Alabama 2022 Regular Session

Alabama House Bill HB529 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB529
2	2	2 218051-1
3	3	3 By Representative Mooney
4	4	4 RFD: Children and Senior Advocacy
5	5	5 First Read: 29-MAR-22
6	6
7	7	Page 0 1 218051-1:n:03/01/2022:GP/ma LSA2022-807
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13	13	7
14	14	8 SYNOPSIS: Under existing law, a parent may surrender a
15	15	9 72-hour old or younger infant to a hospital that
16	16	10 operates an emergency department.
17	17	11 Under existing law, a parent who surrenders
18	18	12 a child has an affirmative defense to the charges
19	19	13 of nonsupport, abandonment of child, and
20	20	14 endangering the welfare of a child.
21	21	15 This bill would repeal existing law relating
22	22	16 to leaving an abandoned infant with an emergency
23	23	17 medical services provider and replace it with a new
24	24	18 Safe Harbor Act.
25	25	19 This bill would allow a parent to surrender
26	26	20 a seven-day old or younger newborn infant to a fire
27	27	21 station or emergency medical services station.
28	28	22 This bill would allow a mother who gives
29	29	23 birth in a hospital to leave a newborn infant at
30	30	24 the hospital and to decline being named on the
31	31	25 infant's birth certificate.
32	32	Page 1 1 This bill would require a fire station,
33	33	2 emergency medical services station, or hospital to
34	34	3 accept a surrendered newborn infant.
35	35	4 This bill would require certain hospitals to
36	36	5 provide medical care to the infant and presume that
37	37	6 the infant qualifies for Medicaid.
38	38	7 This bill would require the Department of
39	39	8 Human Resources to take custody of the surrendered
40	40	9 newborn infant and place the infant with a licensed
41	41	10 child placing agency.
42	42	11 This bill would provide that a surrendered
43	43	12 newborn is not considered abandoned and is not
44	44	13 subject to any reporting and investigation
45	45	14 requirements, unless there is actual or suspected
46	46	15 child abuse or neglect. If there is actual or
47	47	16 suspected child abuse or neglect, a hospital must
48	48	17 report it.
49	49	18 This bill would allow a parent who
50	50	19 surrenders a newborn infant to reclaim custody of
51	51	20 the infant until a court terminates parental
52	52	21 rights.
53	53	22 This bill would absolve hospitals, fire
54	54	23 stations, and emergency medical services stations
55	55	24 from certain liability relating to the care of a
56	56	25 surrendered newborn infant.
57	57	Page 2 1 This bill would also authorize the
58	58	2 Department of Human Resources to adopt rules to
59	59	3 implement this chapter.
60	60	4
61	61	5 A BILL
62	62	6 TO BE ENTITLED
63	63	7 AN ACT
64	64	8
65	65	9 Relating to infants; to repeal Sections 26-25-1
66	66	10 through 26-25-5, Code of Alabama 1975, relating to leaving an
67	67	11 abandoned infant with an emergency medical services provider;
68	68	12 to add a new Chapter 25A to Title 26 of the Code of Alabama
69	69	13 1975, consisting of Section 26-25A-1 through 26-25A-7; to
70	70	14 create the Alabama Safe Harbor Act; to require fire stations,
71	71	15 emergency medical services providers, and certain hospitals to
72	72	16 accept a surrendered newborn infant; to give the Department of
73	73	17 Human Resources custody of a surrendered newborn infant; to
74	74	18 allow a parent who surrenders a newborn infant to reclaim the
75	75	19 infant in certain circumstances; to exempt a surrendered
76	76	20 newborn infant from certain reporting requirements; to exempt
77	77	21 fire stations, emergency medical services providers, and
78	78	22 certain hospitals from certain liability relating to the care
79	79	23 of a surrendered newborn infant, unless there is actual or
80	80	24 suspected child abuse or neglect; and to authorize the
81	81	25 Department of Human Resources to adopt rules.
82	82	26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
83	83	Page 3 1 Section 1. Chapter 25A is added to Title 26 of the
84	84	2 Code of Alabama 1975, to read as follows:
85	85	3 §26-25A-1.
86	86	4 This chapter shall be known and may be cited as the
87	87	5 Alabama Safe Harbor Act.
88	88	6 §26-25A-2.
89	89	7 For the purposes of this chapter, the following
90	90	8 terms have the following meanings:
91	91	9 (1) CHILD-PLACING AGENCY. The same meaning as
92	92	10 defined in Section 38-7-2, as amended by Act 2021-225, 2021
93	93	11 Regular Session.
94	94	12 (2) EMERGENCY MEDICAL SERVICES PROVIDER. A
95	95	13 paramedic, emergency medical technician - intermediate,
96	96	14 advanced emergency medical technician, or emergency medical
97	97	15 technician who is currently licensed with the Alabama
98	98	16 Department of Public Health, Office of Emergency Medical
99	99	17 Services.
100	100	18 (3) EMERGENCY MEDICAL SERVICES STATION. An
101	101	19 organization, whether public or private, that is staffed with
102	102	20 full-time emergency medical services providers and provides
103	103	21 transport or non-transport emergency medical services.
104	104	22 (4) HOSPITAL. A licensed hospital, as defined in
105	105	23 Section 22-21-20, which operates an emergency department. This
106	106	24 term does not include the offices, clinics, surgeries, or
107	107	25 treatment facilities of private physicians or dentists.
108	108	26 (5) NEWBORN INFANT. A child who a licensed physician
109	109	27 reasonably believes is approximately seven days old or younger
110	110	Page 4 1 at the time the child is left at a hospital, emergency
111	111	2 services station, or fire station.
112	112	3 §26-25A-3.
