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

S.F. 360 presumption arises that the person who relinquishes physical 1 custody at an institutional health facility or to a first 2 responder in accordance with this section is the newborn 3 infant’s parent or has relinquished physical custody with the 4 parent’s authorization. 5 2. a. Unless the parent or other person relinquishing 6 physical custody of a newborn infant clearly expresses an 7 intent to return to again assume physical custody of the 8 newborn infant, an individual on duty at the facility at which 9 physical custody of the newborn infant was relinquished , or 10 a first responder to whom physical custody of the newborn 11 infant was relinquished, pursuant to subsection 1 shall take 12 physical custody of the newborn infant. The individual on 13 duty or first responder may request the parent or other person 14 to provide the name of the parent or parents and information 15 on the medical history of the newborn infant and the newborn 16 infant’s parent or parents. However, the parent or other 17 person is not required to provide the names or medical history 18 information to comply with this section . The individual on 19 duty or first responder may perform reasonable acts necessary 20 to protect the physical health or safety of the newborn infant. 21 The individual on duty and the institutional health facility 22 in which the individual was on duty and the first responder 23 are immune from criminal or civil liability for any acts or 24 omissions made in good faith to comply with this section . 25 b. If the physical custody of a newborn infant is 26 relinquished to a first responder, the first responder shall 27 transport the newborn infant to the nearest institutional 28 health facility. The first responder shall provide any 29 parental identification or medical history information to the 30 institutional health facility. 31 b. c. If the physical custody of the newborn infant is 32 relinquished at an institutional health facility, the state 33 shall reimburse the institutional health facility for the 34 institutional health facility’s actual expenses in providing 35 -2- SF 360 (3) 87 hb/nh/jh 2/ 4

S.F. 360 care to the newborn infant and in performing acts necessary to 1 protect the physical health or safety of the newborn infant. 2 The reimbursement shall be paid from moneys appropriated for 3 this purpose to the department of human services. 4 c. d. If the name of the parent is unknown to the 5 institutional health facility, the individual on duty or other 6 person designated by the institutional health facility at which 7 physical custody of the newborn infant was relinquished shall 8 submit the certificate of birth report as required pursuant 9 to section 144.14 . If the name of the parent is disclosed 10 to the institutional health facility, the facility shall 11 submit the certificate of birth report as required pursuant to 12 section 144.13 . The department of public health shall not file 13 the certificate of birth with the county of birth and shall 14 otherwise maintain the confidentiality of the birth certificate 15 in accordance with section 144.43 . 16 3. As soon as possible after the individual on duty or 17 first responder assumes physical custody of a newborn infant 18 released under subsection 1 , the individual shall notify the 19 department of human services and the department shall take the 20 actions necessary to assume the care, control, and custody of 21 the newborn infant. The department shall immediately notify 22 the juvenile court and the county attorney of the department’s 23 action and the circumstances surrounding the action and 24 request an ex parte order from the juvenile court ordering, 25 in accordance with the requirements of section 232.78 , the 26 department to take custody of the newborn infant. Upon 27 receiving the order, the department shall take custody of the 28 newborn infant. Within twenty-four hours of taking custody of 29 the newborn infant, the department shall notify the juvenile 30 court and the county attorney in writing of the department’s 31 action and the circumstances surrounding the action. 32 6. An individual on duty at an institutional health facility 33 or first responder who assumes custody of a newborn infant upon 34 the release of the newborn infant under subsection 1 shall be 35 -3- SF 360 (3) 87 hb/nh/jh 3/ 4

S.F. 360 provided notice of any hearing held concerning the newborn 1 infant at the same time notice is provided to other parties to 2 the hearing and the individual may provide testimony at the 3 hearing. 4 Sec. 4. Section 233.5, subsection 1, Code 2017, is amended 5 to read as follows: 6 1. a. In addition to any other privacy protection 7 established in law, a record that is developed, acquired, or 8 held in connection with an individual’s good faith effort 9 to voluntarily release a newborn infant in accordance with 10 this chapter and any identifying information concerning the 11 individual shall be kept confidential. Such record shall not 12 be inspected or the contents disclosed except as provided in 13 this section . 14 b. Any transcripts or recording of a 911 service telephone 15 call that is made for the purpose of an individual’s good faith 16 effort to voluntarily release custody of a newborn infant in 17 accordance with this chapter and any identifying information 18 concerning the individual shall be kept confidential. Such 19 transcripts or recording of a 911 service telephone call shall 20 not be inspected or the contents disclosed except as provided 21 in this section. 22 -4- SF 360 (3) 87 hb/nh/jh 4/ 4