AK
Alaska Senate Bill SB9

Alaska 2025-2026 Regular Session

Alaska Senate Bill SB9 Compare Versions

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2-SB0009B -1- CSSB 9(HSS)
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10-CS FOR SENATE BILL NO. 9(HSS)
10+
11+ SENATE BILL NO. 9
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE SENATE HEALTH AND S OCIAL SERVICES COMMITTEE
17+BY SENATOR MYERS
1718
18-Offered: 3/14/25
19-Referred: Judiciary
19+Introduced: 1/10/25
20+Referred: Prefiled
2021
21-Sponsor(s): SENATORS MYERS, Giessel, Hughes, Cronk
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to the surrender of infants; and providing for an effective date." 1
2728 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
2829 * Section 1. AS 47.10.013(c) is amended to read: 3
2930 (c) A parent who is immune from prosecution under AS 11.81.500 and 4
3031 chooses to surrender an infant shall surrender the infant in the manner described in this 5
3132 subsection. Surrendering the infant in the manner described in this subsection 6
3233 constitutes abandonment for purposes of this chapter. An infant's parent is considered 7
3334 to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 8
3435 AS 47.10.120, the parent's legal duty to support the infant is extinguished if 9
3536 (1) the parent, without expressing an intent to return for the infant, 10
3637 leaves the infant 11
3738 (A) in the physical custody of a person who
3839 12
3940 (i) [IS A (A) PERSON] the parent reasonably believes 13
4041 would provide for the health and safety of the infant and who would act 14
41-appropriately to care for the infant; 15 34-LS0085\G
42-CSSB 9(HSS) -2- SB0009B
42+appropriately to care for the infant; 15 34-LS0085\I
43+SB 9 -2- SB0009A
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4546 (ii) is a [(B)] peace officer, community health aide, 1
4647 physician, or hospital employee; or 2
4748 (iii) [(C) PERSON WHO] is employed by or is a 3
4849 volunteer for a fire department or emergency medical service, if the 4
4950 person is acting within the scope of the person's fire department or 5
5051 emergency medical service duties; or 6
5152 (B) in an infant safety device that 7
5253 (i) is physically affixed to an exterior wall or located 8
5354 inside of a hospital, emergency department, freestanding birth 9
54-center as defined in AS 47.32.900, health facility as defined in 10
55-AS 47.07.900 that is owned or managed by a tribal health 11
56-organization as defined in AS 17.30.200(d), office of a private 12
57-physician whether in individual or group practice, rural health 13
58-clinic as defined in AS 47.32.900, municipal police department, 14
59-state trooper post, fire department, or other facility designated by 15
60-the commissioner as an appropriate location for an infant safety 16
61-device under regulations adopted by the commissioner; and 17
62-(ii) meets the requirements of (h) of this section; and 18
63-(2) there is no evidence the infant has been physically injured before 19
64-abandonment. 20
65- * Sec. 2. AS 47.10.013(d) is amended to read: 21
66-(d) A person to whom an infant is surrendered in the manner described in 22
67-(c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 23
68-(1) act appropriately to care for the infant; 24
69-(2) inform the parent that the parent may, but is not required to, answer 25
70-any questions regarding the name, identity, and medical history of the infant and 26
71-parents of the infant unless the parent chooses to contact the department under (3) of 27
72-this subsection; 28
73-(3) ask the parent if the parent wishes to relinquish the parent's 29
74-parental rights and release the infant for adoption; if the answer is affirmative, the 30
75-person shall contact the department so that the parent can discuss that option with the 31 34-LS0085\G
76-SB0009B -3- CSSB 9(HSS)
55+center as defined in AS 47.32.900, office of a private physician 10
56+whether in individual or group practice, rural health clinic as 11
57+defined in AS 47.32.900, municipal police department, state trooper 12
58+post, fire department, or other facility designated by the 13
59+commissioner as an appropriate location for an infant safety device 14
60+under regulations adopted by the commissioner; and 15
61+(ii) meets the requirements of (h) of this section; and 16
62+(2) there is no evidence the infant has been physically injured before 17
63+abandonment. 18
64+ * Sec. 2. AS 47.10.013(d) is amended to read: 19
65+(d) A person to whom an infant is surrendered in the manner described in 20
66+(c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 21
67+(1) act appropriately to care for the infant; 22
68+(2) inform the parent that the parent may, but is not required to, answer 23
69+any questions regarding the name, identity, and medical history of the infant and 24
70+parents of the infant unless the parent chooses to contact the department under (3) of 25
71+this subsection; 26
72+(3) ask the parent if the parent wishes to relinquish the parent's 27
73+parental rights and release the infant for adoption; if the answer is affirmative, the 28
74+person shall contact the department so that the parent can discuss that option with the 29
75+department; 30
76+(4) immediately notify the nearest office of the department that the 31 34-LS0085\I