113	113	4 (a) An emergency medical services station or fire
114	114	5 station staffed with full-time firefighter, without a court
115	115	6 order, shall accept any newborn infant if the newborn infant
116	116	7 is voluntarily delivered to a firefighter or emergency medical
117	117	8 services provider by the parent and the parent did not express
118	118	9 an intent to return for the newborn infant.
119	119	10 (b) After accepting a newborn infant pursuant to
120	120	11 this section, a firefighter or emergency medical services
121	121	12 provider shall take the following actions:
122	122	13 (1) Provide medical services to the newborn infant
123	123	14 to the extent that he or she is trained to provide those
124	124	15 services.
125	125	16 (2) Arrange for the immediate transfer of the
126	126	17 newborn infant to the nearest hospital having emergency
127	127	18 services.
128	128	19 (c)(1) A hospital shall accept any newborn infant
129	129	20 born in the hospital, if the mother expresses intent to leave
130	130	21 the newborn infant and not return.
131	131	22 (2) Upon the mother's request, the hospital or
132	132	23 registrar shall complete the newborn infant's birth
133	133	24 certificate without naming the mother thereon.
134	134	25 (d) There is a presumption that a parent who leaves
135	135	26 a newborn infant in accordance with this section intended to
136	136	27 leave the newborn infant, gave implied consent to the actions
137	137	Page 5 1 in this section, and consented to the termination of parental
138	138	2 rights.
139	139	3 (e)(1) Each hospital shall admit and provide all
140	140	4 necessary emergency services and care to any newborn infant
141	141	5 left with the hospital in accordance with this section.
142	142	6 (2) The hospital and its licensed health care
143	143	7 professionals shall have implied consent to perform all
144	144	8 necessary emergency services, care, and treatment upon the
145	145	9 acceptance of a newborn infant pursuant to this section.
146	146	10 (3) Any newborn infant admitted to a hospital in
147	147	11 accordance with this chapter is presumed eligible for coverage
148	148	12 under Medicaid, subject to federal rules.
149	149	13 Section 2. §26-25A-4.
150	150	14 (a) Upon admitting a newborn infant under this
151	151	15 chapter, the hospital shall immediately notify the Department
152	152	16 of Human Resources that the hospital has taken possession of a
153	153	17 newborn infant. The department shall assume the care, control,
154	154	18 and custody of the child immediately on receipt of notice
155	155	19 pursuant to this section.
156	156	20 (b) Upon the newborn infant's release from the
157	157	21 hospital, the department shall coordinate the newborn infant's
158	158	22 placement with a licensed child-placing agency. The licensed
159	159	23 child-placing agency shall take physical custody of the infant
160	160	24 following release from the hospital.
161	161	25 Section 3. §26-25A-5.
162	162	26 (a)(1) A criminal investigation shall not be
163	163	27 initiated solely because a newborn infant is left at a
164	164	Page 6 1 hospital under this chapter unless there is actual or
165	165	2 suspected child abuse.
166	166	3 (2) In cases where there is actual or suspected
167	167	4 child abuse or neglect, as defined in Section 26-14-1, the
168	168	5 hospital or any of its licensed health care professionals
169	169	6 shall report the actual or suspected child abuse or neglect as
170	170	7 provided in Section 26-14-3.
171	171	8 (3) It is an affirmative defense to prosecution
172	172	9 under Sections 13A-13-4, 13A-13-5, and 13A-13-6, if a parent
173	173	10 voluntarily surrenders a newborn infant pursuant to this
174	174	11 chapter.
175	175	12 (b) Except when there is actual or suspected child
176	176	13 abuse or neglect, any parent who leaves a newborn infant with
177	177	14 a firefighter or emergency medical provider at a fire station
178	178	15 or emergency medical services station, or brings a newborn
179	179	16 infant to an emergency room of a hospital and expresses an
180	180	17 intent to leave the newborn infant and not return, has the
181	181	18 absolute right to remain anonymous and leave at any time and
182	182	19 may not be pursued or followed unless the parent seeks to
183	183	20 reclaim the newborn infant.
184	184	21 (c) A parent of a newborn infant left at a hospital,
185	185	22 emergency medical services station, or fire station under this
186	186	23 section may claim his or her newborn infant until the court
187	187	24 enters a judgment terminating his or her parental rights. A
188	188	25 claim to the newborn infant must be made to the entity having
189	189	26 physical or legal custody of the newborn infant or to the
190	190	Page 7 1 court of probate before whom proceedings involving the newborn
191	191	2 infant are pending.
192	192	3 Section 4. §26-25A-6.
193	193	4 (a) All of the following shall be immune from
194	194	5 criminal or civil liability for acting in good faith in
195	195	6 accordance with this section:
196	196	7 (1) A fire station, or an employee or agent of a
197	197	8 fire station.
198	198	9 (2) An emergency medical services station, or an
199	199	10 emergency medical services provider.
200	200	11 (3) A hospital, or any of its licensed health care
201	201	12 professionals.
202	202	13 (b) Nothing in this section limits liability for
203	203	14 negligence.
204	204	15 Section 5. §26-25A-7.
205	205	16 The Department of Human Resources is authorized to
206	206	17 adopt reasonable rules relating to the administration and
207	207	18 enforcement of this chapter.
208	208	19 Section 6. Chapter 25 of Title 26 of the Code of
209	209	20 Alabama 1975, consisting of Section 26-25-1 through 26-25-5,
210	210	21 relating to leaving an abandoned infant with emergency medical
211	211	22 services providers, is repealed.
212	212	23 Section 7. This act shall become effective on the
213	213	24 first day of the third month following its passage and
214	214	25 approval by the Governor, or its otherwise becoming law.
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