AL
Alabama House Bill HB473

Alabama 2023 Regular Session

Alabama House Bill HB473 Compare Versions

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44 By Representatives Givens, Holk-Jones, Fidler, Lomax, Gidley,
55 Simpson, Shirey, Lamb, Lovvorn, Marques, Baker, Clouse,
66 Blackshear, Crawford, Paramore, Wood (D), Wilcox, Harrison,
77 Bedsole, Butler, Robertson, Hammett, Pettus, Shaw, Sellers,
88 Yarbrough, Brown, Sorrells, Rehm, Stadthagen, Lipscomb,
99 Oliver, Paschal, DuBose, Shaver
1010 RFD: Children and Senior Advocacy
1111 First Read: 16-May-23
1212 2023 Regular Session
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24-Enrolled, An Act,
25-Relating to the surrender of infants; to amend
26-Sections 26-25-1, 26-25-2, 26-25-3, and 26-25-5, Code of
27-Alabama 1975, and to add Sections 26-25-1.1 and 26-25-1.2 to
28-the Code of Alabama 1975; to provide for the surrender of an
29-infant to an emergency medical services provider or a
30-hospital; to provide for the surrender of an infant in a baby
31-safety device that meets certain requirements; to authorize
32-the Department of Public Health to adopt rules relating to
33-baby safety devices; to provide for an investigation into
34-whether a surrendered infant is a missing child; to provide an
35-affirmative defense to certain charges to parents who
36-surrender an infant; to further provide for civil immunity for
37-emergency medical services providers who accept surrendered
38-infants; and to repeal Section 26-25-4, Code of Alabama 1975.
39-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
40-Section 1. Sections 26-25-1, 26-25-2, 26-25-3, and
41-26-25-5, Code of Alabama 1975, are amended to read as follows:
42-"§26-25-1
43-(a) For the purposes of this chapter, the following
44-terms have the following meanings:
45-(1) BABY SAFETY DEVICE. A device installed at an
46-emergency medical services provider pursuant to Section
47-26-25-1.2 for the purpose of permitting a parent to
48-anonymously surrender his or her infant.
49-(2) DEPARTMENT. The Department of Public HealthHuman
24+SYNOPSIS:
25+Under existing law, a parent may surrender an
26+infant 72 hours or younger to an emergency medical
27+services provider, and the Department of Human
28+Resources assumes legal custody of an infant
29+surrendered to an emergency medical services provider.
30+Also under existing law, an individual or entity
31+who takes possession of a surrendered infant is not
32+liable to any claim for damages arising from the
33+surrender.
34+This bill would allow a parent to anonymously
35+surrender an infant 45 days old or younger to certain
36+emergency medical services providers, and would revise
37+the definition of "emergency medical services
38+provider."
39+This bill would allow a mother, following labor
40+and delivery, to anonymously surrender a newborn infant
41+to the hospital and not be placed on the birth
42+certificate.
43+This bill would allow an emergency medical
44+services provider to install and maintain a baby safety
45+device, provided that the device meets certain
46+requirements.
47+This bill would allow the Department of Public
48+Health to adopt rules relating to baby safety devices.
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79-Resources.
80-(3) EMERGENCY MEDICAL SERVICES PROVIDER. All of the
81-following entities:
82-a. A licensed hospital, as defined in Section 22-21-20,
83-which operates an emergency department. This term does not
84-include either of the following:
85-1. theThe offices, clinics, surgeries, or treatment
86-facilities of private physicians or dentists.
87-2. Any individual licensed healthcare provider,
88-including a physician, dentist, nurse, physician assistant, or
89-any other health professional , unless the individual
90-voluntarily assumes responsibility for the custody of the
91-child pursuant to subsection (c) .
92-b. Any state or local law enforcement agency, or fire
93-station, or ambulance station, provided that it is staffed 24
94-hours a day, seven days a week, 365 days a year with at least
95-one emergency medical services personnel, as defined by
96-Section 22-18-1.
97-(4) INFANT. A child 45 days old or younger.
