Senate File 561 H-1333 Amend Senate File 561, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 62, line 17, by striking < subsection 1, within the 3 same period > and inserting < subsection 1 > 4 2. Page 77, after line 35 by inserting: 5 < DIVISION ___ 6 SAFE HAVEN ACT HARMONIZATION 7 Sec. ___. Section 233.2, Code 2023, is amended to read as 8 follows: 9 233.2 Newborn infant custody release procedures. 10 1. a. A parent of a newborn infant may voluntarily release 11 custody of the newborn infant by as follows: 12 (1) By relinquishing physical custody of the newborn 13 infant, without expressing an intent to again assume physical 14 custody, at an institutional health facility or a fire station, 15 to an adoption service provider, or by authorizing another 16 person to relinquish physical custody on the parent’s behalf. 17 If physical custody of the newborn infant is not relinquished 18 directly to an individual on duty at the an institutional 19 health facility or a fire station , or to an adoption service 20 provider, the parent may take other actions to be reasonably 21 sure that an the individual on duty or the adoption service 22 provider is aware that the newborn infant has been left at 23 the institutional health facility , the fire station, or the 24 location of the adoption service provider . The actions may 25 include but are not limited to making telephone contact with 26 the institutional health facility , the fire station, or the 27 adoption service provider, or a 911 service. 28 (2) By relinquishing physical custody of the newborn infant 29 to medical staff at a hospital or other facility following 30 delivery of the newborn infant in the hospital or other 31 facility when the parent notifies the medical staff that the 32 parent is voluntarily relinquishing physical custody of the 33 newborn infant without expressing an intent to again assume 34 physical custody. 35 -1- SF 561.2118 (3) 90 pf/rn 1/ 8 #1. #2.

(3) By relinquishing physical custody of the newborn infant 1 at a hospital, a fire station, or an emergency medical care 2 provider location, through a newborn safety device, without 3 expressing an intent to again assume physical custody. 4 b. In lieu of the procedure described in paragraph “a” , 5 a parent of a newborn infant may make telephone contact with 6 a 911 service and relinquish physical custody of the newborn 7 infant, without expressing an intent to again assume physical 8 custody, to a first responder who responds to the 911 telephone 9 call. 10 c. For the purposes of this chapter and for any judicial 11 proceedings associated with the newborn infant, a rebuttable 12 presumption arises that the person who relinquishes physical 13 custody at an institutional health facility or to a first 14 responder in accordance with this section is the newborn 15 infant’s parent or has relinquished physical custody with the 16 parent’s authorization. 17 2. a. Unless the parent or other person relinquishing 18 physical custody of a newborn infant clearly expresses an 19 intent to return to again assume physical custody of the 20 newborn infant, an the individual on duty or the medical staff 21 at the institutional health facility , the emergency medical 22 care provider location, or the fire station at which physical 23 custody of the newborn infant was relinquished, the adoption 24 service provider to whom physical custody of the newborn infant 25 was relinquished, or a the first responder to whom physical 26 custody of the newborn infant was relinquished, pursuant 27 to subsection 1 shall take physical custody of the newborn 28 infant. The individual on duty or the medical staff, the 29 adoption service provider, or the first responder who takes 30 physical custody of the newborn infant may request the parent 31 or other person to provide the name of the parent or parents 32 and information on the medical history of the newborn infant 33 and the newborn infant’s parent or parents. However, the 34 parent or other person is not required to provide the names or 35 -2- SF 561.2118 (3) 90 pf/rn 2/ 8

