House Amendment to Senate File 561 S-3221 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 71, after line 3 by inserting: 5 < DIVISION ___ 6 ADMINISTRATOR OF CHILD AND FAMILY SERVICES CONFORMING REPEAL 7 Sec. ___. 2023 Iowa Acts, Senate File 514, section 1357, as 8 enacted, is amended to read as follows: 9 SEC. 1357. REPEAL. Sections 135.2 , 135.3 , 135.6 , 135.7 , 10 135.8 , 135.9 , 135.10 , 216A.2 , 217.7 , 217.8, 217.9 , 217.10 , 11 217.15 , 217.16 , 217.17 , 218.19 , 218.20 , 218.40 , 218.53 , 218.54 , 12 222.6 , 227.19 , 231.22 , and 234.2 , Code 2023, are repealed. > 13 3. Page 77, after line 35 by inserting: 14 < DIVISION ___ 15 SAFE HAVEN ACT HARMONIZATION 16 Sec. ___. Section 233.2, Code 2023, is amended to read as 17 follows: 18 233.2 Newborn infant custody release procedures. 19 1. a. A parent of a newborn infant may voluntarily release 20 custody of the newborn infant by as follows: 21 (1) By relinquishing physical custody of the newborn 22 infant, without expressing an intent to again assume physical 23 custody, at an institutional health facility or a fire station, 24 to an adoption service provider, or by authorizing another 25 person to relinquish physical custody on the parent’s behalf. 26 If physical custody of the newborn infant is not relinquished 27 directly to an individual on duty at the an institutional 28 health facility or a fire station , or to an adoption service 29 provider, the parent may take other actions to be reasonably 30 sure that an the individual on duty or the adoption service 31 provider is aware that the newborn infant has been left at 32 the institutional health facility , the fire station, or the 33 location of the adoption service provider . The actions may 34 include but are not limited to making telephone contact with 35 -1- SF 561.2164.H (1) 90 md 1/ 8 #1. #2. #3.
the institutional health facility , the fire station, or the 1 adoption service provider, or a 911 service. 2 (2) By relinquishing physical custody of the newborn infant 3 to medical staff at a hospital or other facility following 4 delivery of the newborn infant in the hospital or other 5 facility when the parent notifies the medical staff that the 6 parent is voluntarily relinquishing physical custody of the 7 newborn infant without expressing an intent to again assume 8 physical custody. 9 (3) By relinquishing physical custody of the newborn infant 10 at a hospital, a fire station, or an emergency medical care 11 provider location, through a newborn safety device, without 12 expressing an intent to again assume physical custody. 13 b. In lieu of the procedure described in paragraph “a” , 14 a parent of a newborn infant may make telephone contact with 15 a 911 service and relinquish physical custody of the newborn 16 infant, without expressing an intent to again assume physical 17 custody, to a first responder who responds to the 911 telephone 18 call. 19 c. For the purposes of this chapter and for any judicial 20 proceedings associated with the newborn infant, a rebuttable 21 presumption arises that the person who relinquishes physical 22 custody at an institutional health facility or to a first 23 responder in accordance with this section is the newborn 24 infant’s parent or has relinquished physical custody with the 25 parent’s authorization. 26 2. a. Unless the parent or other person relinquishing 27 physical custody of a newborn infant clearly expresses an 28 intent to return to again assume physical custody of the 29 newborn infant, an the individual on duty or the medical staff 30 at the institutional health facility , the emergency medical 31 care provider location, or the fire station at which physical 32 custody of the newborn infant was relinquished, the adoption 33 service provider to whom physical custody of the newborn infant 34 was relinquished, or a the first responder to whom physical 35 -2- SF 561.2164.H (1) 90 md 2/ 8
custody of the newborn infant was relinquished, pursuant 1 to subsection 1 shall take physical custody of the newborn 2 infant. The individual on duty or the medical staff, the 3 adoption service provider, or the first responder who takes 4 physical custody of the newborn infant may request the parent 5 or other person to provide the name of the parent or parents 6 and information on the medical history of the newborn infant 7 and the newborn infant’s parent or parents. However, the 8 parent or other person is not required to provide the names or 9 medical history information to comply with this section . The 10 individual on duty or the medical staff, the adoption service 11 provider, or the first responder who takes physical custody of 12 the newborn infant may perform reasonable acts necessary to 13 protect the physical health or safety of the newborn infant. 14 The individual on duty and or the medical staff, the adoption 15 service provider, and the first responder to whom physical 16 custody of the newborn infant was relinquished, and the 17 institutional health facility in , the emergency medical care 18 provider location, and the fire station at which the individual 19 was on duty and the first responder physical custody of the 20 newborn infant was relinquished are immune from criminal or 21 civil liability for any acts or omissions made in good faith to 22 comply with this section . 