98-(b)(1) An emergency medical services provider, without
99-a court order, shall take possession of a child an infant who
100-is 72 hours 45 days old or younger if the child is voluntarily
101-delivered to the provider by the child's parent in each of the
102-following circumstances:
103-a. The infant's parent delivers the infant to an
104-emergency medical services provider.
105-b. The infant's parent places the infant in a baby
106-safety device that meets the requirements of Section
78+This bill would require local law enforcement
79+agencies to investigate whether any surrendered infant
80+is a missing child.
81+Under existing law, a parent who surrenders his
82+or her child is provided an affirmative defense to
83+certain charges.
84+This bill would extend the affirmative defense
85+to individuals acting on behalf of the parent.
86+This bill would also provide that an individual
87+or entity who takes possession of a surrendered infant
88+is immune from civil liability relating to the
89+surrender, unless the individual or entity committed
90+gross negligence or willful misconduct.
91+A BILL
92+TO BE ENTITLED
93+AN ACT
94+Relating to the surrender of infants; to amend Sections
95+26-25-1, 26-25-2, 26-25-3, and 26-25-5, Code of Alabama 1975,
96+and to add Sections 26-25-1.1 and 26-25-1.2 to the Code of
97+Alabama 1975; to provide for the surrender of an infant to an
98+emergency medical services provider or a hospital; to provide
99+for the surrender of an infant in a baby safety device that
100+meets certain requirements; to authorize the Department of
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136-26-25-1.1, provided that and the parent did not express an
137-intent to return for the child infant.
138-c. The infant's parent delivers the infant to an
139-employee of an emergency medical services provider, provided
140-that the employee is responding to an emergency call from a
141-parent who expressed an intent to surrender and not return for
142-the infant.
143-(2) A parent who surrenders an infant pursuant to this
144-subsection may not be required to provide or asked to provide
145-any information relating to his or her identity. If the
146-identity of the parent is known by an emergency medical
147-services provider, he or she shall keep the identity
148-confidential.
149-(b)(3) An emergency medical services provider who takes
150-possession of a child an infant under this section shall
151-perform any act necessary to protect the physical health or
152-safety of the child infant. No court order or other legal
153-document shall be required in order for the emergency medical
154-services provider to take possession of an infant whose parent
155-surrenders custody under this act.
156-(c) An individual health care provider, including a
157-physician, dentist, nurse, physician assistant, or other
158-health care professional who is not otherwise considered an
159-emergency medical services provider under this chapter may
160-voluntarily assumes responsibility for the custody of an
161-infant surrendered at the health care provider pursuant to
162-subdivision (b). If an individual voluntarily assumes
163-responsibility for the custody of an infant pursuant to this
130+Public Health to adopt rules relating to baby safety devices;
131+to provide for an investigation into whether a surrendered
132+infant is a missing child; to provide an affirmative defense
133+to certain charges to parents who surrender an infant; to
134+further provide for civil immunity for emergency medical
135+services providers who accept surrendered infants; and to
136+repeal Section 26-25-4, Code of Alabama 1975.
137+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
138+Section 1. Sections 26-25-1, 26-25-2, 26-25-3, and
139+26-25-5, Code of Alabama 1975, are amended to read as follows:
140+"§26-25-1
141+(a) For the purposes of this chapter, the following
142+terms have the following meanings:
143+(1) BABY SAFETY DEVICE. A device installed at an
144+emergency medical services provider pursuant to Section
145+26-25-1.2 for the purpose of permitting a parent to
146+anonymously surrender his or her infant.
147+(2) DEPARTMENT. The Department of Public Health.
148+(3) EMERGENCY MEDICAL SERVICES PROVIDER. All of the
149+following entities:
150+a. A licensed hospital, as defined in Section 22-21-20,
151+which operates an emergency department. This term does not
152+include the offices, clinics, surgeries, or treatment
153+facilities of private physicians or dentists.
