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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
© 2001 Cornell College and League of Women Voters of Iowa
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