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repealed.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
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#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
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561.2164.H
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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
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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
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(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
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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
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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