154+b. Any state or local law enforcement agency, fire
155+station, or ambulance station, provided that it is staffed 24
156+hours a day, seven days a week, 365 days a year with at least
157+one emergency medical services personnel, as defined by
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193-subdivision, he or she shall follow the procedures set forth
194-in Section 26-25-2. "
195-"§26-25-2
196-(a) No later than the close of the first business day
197-after the date on which an emergency medical services provider
198-takes possession of a child an infant pursuant to Section
199-26-25-1 this chapter, the provider shall notify the Department
200-of Human Resources that the emergency medical services
201-provider has taken possession of the child infant, and take
202-the infant to a licensed hospital for a medical evaluation .
203-(b) The department shall assume the care, control, and
204-legal custody of the child infant immediately on receipt of
205-notice pursuant to subsection (a). The department shall be
206-responsible for all medical and other costs associated with
207-the child infant and shall reimburse the any hospital or
208-emergency medical services provider for any costs incurred
209-prior to the child infant being placed in the care of the
210-department.
211-(c) Immediately after assuming legal custody of an
212-infant, the department shall contact the local law enforcement
213-agency in the municipality or county where the infant was
214-surrendered to determine whether the infant is a missing child
215-in this state or in another state, and the law enforcement
216-agency shall investigate whether the infant has been reported
217-as missing."
218-"§26-25-3
219-(a) It is an affirmative defense to prosecution under
220-Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent
187+Section 22-18-1.
188+(4) INFANT. A child 45 days old or younger.
189+(b)(1) An emergency medical services provider, without
190+a court order, shall take possession of a child an infant who
191+is 72 hours 45 days old or younger if the child is voluntarily
192+delivered to the provider by the child's parent in each of the
193+following circumstances:
194+a. The infant's parent delivers the infant to an
195+emergency medical services provider.
196+b. The infant's parent places the infant in a baby
197+safety device that meets the requirements of Section
198+26-25-1.1, provided that and the parent did not express an
199+intent to return for the child infant.
200+c. The infant's parent delivers the infant to an
201+employee of an emergency medical services provider, provided
202+that the employee is responding to an emergency call from a
203+parent who expressed an intent to surrender and not return for
204+the infant.
205+(2) A parent who surrenders an infant pursuant to this
206+subsection may not be required to provide or asked to provide
207+any information relating to his or her identity. If the
208+identity of the parent is known by an emergency medical
209+services provider, he or she shall keep the identity
210+confidential.
211+(b)(3) An emergency medical services provider who takes
212+possession of a child an infant under this section shall
213+perform any act necessary to protect the physical health or
214+safety of the child infant. No court order or other legal
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250-voluntarily delivers the child infant to an emergency medical
251-services provider or a baby safety device pursuant to Section
252-26-25-1 this chapter.
253-(b) Nothing in this section shall prohibit the
254-prosecution or investigation of any allegations of abuse or
255-neglect of a surrendered infant. "
256-"§26-25-5
257-Except as provided in Section 36-1-12, No person or
258-other entityan emergency services provider or an employee or
259-agent of an emergency services provider subject to the
260-provisions of this chapter shall be liable to any person
261-immune from liability for any civil action claim for damages
262-as a result of arising out of any action or omission taken
263-pursuant to the requirements of this chapter ., and no lawsuit
264-shall be predicated thereon. "
265-Section 2. Sections 26-25-1.1 and 26-25-1.2 are added
266-to the Code of Alabama 1975, to read as follows:
267-§26-25-1.1
268-(a) A woman admitted to a hospital for purposes of
269-labor and delivery may surrender custody of her newborn
270-infant. If a woman expresses a desire to voluntarily surrender
271-custody of her newborn infant after birth, an emergency
272-medical services provider shall take possession of the infant,
273-without any further action by the woman, as if the infant had
274-been surrendered in the same manner as Section 26-25-1.
275-(b) A woman who surrenders a newborn infant pursuant to
276-this section is entitled to the legal protections of anonymity
277-guaranteed under this chapter. If the woman expresses a desire
244+document shall be required in order for the emergency medical
245+services provider to take possession of an infant whose parent
246+surrenders custody under this act.