medical history information to comply with this section . The 1 individual on duty or the medical staff, the adoption service 2 provider, or the first responder who takes physical custody of 3 the newborn infant may perform reasonable acts necessary to 4 protect the physical health or safety of the newborn infant. 5 The individual on duty and or the medical staff, the adoption 6 service provider, and the first responder to whom physical 7 custody of the newborn infant was relinquished, and the 8 institutional health facility in , the emergency medical care 9 provider location, and the fire station at which the individual 10 was on duty and the first responder physical custody of the 11 newborn infant was relinquished are immune from criminal or 12 civil liability for any acts or omissions made in good faith to 13 comply with this section . 14 b. If the physical custody of a newborn infant is 15 relinquished at an emergency medical care provider location or 16 a fire station, to an adoption service provider, or to a first 17 responder, the individual on duty at the emergency medical 18 care provider location or the fire station, the adoption 19 service provider, or the first responder who responded to the 20 911 telephone call shall transport the newborn infant to the 21 nearest institutional health facility. The individual on duty 22 at the emergency medical care provider location or the fire 23 station, the adoption service provider, or the first responder 24 who took physical custody of the newborn infant shall provide 25 any parental identification or medical history information to 26 the institutional health facility. 27 c. If the physical custody of the newborn infant is 28 relinquished at an institutional health facility, the state 29 shall reimburse the institutional health facility for the 30 institutional health facility’s actual expenses in providing 31 care to the newborn infant and in performing acts necessary to 32 protect the physical health or safety of the newborn infant. 33 The reimbursement shall be paid from moneys appropriated for 34 this purpose to the department of human services . 35 -3- SF 561.2118 (3) 90 pf/rn 3/ 8

d. If the name of the parent is unknown to the institutional 1 health facility, the individual on duty at the institutional 2 health facility or other person designated by the institutional 3 health facility at which physical custody of the newborn infant 4 was relinquished shall submit the certificate of birth report 5 as required pursuant to section 144.14 . If the name of the 6 parent is disclosed to the institutional health facility, 7 the facility shall submit the certificate of birth report as 8 required pursuant to section 144.13 . The department of public 9 health shall not file the certificate of birth with the county 10 of birth and shall otherwise maintain the confidentiality of 11 the birth certificate in accordance with section 144.43 . 12 3. a. As soon as possible after the individual on duty 13 or the medical staff, the adoption service provider, or the 14 first responder assumes physical custody of a newborn infant 15 released under subsection 1 , and, if applicable, the individual 16 on duty at the emergency medical care provider location 17 or the fire station, the adoption service provider, or the 18 first responder transports the newborn infant to the nearest 19 institutional health facility under subsection 2, paragraph 20 “b” , the individual or on duty or the medical staff shall notify 21 either the department or an adoption service provider and the 22 first responder shall notify the department of human services 23 and the . The department or the adoption service provider shall 24 take the actions necessary to assume the care, control, and 25 custody of the newborn infant . The as follows: 26 (1) If physical custody of the newborn infant was not 27 initially relinquished to an adoption service provider, 28 the department shall immediately notify the juvenile court 29 and the county attorney of the department’s action and the 30 circumstances surrounding the action and request an ex parte 31 order from the juvenile court ordering, in accordance with the 32 requirements of section 232.78 , subsection 9, the department 33 to take custody of the newborn infant. Upon receiving the 34 order, the department shall take custody of the newborn 35 -4- SF 561.2118 (3) 90 pf/rn 4/ 8

infant. After the department takes custody of the newborn 1 infant, notwithstanding any provision to the contrary relating 2 to priority placement of the child under section 232.78, the 3 department shall, if feasible, place the newborn infant in 4 a prospective adoptive home. The department shall maintain 5 a list of prospective adoptive homes that have completed 6 placement investigations and have been preapproved by the 7 department or a certified adoption investigator. 8 (2) If physical custody of the newborn infant was initially 9 relinquished to an adoption service provider, the adoption 10 service provider shall immediately notify the juvenile court 11 and the county attorney of the adoption service provider’s 12 action and the circumstances surrounding the action and 13 request an ex parte order from the juvenile court ordering, in 14 accordance with the requirements of section 232.78, subsection 15 9, the adoption service provider to take custody of the 16 newborn infant. Upon receiving the order, the adoption service 17 provider shall take custody of the newborn infant. 18 b. Within twenty-four hours of the department or the 19 adoption service provider taking custody of the newborn infant, 20 the department or the adoption service provider shall notify 21 the juvenile court and the county attorney in writing of the 22 department’s or adoption service provider’s action and the 23 circumstances surrounding the action. 24 c. Within twenty-four hours of the adoption service provider 25 taking custody of the newborn infant, the adoption service 26 provider shall notify the department in writing that the 27 adoption service provider has taken custody of the newborn 28 infant and will comply with the requirements of chapter 233. 29 4. a. Upon being notified in writing by the department or 30 the adoption service provider under subsection 3 , the county 31 attorney shall file a petition alleging the newborn infant to 32 be a child in need of assistance in accordance with section 33 232.87 and a petition for termination of parental rights with 34 respect to the newborn infant in accordance with section 35 -5- SF 561.2118 (3) 90 pf/rn 5/ 8

