Senate File 360 S-3260 Amend Senate File 360 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 233.1, subsection 2, Code 2017, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . 0a. “First responder” means an emergency 6 medical care provider, a registered nurse staffing an 7 authorized service program under section 147A.12, a physician 8 assistant staffing an authorized service program under section 9 147A.13, a fire fighter, or a peace officer as defined in 10 section 801.4. 11 Sec. 2. Section 233.1, subsection 2, paragraph b, Code 2017, 12 is amended to read as follows: 13 b. “Newborn infant” means a child who is, or who appears to 14 be, fourteen thirty days of age or younger. 15 Sec. 3. Section 233.2, subsections 1, 2, 3, and 6, Code 16 2017, are amended to read as follows: 17 1. a. A parent of a newborn infant may voluntarily release 18 custody of the newborn infant by relinquishing physical custody 19 of the newborn infant, without expressing an intent to again 20 assume physical custody, at an institutional health facility or 21 by authorizing another person to relinquish physical custody 22 on the parent’s behalf. If physical custody of the newborn 23 infant is not relinquished directly to an individual on duty 24 at the institutional health facility, the parent may take 25 other actions to be reasonably sure that an individual on 26 duty is aware that the newborn infant has been left at the 27 institutional health facility. The actions may include but are 28 not limited to making telephone contact with the institutional 29 health facility or a 911 service. 30 b. In lieu of the procedure described in paragraph “a” , 31 a parent of a newborn infant may make telephone contact with 32 a 911 service and relinquish physical custody of the newborn 33 infant, without expressing an intent to again assume physical 34 custody, to a first responder who responds to the 911 telephone 35 -1- SF360.1831 (2) 87 hb/rj 1/ 4 #1.

call. 1 c. For the purposes of this chapter and for any judicial 2 proceedings associated with the newborn infant, a rebuttable 3 presumption arises that the person who relinquishes physical 4 custody at an institutional health facility or to a first 5 responder in accordance with this section is the newborn 6 infant’s parent or has relinquished physical custody with the 7 parent’s authorization. 8 2. a. Unless the parent or other person relinquishing 9 physical custody of a newborn infant clearly expresses an 10 intent to return to again assume physical custody of the 11 newborn infant, an individual on duty at the facility at which 12 physical custody of the newborn infant was relinquished , or 13 a first responder to whom physical custody of the newborn 14 infant was relinquished, pursuant to subsection 1 shall take 15 physical custody of the newborn infant. The individual on 16 duty or first responder may request the parent or other person 17 to provide the name of the parent or parents and information 18 on the medical history of the newborn infant and the newborn 19 infant’s parent or parents. However, the parent or other 20 person is not required to provide the names or medical history 21 information to comply with this section . The individual on 22 duty or first responder may perform reasonable acts necessary 23 to protect the physical health or safety of the newborn infant. 24 The individual on duty and the institutional health facility 25 in which the individual was on duty and the first responder 26 are immune from criminal or civil liability for any acts or 27 omissions made in good faith to comply with this section . 28 b. If the physical custody of a newborn infant is 29 relinquished to a first responder, the first responder shall 30 transport the newborn infant to the nearest institutional 31 health facility. The first responder shall provide any 32 parental identification or medical history information to the 33 institutional health facility. 34 b. c. If the physical custody of the newborn infant is 35 -2- SF360.1831 (2) 87 hb/rj 2/ 4

relinquished at an institutional health facility, the state 1 shall reimburse the institutional health facility for the 2 institutional health facility’s actual expenses in providing 3 care to the newborn infant and in performing acts necessary to 4 protect the physical health or safety of the newborn infant. 5 The reimbursement shall be paid from moneys appropriated for 6 this purpose to the department of human services. 7 c. d. If the name of the parent is unknown to the 8 institutional health facility, the individual on duty or other 9 person designated by the institutional health facility at which 10 physical custody of the newborn infant was relinquished shall 11 submit the certificate of birth report as required pursuant 12 to section 144.14 . If the name of the parent is disclosed 13 to the institutional health facility, the facility shall 14 submit the certificate of birth report as required pursuant to 15 section 144.13 . The department of public health shall not file 16 the certificate of birth with the county of birth and shall 17 otherwise maintain the confidentiality of the birth certificate 18 in accordance with section 144.43 . 19 3. As soon as possible after the individual on duty or 20 first responder assumes physical custody of a newborn infant 21 released under subsection 1 , the individual shall notify the 22 department of human services and the department shall take the 23 actions necessary to assume the care, control, and custody of 24 the newborn infant. The department shall immediately notify 25 the juvenile court and the county attorney of the department’s 26 action and the circumstances surrounding the action and 27 request an ex parte order from the juvenile court ordering, 28 in accordance with the requirements of section 232.78 , the 29 department to take custody of the newborn infant. Upon 30 receiving the order, the department shall take custody of the 31 newborn infant. Within twenty-four hours of taking custody of 32 the newborn infant, the department shall notify the juvenile 33 court and the county attorney in writing of the department’s 34 action and the circumstances surrounding the action. 35 -3- SF360.1831 (2) 87 hb/rj 3/ 4

6. An individual on duty at an institutional health facility 1 or first responder who assumes custody of a newborn infant upon 2 the release of the newborn infant under subsection 1 shall be 3 provided notice of any hearing held concerning the newborn 4 infant at the same time notice is provided to other parties to 5 the hearing and the individual may provide testimony at the 6 hearing. 7 Sec. 4. Section 233.5, subsection 1, Code 2017, is amended 8 to read as follows: 9 1. a. In addition to any other privacy protection 10 established in law, a record that is developed, acquired, or 11 held in connection with an individual’s good faith effort 12 to voluntarily release a newborn infant in accordance with 13 this chapter and any identifying information concerning the 14 individual shall be kept confidential. Such record shall not 15 be inspected or the contents disclosed except as provided in 16 this section . 17 b. Any transcripts or recording of a 911 service telephone 18 call that is made for the purpose of an individual’s good faith 19 effort to voluntarily release custody of a newborn infant in 20 accordance with this chapter and any identifying information 21 concerning the individual shall be kept confidential. Such 22 transcripts or recording of a 911 service telephone call shall 23 not be inspected or the contents disclosed except as provided 24 in this section. > 25 2. Title page, line 1, by striking < institutional health 26 facilities under > 27 ______________________________ JAKE CHAPMAN -4- SF360.1831 (2) 87 hb/rj 4/ 4 #2.