247+(c) An individual health care provider, including a
248+physician, dentist, nurse, physician assistant, or other
249+health care professional who is not otherwise considered an
250+emergency medical services provider under this chapter may
251+voluntarily assumes responsibility for the custody of an
252+infant surrendered at the health care provider pursuant to
253+subdivision (b). If an individual voluntarily assumes
254+responsibility for the custody of an infant pursuant to this
255+subdivision, he or she shall follow the procedures set forth
256+in Section 26-25-2. "
257+"§26-25-2
258+(a) No later than the close of the first business day
259+after the date on which an emergency medical services provider
260+takes possession of a child an infant pursuant to Section
261+26-25-1 this chapter, the provider shall notify the Department
262+of Human Resources that the emergency medical services
263+provider has taken possession of the child infant, and take
264+the infant to a licensed hospital for a medical evaluation .
265+(b) The department shall assume the care, control, and
266+legal custody of the child infant immediately on receipt of
267+notice pursuant to subsection (a). The department shall be
268+responsible for all medical and other costs associated with
269+the child infant and shall reimburse the any hospital or
270+emergency medical services provider for any costs incurred
271+prior to the child infant being placed in the care of the
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307-to remain anonymous, identifying information may be obtained
308-only for purposes of securing payment of labor and delivery
309-costs. If the birth mother is a minor, the hospital may use
310-the identifying information to secure payment through
311-Medicaid, but may not notify the minor's parent or guardian
312-without the minor's consent.
313-(c) Except as required by subsection (b), the identity
314-of a birth mother who surrenders her infant pursuant to this
315-section shall not be placed on the birth certificate or
316-disclosed to any other individual or entity, including state
317-and local agencies.
318-§26-25-1.2
319-(a)(1) An emergency services provider may install,
320-maintain, and monitor a baby safety device, provided that the
321-baby safety device meets all of the requirements of this
322-section. No other individual or entity, including any child
323-placing agency, that is not an emergency services provider may
324-install, maintain, or monitor a baby safety device.
325-(2) a. An emergency services provider may accept
326-donations or grants, and the Legislature may appropriate
327-funds, for the purpose of installing and maintaining a baby
328-safety device. If a specific donation or appropriation is made
329-to an emergency services provider for the purpose of
330-installing and maintaining a baby safety device pursuant to
331-this section, then the emergency services provider shall
332-install and maintain a baby safety device as required by this
333-section, to the extent that the funding allows it to do so. A
334-donor may not be involved in the installation, maintenance, or
301+department.
302+(c) Immediately after assuming legal custody of an
303+infant, the department shall contact the local law enforcement
304+agency in the municipality or county where the infant was
305+surrendered to determine whether the infant is a missing child
306+in this state or in another state, and the law enforcement
307+agency shall investigate whether the infant has been reported
308+as missing."
309+"§26-25-3
310+(a) It is an affirmative defense to prosecution under
311+Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent
312+voluntarily delivers the child infant to an emergency medical
313+services provider or a baby safety device pursuant to Section
314+26-25-1 this chapter.
315+(b) Nothing in this section shall prohibit the
316+prosecution or investigation of any allegations of abuse or
317+neglect of a surrendered infant. "
318+"§26-25-5
319+(a) Except as provided in Section 36-1-12, No person or
320+other entityan emergency services provider or an employee or
321+agent of an emergency services provider subject to the
322+provisions of this chapter shall be liable to any person
323+immune from liability for any civil action claim for damages
324+as a result of arising out of any action or omission taken
325+pursuant to the requirements of this chapter .
326+(c) Nothing in this section shall limit an individual's
327+or entity's liability for gross negligence , and no lawsuit
328+shall be predicated thereon ."
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364-monitoring of a baby safety device.
365-b. An emergency services provider shall not be required
366-to install, maintain, or monitor a baby safety device if the
367-provider has not received funding under this subdivision.
368-(b) A baby safety device in this state shall be
369-installed by a general contractor licensed pursuant to Chapter
370-8 of Title 34 and shall meet all of the following criteria:
371-(1) Be designed to permit a parent to anonymously place
372-an infant in the device for purposes of surrendering the
373-infant.
