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PAG LIN 1 1 SENATE FILE 355 1 2 AN ACT 1 3 PROVIDING FOR THE RELEASE OF CUSTODY AND TERMINATION OF 1 4 PARENTAL RIGHTS FOR CERTAIN NEWBORN INFANTS WHOSE PARENT OR 1 5 PERSON AUTHORIZED TO ACT ON THE PARENT'S BEHALF RELINQUISHES 1 6 PHYSICAL CUSTODY AT CERTAIN HEALTH FACILITIES AND PROVIDING 1 7 CERTAIN IMMUNITY FROM PROSECUTION AND CIVIL LIABILITY FOR 1 8 SUCH PARENT OR PERSON, ESTABLISHING CONFIDENTIALITY 1 9 PROTECTIONS AND A PENALTY, AND PROVIDING AN EFFECTIVE DATE. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. NEW SECTION. 232B.1 NEWBORN SAFE HAVEN ACT 1 14 DEFINITIONS. 1 15 1. This chapter may be cited as the "Newborn Safe Haven 1 16 Act". 1 17 2. For the purposes of this chapter, unless the context 1 18 otherwise requires: 1 19 a. "Institutional health facility" means a hospital as 1 20 defined in section 135B.1, including a facility providing 1 21 medical or health services that is open twenty-four hours per 1 22 day, seven days per week and is a hospital emergency room, or 1 23 a health care facility as defined in section 135C.1. 1 24 b. "Newborn infant" means a child who is, or who appears 1 25 to be, fourteen days of age or younger. 1 26 Sec. 2. NEW SECTION. 232B.2 NEWBORN INFANT CUSTODY 1 27 RELEASE PROCEDURES. 1 28 1. A parent of a newborn infant may voluntarily release 1 29 custody of the newborn infant by relinquishing physical 1 30 custody of the newborn infant, without expressing an intent to 1 31 again assume physical custody, at an institutional health 1 32 facility or by authorizing another person to relinquish 1 33 physical custody on the parent's behalf. If physical custody 1 34 of the newborn infant is not relinquished directly to an 1 35 individual on duty at the institutional health facility, the 2 1 parent may take other actions to be reasonably sure that an 2 2 individual on duty is aware that the newborn infant has been 2 3 left at the institutional health facility. The actions may 2 4 include but are not limited to making telephone contact with 2 5 the institutional health facility or a 911 service. For the 2 6 purposes of this chapter and for any judicial proceedings 2 7 associated with the newborn infant, a rebuttable presumption 2 8 arises that the person who relinquishes physical custody at an 2 9 institutional health facility in accordance with this section 2 10 is the newborn infant's parent or has relinquished physical 2 11 custody with the parent's authorization. 2 12 2. a. Unless the parent or other person relinquishing 2 13 physical custody of a newborn infant clearly expresses an 2 14 intent to return to again assume physical custody of the 2 15 newborn infant, an individual on duty at the facility at which 2 16 physical custody of the newborn infant was relinquished 2 17 pursuant to subsection 1 shall take physical custody of the 2 18 newborn infant. The individual on duty may request the parent 2 19 or other person to provide the name of the parent or parents 2 20 and information on the medical history of the newborn infant 2 21 and the newborn infant's parent or parents. However, the 2 22 parent or other person is not required to provide the names or 2 23 medical history information to comply with this section. The 2 24 individual on duty may perform reasonable acts necessary to 2 25 protect the physical health or safety of the newborn infant. 2 26 The individual on duty and the institutional health facility 2 27 in which the individual was on duty are immune from criminal 2 28 or civil liability for any acts or omissions made in good 2 29 faith to comply with this section. 2 30 b. If the physical custody of the newborn infant is 2 31 relinquished at an institutional health facility, the state 2 32 shall reimburse the institutional health facility for the 2 33 institutional health facility's actual expenses in providing 2 34 care to the newborn infant and in performing acts necessary to 2 35 protect the physical health or safety of the newborn infant. 3 1 The reimbursement shall be paid from moneys appropriated for 3 2 this purpose to the department of human services. 