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CS FOR SENATE BILL NO. 9(HSS)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE SENATE HEALTH AND S OCIAL SERVICES COMMITTEE
Offered: 3/14/25
Referred: Judiciary
Sponsor(s): SENATORS MYERS, Giessel, Hughes, Cronk
A BILL
FOR AN ACT ENTITLED
"An Act relating to the surrender of infants; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 47.10.013(c) is amended to read: 3
(c) A parent who is immune from prosecution under AS 11.81.500 and 4
chooses to surrender an infant shall surrender the infant in the manner described in this 5
subsection. Surrendering the infant in the manner described in this subsection 6
constitutes abandonment for purposes of this chapter. An infant's parent is considered 7
to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 8
AS 47.10.120, the parent's legal duty to support the infant is extinguished if 9
(1) the parent, without expressing an intent to return for the infant, 10
leaves the infant 11
(A) in the physical custody of a person who
12
(i) [IS A (A) PERSON] the parent reasonably believes 13
would provide for the health and safety of the infant and who would act 14
appropriately to care for the infant; 15 34-LS0085\G
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(ii) is a [(B)] peace officer, community health aide, 1
physician, or hospital employee; or 2
(iii) [(C) PERSON WHO] is employed by or is a 3
volunteer for a fire department or emergency medical service, if the 4
person is acting within the scope of the person's fire department or 5
emergency medical service duties; or 6
(B) in an infant safety device that 7
(i) is physically affixed to an exterior wall or located 8
inside of a hospital, emergency department, freestanding birth 9
center as defined in AS 47.32.900, health facility as defined in 10
AS 47.07.900 that is owned or managed by a tribal health 11
organization as defined in AS 17.30.200(d), office of a private 12
physician whether in individual or group practice, rural health 13
clinic as defined in AS 47.32.900, municipal police department, 14
state trooper post, fire department, or other facility designated by 15
the commissioner as an appropriate location for an infant safety 16
device under regulations adopted by the commissioner; and 17
(ii) meets the requirements of (h) of this section; and 18
(2) there is no evidence the infant has been physically injured before 19
abandonment. 20
* Sec. 2. AS 47.10.013(d) is amended to read: 21
(d) A person to whom an infant is surrendered in the manner described in 22
(c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 23
(1) act appropriately to care for the infant; 24
(2) inform the parent that the parent may, but is not required to, answer 25
any questions regarding the name, identity, and medical history of the infant and 26
parents of the infant unless the parent chooses to contact the department under (3) of 27
this subsection; 28
(3) ask the parent if the parent wishes to relinquish the parent's 29
parental rights and release the infant for adoption; if the answer is affirmative, the 30
person shall contact the department so that the parent can discuss that option with the 31 34-LS0085\G
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department; 1
(4) immediately notify the nearest office of the department that the 2
infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 3
section. 4
* Sec. 3. AS 47.10.013(e) is amended to read: 5
(e) An individual, agency, designated facility, or entity that receives an infant 6
abandoned safely under (c) of this section is not liable for civil damages for failure to 7
discharge the duties listed in (d) of this section. 8
* Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 9
(g) A designated facility that receives an infant surrendered under (c)(1)(B) of 10
this section shall immediately notify the nearest office of the department that the infant 11
has been surrendered under (c)(1)(B) of this section. 12
(h) An infant safety device must be 13
(1) located in an area that is conspicuous and visible to employees of a 14
designated facility; 15
(2) climate-controlled; 16
(3) clearly marked with appropriate signage that includes 17
(A) the phone number for a service that provides support for 18
parents in crisis; 19
(B) a list of alternatives to using the infant safety device; 20
(C) a statement that placing an infant into the infant safety 21
device constitutes abandonment and may lead to the involuntary termination of 22
the parent's rights to the child and the release of the child for adoption or other 23
permanent placement; 24
(4) equipped with 25
(A) a system that automatically transmits a request to the 911 26
emergency system for the immediate dispatch of an emergency medical 27
services provider to the location of the infant safety device when the infant 28
safety device is opened; 29
(B) a video surveillance system that allows employees of the 30
designated facility to monitor the interior of the infant safety device 24 hours a 31 34-LS0085\G
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day; and 1
(C) an automated lock that secures the infant inside the infant 2
safety device after deposit; and 3
(5) approved by the department; in determining whether to approve a 4
proposed infant safety device, the department shall consider 5
(A) whether the device is an appropriate size; 6
(B) the safety of the device; and 7
(C) ways to minimize unauthorized uses of the device. 8
(i) The department may provide training to emergency medical service 9
providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 10
employees of a designated facility in how to implement and comply with the 11
requirements for the surrender of an infant as described in this section. 12
(j) If the department determines that an infant abandoned under (c)(1)(B) of 13
this section is an Indian child, the department shall immediately contact the Indian 14
child's tribe. 15
(k) In this section, "designated facility" means a facility described in 16
(c)(1)(B)(i) of this section that has an infant safety device located at the facility. 17
* Sec. 5. This Act takes effect July 1, 2026. 18