374-(2) Be climate controlled.
375-(3) Be installed in a conspicuous location.
376-(4) Be equipped with a dual alarm system connected to
377-the physical location where the device is installed. The dual
378-alarm system shall trigger when an infant is placed into the
379-device, shall be visually inspected twice per day, and shall
380-be tested at least once per week.
381-(5) Have a supporting frame of the device that is
382-anchored to prevent movement of the unit as a whole.
383-(6) Be under 24-hour camera surveillance, provided that
384-the surveillance footage may only be viewed for purposes of
385-investigating alleged child abuse or neglect or other criminal
386-behavior related to the surrender of an infant to a baby
387-safety device.
388-(7) Meet any other requirements adopted by the
389-department.
390-(c) An emergency services provider shall take custody
391-of any infant surrendered in a baby safety device in the same
358+Section 2. Sections 26-25-1.1 and 26-25-1.2 are added
359+to the Code of Alabama 1975, to read as follows:
360+§26-25-1.1
361+(a) A woman admitted to a hospital for purposes of
362+labor and delivery may surrender custody of her newborn
363+infant. If a woman expresses a desire to voluntarily surrender
364+custody of her newborn infant after birth, an emergency
365+medical services provider shall take possession of the infant,
366+without any further action by the woman, as if the infant had
367+been surrendered in the same manner as Section 26-25-1.
368+(b) A woman who surrenders a newborn infant pursuant to
369+this section is entitled to the legal protections of anonymity
370+guaranteed under this chapter. If the woman expresses a desire
371+to remain anonymous, identifying information may be obtained
372+only for purposes of securing payment of labor and delivery
373+costs. If the birth mother is a minor, the hospital may use
374+the identifying information to secure payment through
375+Medicaid, but may not notify the minor's parent or guardian
376+without the minor's consent.
377+(c) Except as required by subsection (b), the identity
378+of a birth mother who surrenders her infant pursuant to this
379+section shall not be placed on the birth certificate or
380+disclosed to any other individual or entity, including state
381+and local agencies.
382+§26-25-1.2
383+(a)(1) An emergency services provider may install,
384+maintain, and monitor a baby safety device, provided that the
385+baby safety device meets all of the requirements of this
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421-manner as an infant surrendered pursuant to Section 26-25-1,
422-and shall follow the procedures provided in Section 26-25-2.
423-(d)(1) The Department of Public Health shall adopt
424-rules relating to the installation, maintenance, and
425-monitoring of a baby safety device including, but not limited
426-to, the following:
427-a. Rules providing for the purchase and installation of
428-a baby safety device, including designating from where an
429-emergency services provider may purchase a baby safety device.
430-b. Rules providing for the maintenance of a baby safety
431-device.
432-c. Rules providing for training of emergency services
433-providers with baby safety devices installed on its premises.
434-(2) Nothing in this chapter requires the Department of
435-Human Resources to monitor or regulate any baby safety device
436-installed in this state.
437-(e) Any emergency services provider that has a baby
438-safety device installed shall post signage at the site of the
439-device that clearly identifies the device and provides written
440-and pictorial directions to the surrendering individual
441-instructing him or her to open the access door, place the
442-infant inside the device, and close the access door to engage
443-the lock. The signage shall be approved by the Department of
444-Public Health and shall clearly indicate all of the following:
445-(1) That an infant surrendered in a baby safety device
446-may be no more than 45 days old.
447-(2) That by placing an infant in the baby safety
448-device, a parent is foregoing all parental responsibilities
415+section. No other individual or entity, including any child
416+placing agency, that is not an emergency services provider may
417+install, maintain, or monitor a baby safety device.
418+(2) a. An emergency services provider may accept
419+donations or grants, and the Legislature may appropriate
420+funds, for the purpose of installing and maintaining a baby
421+safety device. If a specific donation or appropriation is made
422+to an emergency services provider for the purpose of
423+installing and maintaining a baby safety device pursuant to
424+this section, then the emergency services provider shall
425+install and maintain a baby safety device as required by this
426+section, to the extent that the funding allows it to do so. A
427+donor may not be involved in the installation, maintenance, or
428+monitoring of a baby safety device.