3 3 c. The individual on duty or other person designated by 3 4 the institutional health facility at which physical custody of 3 5 the newborn infant was relinquished shall submit the 3 6 certificate of birth report as required pursuant to section 3 7 144.14. 3 8 3. As soon as possible after the individual on duty 3 9 assumes physical custody of a newborn infant released under 3 10 subsection 1, the individual shall notify the department of 3 11 human services and the department shall take the actions 3 12 necessary to assume the care, control, and custody of the 3 13 newborn infant. The department shall immediately notify the 3 14 juvenile court and the county attorney of the department's 3 15 action and the circumstances surrounding the action and 3 16 request an ex parte order from the juvenile court ordering, in 3 17 accordance with the requirements of section 232.78, the 3 18 department to take custody of the newborn infant. Upon 3 19 receiving the order, the department shall take custody of the 3 20 newborn infant. Within twenty-four hours of taking custody of 3 21 the newborn infant, the department shall notify the juvenile 3 22 court and the county attorney in writing of the department's 3 23 action and the circumstances surrounding the action. 3 24 4. a. Upon being notified in writing by the department 3 25 under subsection 3, the county attorney shall file a petition 3 26 alleging the newborn infant to be a child in need of 3 27 assistance in accordance with section 232.87 and a petition 3 28 for termination of parental rights with respect to the newborn 3 29 infant in accordance with section 232.111, subsection 2, 3 30 paragraph "a". A hearing on a child in need of assistance 3 31 petition filed pursuant to this subsection shall be held at 3 32 the earliest practicable time. A hearing on a termination of 3 33 parental rights petition filed pursuant to this subsection 3 34 shall be held no later than thirty days after the day the 3 35 physical custody of the newborn child was relinquished in 4 1 accordance with subsection 1 unless the juvenile court 4 2 continues the hearing beyond the thirty days for good cause 4 3 shown. 4 4 b. Notice of a petition filed pursuant to this subsection 4 5 shall be provided to any known parent and others in accordance 4 6 with the provisions of chapter 232 and shall be served upon 4 7 any putative father registered with the state registrar of 4 8 vital statistics pursuant to section 144.12A. In addition, 4 9 prior to holding a termination of parental rights hearing with 4 10 respect to the newborn infant, notice by publication shall be 4 11 provided as described in section 600A.6, subsection 5. 4 12 5. Reasonable efforts, as defined in section 232.102, that 4 13 are made in regard to the newborn infant shall be limited to 4 14 the efforts made in a timely manner to finalize a permanency 4 15 plan for the newborn infant. 4 16 6. An individual on duty at an institutional health 4 17 facility who assumes custody of a newborn infant upon the 4 18 release of the newborn infant under subsection 1 shall be 4 19 provided notice of any hearing held concerning the newborn 4 20 infant at the same time notice is provided to other parties to 4 21 the hearing and the individual may provide testimony at the 4 22 hearing. 4 23 Sec. 3. NEW SECTION. 232B.3 IMMUNITY. 4 24 Any person authorized by the parent to assist with release 4 25 of custody in accordance with section 232B.2 by relinquishing 4 26 physical custody of the newborn infant or to otherwise act on 4 27 the parent's behalf is immune from criminal prosecution for 4 28 abandonment or neglect of the newborn infant under section 4 29 726.3 or 726.6 and civil liability for any reasonable acts or 4 30 omissions made in good faith in assisting with the release. 4 31 Sec. 4. NEW SECTION. 232B.4 RIGHTS OF PARENTS. 