23 b. If the physical custody of a newborn infant is 24 relinquished at an emergency medical care provider location or 25 a fire station, to an adoption service provider, or to a first 26 responder, the individual on duty at the emergency medical 27 care provider location or the fire station, the adoption 28 service provider, or the first responder who responded to the 29 911 telephone call shall transport the newborn infant to the 30 nearest institutional health facility. The individual on duty 31 at the emergency medical care provider location or the fire 32 station, the adoption service provider, or the first responder 33 who took physical custody of the newborn infant shall provide 34 any parental identification or medical history information to 35 -3- SF 561.2164.H (1) 90 md 3/ 8
the institutional health facility. 1 c. If the physical custody of the newborn infant is 2 relinquished at an institutional health facility, the state 3 shall reimburse the institutional health facility for the 4 institutional health facility’s actual expenses in providing 5 care to the newborn infant and in performing acts necessary to 6 protect the physical health or safety of the newborn infant. 7 The reimbursement shall be paid from moneys appropriated for 8 this purpose to the department of human services . 9 d. If the name of the parent is unknown to the institutional 10 health facility, the individual on duty at the institutional 11 health facility or other person designated by the institutional 12 health facility at which physical custody of the newborn infant 13 was relinquished shall submit the certificate of birth report 14 as required pursuant to section 144.14 . If the name of the 15 parent is disclosed to the institutional health facility, 16 the facility shall submit the certificate of birth report as 17 required pursuant to section 144.13 . The department of public 18 health shall not file the certificate of birth with the county 19 of birth and shall otherwise maintain the confidentiality of 20 the birth certificate in accordance with section 144.43 . 21 3. a. As soon as possible after the individual on duty 22 or the medical staff, the adoption service provider, or the 23 first responder assumes physical custody of a newborn infant 24 released under subsection 1 , and, if applicable, the individual 25 on duty at the emergency medical care provider location 26 or the fire station, the adoption service provider, or the 27 first responder transports the newborn infant to the nearest 28 institutional health facility under subsection 2, paragraph 29 “b” , the individual or on duty or the medical staff shall notify 30 either the department or an adoption service provider and the 31 first responder shall notify the department of human services 32 and the . The department or the adoption service provider shall 33 take the actions necessary to assume the care, control, and 34 custody of the newborn infant . The as follows: 35 -4- SF 561.2164.H (1) 90 md 4/ 8
(1) If physical custody of the newborn infant was not 1 initially relinquished to an adoption service provider, 2 the department shall immediately notify the juvenile court 3 and the county attorney of the department’s action and the 4 circumstances surrounding the action and request an ex parte 5 order from the juvenile court ordering, in accordance with the 6 requirements of section 232.78 , subsection 9, the department 7 to take custody of the newborn infant. Upon receiving the 8 order, the department shall take custody of the newborn 9 infant. After the department takes custody of the newborn 10 infant, notwithstanding any provision to the contrary relating 11 to priority placement of the child under section 232.78, the 12 department shall, if feasible, place the newborn infant in 13 a prospective adoptive home. The department shall maintain 14 a list of prospective adoptive homes that have completed 15 placement investigations and have been preapproved by the 16 department or a certified adoption investigator. 17 (2) If physical custody of the newborn infant was initially 18 relinquished to an adoption service provider, the adoption 19 service provider shall immediately notify the juvenile court 20 and the county attorney of the adoption service provider’s 21 action and the circumstances surrounding the action and 22 request an ex parte order from the juvenile court ordering, in 23 accordance with the requirements of section 232.78, subsection 24 9, the adoption service provider to take custody of the 25 newborn infant. Upon receiving the order, the adoption service 26 provider shall take custody of the newborn infant. 27 b. Within twenty-four hours of the department or the 28 adoption service provider taking custody of the newborn infant, 29 the department or the adoption service provider shall notify 30 the juvenile court and the county attorney in writing of the 31 department’s or adoption service provider’s action and the 32 circumstances surrounding the action. 33 c. Within twenty-four hours of the adoption service provider 34 taking custody of the newborn infant, the adoption service 35 -5- SF 561.2164.H (1) 90 md 5/ 8