429+b. An emergency services provider shall not be required
430+to install, maintain, or monitor a baby safety device if the
431+provider has not received funding under this subdivision.
432+(b) A baby safety device in this state shall be
433+installed by a general contractor licensed pursuant to Chapter
434+8 of Title 34 and shall meet all of the following criteria:
435+(1) Be designed to permit a parent to anonymously place
436+an infant in the device for purposes of surrendering the
437+infant.
438+(2) Be climate controlled.
439+(3) Be installed in a conspicuous location.
440+(4) Be equipped with a dual alarm system connected to
441+the physical location where the device is installed. The dual
442+alarm system shall trigger when an infant is placed into the
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478-with respect to the infant and is giving consent for the state
479-to take custody of the infant.
480-(3) That damaging a baby safety device may constitute
481-the crime of criminal mischief.
482-Section 3. Section 26-25-4, Code of Alabama 1975,
483-relating to the term "emergency medical services provider," is
484-repealed.
485-Section 4. This act shall become effective on the first
486-day of the third month following its passage and approval by
487-the Governor, or its otherwise becoming law.
472+device, shall be visually inspected twice per day, and shall
473+be tested at least once per week.
474+(5) Have a supporting frame of the device that is
475+anchored to prevent movement of the unit as a whole.
476+(6) Be under 24-hour camera surveillance, provided that
477+the surveillance footage may only be viewed for purposes of
478+investigating alleged child abuse or neglect or other criminal
479+behavior related to the surrender of an infant to a baby
480+safety device.
481+(7) Meet any other requirements adopted by the
482+department.
483+(c) An emergency services provider shall take custody
484+of any infant surrendered in a baby safety device in the same
485+manner as an infant surrendered pursuant to Section 26-25-1,
486+and shall follow the procedures provided in Section 26-25-2.
487+(d)(1) The Department of Public Health shall adopt
488+rules relating to the installation, maintenance, and
489+monitoring of a baby safety device including, but not limited
490+to, the following:
491+a. Rules providing for the purchase and installation of
492+a baby safety device, including designating from where an
493+emergency services provider may purchase a baby safety device.
494+b. Rules providing for the maintenance of a baby safety
495+device.
496+c. Rules providing for training of emergency services
497+providers with baby safety devices installed on its premises.
498+(2) Nothing in this chapter requires the Department of
499+Human Resources to monitor or regulate any baby safety device
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499-________________________________________________
500-Speaker of the House of Representatives
501-________________________________________________
502-President and Presiding Officer of the Senate
503-House of Representatives
504-I hereby certify that the within Act originated in and
505-was passed by the House 24-May-23, as amended.
506-John Treadwell
507-Clerk
508-Senate 01-Jun-23 Passed
509-Senate 01-Jun-23 Concurred in
510- Senate Amendment
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529+installed in this state.
530+(e) Any emergency services provider that has a baby
531+safety device installed shall post signage at the site of the
532+device that clearly identifies the device and provides written
533+and pictorial directions to the surrendering individual
534+instructing him or her to open the access door, place the
535+infant inside the device, and close the access door to engage
536+the lock. The signage shall be approved by the department and
537+shall clearly indicate all of the following:
538+(1) That an infant surrendered in a baby safety device
539+may be no more than 45 days old.
540+(2) That the infant may not have previously been
541+subjected to abuse or neglect.
542+(3) That by placing an infant in the baby safety
543+device, a parent is foregoing all parental responsibilities
544+with respect to the infant and is giving consent for the state
545+to take custody of the infant.
546+(4) That damaging a baby safety device may constitute
547+the crime of criminal mischief.
548+Section 3. Section 26-25-4, Code of Alabama 1975,
549+relating to the term "emergency medical services provider," is
550+repealed.
551+Section 4. This act shall become effective on the first
552+day of the third month following its passage and approval by
553+the Governor, or its otherwise becoming law.
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