not be
7 2 prosecuted for a violation of this section involving
7 3 abandonment of that newborn infant.
7 4 Sec. 13. EFFECTIVE DATE. This Act, being deemed
7 5 of immediate importance, takes effect upon enactment."
7 6 #2. Title page, by striking lines 1 through 6 and
7 7 inserting the following: "An Act providing for the
7 8 release of custody and termination of parental rights
7 9 for certain newborn infants whose parent or person
7 10 authorized to act on the parent's behalf relinquishes
7 11 physical custody at certain health facilities and
7 12 providing certain immunity from prosecution and civil
7 13 liability for such parent or person, establishing
7 14 confidentiality protections and a penalty, and
7 15 providing an effective date."
7 16
7 17
7 18
7 19 NANCY BOETTGER
7 20 SF 355.201 79
7 21 jp/gg
Text: S03270 Text: S03272 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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