4 32 Either parent of a newborn infant whose custody was 4 33 released in accordance with section 232B.2, may intervene in 4 34 the child in need of assistance or termination of parental 4 35 rights proceedings held regarding the newborn infant and 5 1 request that the juvenile court grant custody of the newborn 5 2 infant to the parent. The requester must show by clear and 5 3 convincing evidence that the requester is the parent of the 5 4 newborn infant. If the court determines that the requester is 5 5 the parent of the newborn infant and that granting custody of 5 6 the newborn infant to the parent is in the newborn infant's 5 7 best interest, the court shall issue an order granting custody 5 8 of the newborn infant to the parent. In addition to such 5 9 order, the court may order services for the newborn infant and 5 10 the parent as are in the best interest of the newborn infant. 5 11 Sec. 5. NEW SECTION. 232B.5 CONFIDENTIALITY PROTECTIONS. 5 12 1. In addition to any other privacy protection established 5 13 in law, a record that is developed, acquired, or held in 5 14 connection with an individual's good faith effort to 5 15 voluntarily release a newborn infant in accordance with this 5 16 chapter and any identifying information concerning the 5 17 individual shall be kept confidential. Such record shall not 5 18 be inspected or the contents disclosed except as provided in 5 19 this section. 5 20 2. A record described in subsection 1 may be inspected and 5 21 the contents disclosed without court order to the following: 5 22 a. The court and professional court staff, including 5 23 juvenile court officers. 5 24 b. The newborn infant and the newborn infant's counsel. 5 25 c. The newborn infant's parent, guardian, custodian, and 5 26 those persons' counsel. 5 27 d. The newborn infant's court-appointed special advocate 5 28 and guardian ad litem. 5 29 e. The county attorney and the county attorney's 5 30 assistants. 5 31 f. An agency, association, facility, or institution which 5 32 has custody of the newborn infant, or is legally responsible 5 33 for the care, treatment, or supervision of the newborn infant. 5 34 g. The newborn infant's foster parent or an individual 5 35 providing preadoptive care to the newborn infant. 6 1 3. Pursuant to court order a record described in 6 2 subsection 1 may be inspected by and the contents may be 6 3 disclosed to any of the following: 6 4 a. A person conducting bona fide research for research 6 5 purposes under whatever conditions the court may deem proper, 6 6 provided that no personal identifying data shall be disclosed 6 7 to such a person. 6 8 b. Persons who have a direct interest in a proceeding or 6 9 in the work of the court. 6 10 4. Any person who knowingly discloses, receives, or makes 6 11 use or permits the use of information derived directly or 6 12 indirectly from such a record or discloses identifying 6 13 information concerning such individual, except as provided by 6 14 this section, commits a serious misdemeanor. 6 15 Sec. 6. NEW SECTION. 232B.6 EDUCATIONAL AND PUBLIC 6 16 INFORMATION. 6 17 The department of human services, in consultation with the 6 18 Iowa department of public health and the department of 6 19 justice, shall develop and distribute the following: 6 20 1. An information card or other publication for 6 21 distribution by an institutional health facility to a parent 6 22 who releases custody of a newborn infant in accordance with 6 23 this chapter. The publication shall inform the parent of a 6 24 parent's rights under section 232B.4, explain the request for 6 25 medical history information under section 232B.2, subsection 6 26 2, and provide other information deemed pertinent by the 6 27 departments. 6 28 2. Educational materials, public information 6 29 announcements, and other resources to develop awareness of the 6 30 availability of the newborn safe haven Act, among adolescents, 6 31 young parents, and others who might avail themselves of the 6 32 Act. 6 33 3. Signage that may be used to identify the institutional 6 34 health facilities at which physical custody of a newborn 6 35 infant may be relinquished in accordance with this chapter. 