provider shall notify the department in writing that the 1 adoption service provider has taken custody of the newborn 2 infant and will comply with the requirements of chapter 233. 3 4. a. Upon being notified in writing by the department or 4 the adoption service provider under subsection 3 , the county 5 attorney shall file a petition alleging the newborn infant to 6 be a child in need of assistance in accordance with section 7 232.87 and a petition for termination of parental rights with 8 respect to the newborn infant in accordance with section 9 232.111, subsection 2 , paragraph “a” . A hearing on a child in 10 need of assistance petition filed pursuant to this subsection 11 shall be held at the earliest practicable time. A hearing on a 12 termination of parental rights petition filed pursuant to this 13 subsection shall be held no later than thirty days after the 14 day the physical custody of the newborn child was relinquished 15 in accordance with subsection 1 unless the juvenile court 16 continues the hearing beyond the thirty days for good cause 17 shown. 18 b. Notice of a petition filed pursuant to this subsection by 19 either the department or the adoption service provider shall 20 be provided to any known parent and others in accordance with 21 the provisions of chapter 232 and shall be served upon any 22 putative father registered with the state registrar of vital 23 statistics pursuant to section 144.12A . In addition, prior to 24 holding a termination of parental rights hearing with respect 25 to the newborn infant, notice by publication shall be provided 26 as described in section 600A.6, subsection 5 . 27 5. Reasonable efforts, as defined in section 232.102 , that 28 are made in regard to the newborn infant shall be limited to 29 the efforts made in a timely manner to finalize a permanency 30 plan for the newborn infant. 31 6. An The individual on duty or the medical staff at an 32 institutional health facility , emergency medical care provider 33 location, or fire station, the adoption service provider, or 34 the first responder who assumes physical custody of a newborn 35 -6- SF 561.2164.H (1) 90 md 6/ 8
infant upon the release of the newborn infant under subsection 1 1 shall be provided notice of any hearing held concerning 2 the newborn infant at the same time notice is provided to 3 other parties to the hearing and the individual on duty or the 4 medical staff, the adoption service provider, or the first 5 responder may provide testimony at the hearing. 6 Sec. ___. Section 233.6, Code 2023, is amended to read as 7 follows: 8 233.6 Educational and public information. 9 The department of human services, in consultation with the 10 Iowa department of public health and the department of justice, 11 shall develop and distribute the following: 12 1. An information card or other publication for 13 distribution by an institutional health facility , an emergency 14 medical care provider location, a fire station, an adoption 15 service provider, or a first responder to a parent who releases 16 custody of a newborn infant in accordance with this chapter . 17 The publication shall inform the parent of a parent’s rights 18 under section 233.4 , explain the request for medical history 19 information under section 233.2, subsection 2 , and provide 20 other information deemed pertinent by the departments. 21 2. Educational materials, public information announcements, 22 and other resources to develop awareness of the availability 23 of the newborn safe haven Act and the involvement of adoption 24 service providers among adolescents, young parents, and others 25 who might avail themselves of this chapter . 26 3. Signage that may be used to identify the institutional 27 health facilities , emergency medical care provider locations, 28 fire stations, and adoption service provider locations at which 29 physical custody of a newborn infant may be relinquished in 30 accordance with this chapter . 31 Sec. ___. 2023 Iowa Acts, Senate File 514, section 656, 32 amending section 233.6, unnumbered paragraph 1, Code 2023, as 33 enacted, is amended by striking the section. 34 Sec. ___. 2023 Iowa Acts, House File 425, section 2, 35 -7- SF 561.2164.H (1) 90 md 7/ 8
amending section 233.2, Code 2023, if enacted, is amended by 1 striking the section. 2 Sec. ___. 2023 Iowa Acts, House File 425, section 4, 3 amending section 233.6, Code 2023, if enacted, is amended by 4 striking the section. 5 Sec. ___. 2023 Iowa Acts, House File 474, section 8, 6 amending section 233.2, Code 2023, if enacted, is amended by 7 striking the section. 8 Sec. ___. 2023 Iowa Acts, House File 474, section 10, 9 amending section 233.6, Code 2023, if enacted, is amended by 10 striking the section. > 11 4. By renumbering as necessary. 12 -8- SF 561.2164.H (1) 90 md 8/ 8