232.111, subsection 2 , paragraph “a” . A hearing on a child in 1 need of assistance petition filed pursuant to this subsection 2 shall be held at the earliest practicable time. A hearing on a 3 termination of parental rights petition filed pursuant to this 4 subsection shall be held no later than thirty days after the 5 day the physical custody of the newborn child was relinquished 6 in accordance with subsection 1 unless the juvenile court 7 continues the hearing beyond the thirty days for good cause 8 shown. 9 b. Notice of a petition filed pursuant to this subsection by 10 either the department or the adoption service provider shall 11 be provided to any known parent and others in accordance with 12 the provisions of chapter 232 and shall be served upon any 13 putative father registered with the state registrar of vital 14 statistics pursuant to section 144.12A . In addition, prior to 15 holding a termination of parental rights hearing with respect 16 to the newborn infant, notice by publication shall be provided 17 as described in section 600A.6, subsection 5 . 18 5. Reasonable efforts, as defined in section 232.102 , that 19 are made in regard to the newborn infant shall be limited to 20 the efforts made in a timely manner to finalize a permanency 21 plan for the newborn infant. 22 6. An The individual on duty or the medical staff at an 23 institutional health facility , emergency medical care provider 24 location, or fire station, the adoption service provider, or 25 the first responder who assumes physical custody of a newborn 26 infant upon the release of the newborn infant under subsection 27 1 shall be provided notice of any hearing held concerning 28 the newborn infant at the same time notice is provided to 29 other parties to the hearing and the individual on duty or the 30 medical staff, the adoption service provider, or the first 31 responder may provide testimony at the hearing. 32 Sec. ___. Section 233.6, Code 2023, is amended to read as 33 follows: 34 233.6 Educational and public information. 35 -6- SF 561.2118 (3) 90 pf/rn 6/ 8

The department of human services, in consultation with the 1 Iowa department of public health and the department of justice, 2 shall develop and distribute the following: 3 1. An information card or other publication for 4 distribution by an institutional health facility , an emergency 5 medical care provider location, a fire station, an adoption 6 service provider, or a first responder to a parent who releases 7 custody of a newborn infant in accordance with this chapter . 8 The publication shall inform the parent of a parent’s rights 9 under section 233.4 , explain the request for medical history 10 information under section 233.2, subsection 2 , and provide 11 other information deemed pertinent by the departments. 12 2. Educational materials, public information announcements, 13 and other resources to develop awareness of the availability 14 of the newborn safe haven Act and the involvement of adoption 15 service providers among adolescents, young parents, and others 16 who might avail themselves of this chapter . 17 3. Signage that may be used to identify the institutional 18 health facilities , emergency medical care provider locations, 19 fire stations, and adoption service provider locations at which 20 physical custody of a newborn infant may be relinquished in 21 accordance with this chapter . 22 Sec. ___. 2023 Iowa Acts, Senate File 514, section 656, 23 amending section 233.6, unnumbered paragraph 1, Code 2023, as 24 enacted, is amended by striking the section. 25 Sec. ___. 2023 Iowa Acts, House File 425, section 2, 26 amending section 233.2, Code 2023, if enacted, is amended by 27 striking the section. 28 Sec. ___. 2023 Iowa Acts, House File 425, section 4, 29 amending section 233.6, Code 2023, if enacted, is amended by 30 striking the section. 31 Sec. ___. 2023 Iowa Acts, House File 474, section 8, 32 amending section 233.2, Code 2023, if enacted, is amended by 33 striking the section. 34 Sec. ___. 2023 Iowa Acts, House File 474, section 10, 35 -7- SF 561.2118 (3) 90 pf/rn 7/ 8