7 1 Sec. 7. Section 232.2, subsection 6, Code 2001, is amended 7 2 by adding the following new paragraph: 7 3 NEW PARAGRAPH. p. Who is a newborn infant whose parent 7 4 has voluntarily released custody of the child in accordance 7 5 with chapter 232B. 7 6 Sec. 8. Section 232.111, subsection 2, paragraph a, 7 7 subparagraph (3), Code 2001, is amended to read as follows: 7 8 (3) The child is less than twelve months of age and has 7 9 been judicially determined to meet the definition of 7 10 abandonment of a child or the child is a newborn infant whose 7 11 parent has voluntarily released custody of the child in 7 12 accordance with chapter 232B. 7 13 Sec. 9. Section 232.116, subsection 1, Code 2001, is 7 14 amended by adding the following new paragraph: 7 15 NEW PARAGRAPH. bb. The court finds that there is clear 7 16 and convincing evidence that the child is a newborn infant 7 17 whose parent has voluntarily released custody of the child in 7 18 accordance with chapter 232B. 7 19 Sec. 10. Section 232.117, Code 2001, is amended by adding 7 20 the following new subsection: 7 21 NEW SUBSECTION. 9. If a termination of parental rights 7 22 order is issued on the grounds that the child is a newborn 7 23 infant whose parent has voluntarily released custody of the 7 24 child under section 232.116, subsection 1, paragraph "bb", the 7 25 court shall retain jurisdiction to change a guardian or 7 26 custodian and to allow a parent whose rights have been 7 27 terminated to request vacation or appeal of the termination 7 28 order which request must be made within thirty days of 7 29 issuance of the granting of the termination order. The period 7 30 for request for vacation or appeal by a parent whose rights 7 31 have been terminated shall not be waived or extended and a 7 32 vacation or appeal shall not be granted for a request made 7 33 after the expiration of this period. The court shall grant 7 34 the vacation request only if it is in the best interest of the 7 35 child. The supreme court shall prescribe rules to establish 8 1 the period of thirty days, which shall not be waived or 8 2 extended, in which a parent whose parental rights have been 8 3 terminated may request a vacation or appeal of such a 8 4 termination order. 8 5 Sec. 11. Section 726.3, Code 2001, is amended to read as 8 6 follows: 8 7 726.3 NEGLECT OR ABANDONMENT OF A DEPENDENT PERSON. 8 8 A person who is the father, mother, or some other person 8 9 having custody of a child, or of any other person who by 8 10 reason of mental or physical disability is not able to care 8 11 for the person's self, who knowingly or recklessly exposes 8 12 such person to a hazard or danger against which such person 8 13 cannot reasonably be expected to protect such person's self or 8 14 who deserts or abandons such person, knowing or having reason 8 15 to believe that the person will be exposed to such hazard or 8 16 danger, commits a class "C" felony. However, a parent or 8 17 person authorized by the parent who has, in accordance with 8 18 section 232B.2, voluntarily released custody of a newborn 8 19 infant shall not be prosecuted for a violation of this section 8 20 involving abandonment of that newborn infant. 8 21 Sec. 12. Section 726.6, Code 2001, is amended by adding 8 22 the following new subsection: 8 23 NEW SUBSECTION. 1A. A parent or person authorized by the 8 24 parent who has, in accordance with section 232B.2, voluntarily 8 25 released custody of a newborn infant shall not be prosecuted 8 26 for a violation of subsection 1, paragraph "f", relating to 8 27 abandonment. 8 28 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 8 29 immediate importance, takes effect upon enactment. 8 30 8 31 8 32 8 33 MARY E. KRAMER 8 34 President of the Senate 8 35 9 1 9 2 9 3 BRENT SIEGRIST 9 4 Speaker of the House 9 5 9 6 I hereby certify that this bill originated in the Senate and 9 7 is known as Senate File 355, Seventy-ninth General Assembly. 9 8 9 9 9 10 9 11 MICHAEL E. MARSHALL 9 12 Secretary of the Senate 9 13 Approved , 2001 9 14 9 15 9 16 9 17 THOMAS J. VILSACK 9 18 Governor
Text: SF00354 Text: SF00356 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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