77+SB0009A -3- SB 9
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79-department; 1
80-(4) immediately notify the nearest office of the department that the 2
81-infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 3
82-section. 4
83- * Sec. 3. AS 47.10.013(e) is amended to read: 5
84-(e) An individual, agency, designated facility, or entity that receives an infant 6
85-abandoned safely under (c) of this section is not liable for civil damages for failure to 7
86-discharge the duties listed in (d) of this section. 8
87- * Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 9
88-(g) A designated facility that receives an infant surrendered under (c)(1)(B) of 10
89-this section shall immediately notify the nearest office of the department that the infant 11
90-has been surrendered under (c)(1)(B) of this section. 12
91-(h) An infant safety device must be 13
92-(1) located in an area that is conspicuous and visible to employees of a 14
93-designated facility; 15
94-(2) climate-controlled; 16
95-(3) clearly marked with appropriate signage that includes 17
96-(A) the phone number for a service that provides support for 18
97-parents in crisis; 19
98-(B) a list of alternatives to using the infant safety device; 20
99-(C) a statement that placing an infant into the infant safety 21
100-device constitutes abandonment and may lead to the involuntary termination of 22
101-the parent's rights to the child and the release of the child for adoption or other 23
102-permanent placement; 24
103-(4) equipped with 25
104-(A) a system that automatically transmits a request to the 911 26
105-emergency system for the immediate dispatch of an emergency medical 27
106-services provider to the location of the infant safety device when the infant 28
107-safety device is opened; 29
108-(B) a video surveillance system that allows employees of the 30
109-designated facility to monitor the interior of the infant safety device 24 hours a 31 34-LS0085\G
110-CSSB 9(HSS) -4- SB0009B
80+infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 1
81+section. 2
82+ * Sec. 3. AS 47.10.013(e) is amended to read: 3
83+(e) An individual, agency, designated facility, or entity that receives an infant 4
84+abandoned safely under (c) of this section is not liable for civil damages for failure to 5
85+discharge the duties listed in (d) of this section. 6
86+ * Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 7
87+(g) A designated facility that receives an infant surrendered under (c)(1)(B) of 8
88+this section shall immediately notify the nearest office of the department that the infant 9
89+has been surrendered under (c)(1)(B) of this section. 10
90+(h) An infant safety device must be 11
91+(1) located in an area that is conspicuous and visible to employees of a 12
92+designated facility; 13
93+(2) climate-controlled; 14
94+(3) clearly marked with appropriate signage, as determined by the 15
95+department; and 16
96+(4) equipped with 17
97+(A) a system that automatically transmits a request to the 911 18
98+emergency system for the immediate dispatch of an emergency medical 19
99+services provider to the location of the infant safety device when the infant 20
100+safety device is opened; 21
101+(B) a video surveillance system that allows employees of the 22
102+designated facility to monitor the interior of the infant safety device 24 hours a 23
103+day; and 24
104+(C) an automated lock that secures the infant inside the infant 25
105+safety device after deposit. 26
106+(i) The department may provide training to emergency medical service 27
107+providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 28
108+employees of a designated facility in how to implement and comply with the 29
109+requirements for the surrender of an infant as described in this section. 30
110+(j) In this section, "designated facility" means a facility described in 31 34-LS0085\I
111+SB 9 -4- SB0009A
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113-day; and 1
114-(C) an automated lock that secures the infant inside the infant 2
115-safety device after deposit; and 3
116-(5) approved by the department; in determining whether to approve a 4
117-proposed infant safety device, the department shall consider 5
118-(A) whether the device is an appropriate size; 6
119-(B) the safety of the device; and 7
120-(C) ways to minimize unauthorized uses of the device. 8
121-(i) The department may provide training to emergency medical service 9
122-providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 10
123-employees of a designated facility in how to implement and comply with the 11
124-requirements for the surrender of an infant as described in this section. 12
125-(j) If the department determines that an infant abandoned under (c)(1)(B) of 13
126-this section is an Indian child, the department shall immediately contact the Indian 14
127-child's tribe. 15
128-(k) In this section, "designated facility" means a facility described in 16
129-(c)(1)(B)(i) of this section that has an infant safety device located at the facility. 17
130- * Sec. 5. This Act takes effect July 1, 2026. 18
114+(c)(1)(B)(i) of this section that has an infant safety device located at the facility. 1
115+ * Sec. 5. This Act takes effect July 1, 2026. 2