HB473ENROLLED
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MZNC1W-3
By Representatives Givens, Holk-Jones, Fidler, Lomax, Gidley,
Simpson, Shirey, Lamb, Lovvorn, Marques, Baker, Clouse,
Blackshear, Crawford, Paramore, Wood (D), Wilcox, Harrison,
Bedsole, Butler, Robertson, Hammett, Pettus, Shaw, Sellers,
Yarbrough, Brown, Sorrells, Rehm, Stadthagen, Lipscomb,
Oliver, Paschal, DuBose, Shaver
RFD: Children and Senior Advocacy
First Read: 16-May-23
2023 Regular Session
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Enrolled, An Act,
Relating to the surrender of infants; to amend
Sections 26-25-1, 26-25-2, 26-25-3, and 26-25-5, Code of
Alabama 1975, and to add Sections 26-25-1.1 and 26-25-1.2 to
the Code of Alabama 1975; to provide for the surrender of an
infant to an emergency medical services provider or a
hospital; to provide for the surrender of an infant in a baby
safety device that meets certain requirements; to authorize
the Department of Public Health to adopt rules relating to
baby safety devices; to provide for an investigation into
whether a surrendered infant is a missing child; to provide an
affirmative defense to certain charges to parents who
surrender an infant; to further provide for civil immunity for
emergency medical services providers who accept surrendered
infants; and to repeal Section 26-25-4, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-25-1, 26-25-2, 26-25-3, and
26-25-5, Code of Alabama 1975, are amended to read as follows:
"§26-25-1
(a) For the purposes of this chapter, the following
terms have the following meanings:
(1) BABY SAFETY DEVICE. A device installed at an
emergency medical services provider pursuant to Section
26-25-1.2 for the purpose of permitting a parent to
anonymously surrender his or her infant.
(2) DEPARTMENT. The Department of Public HealthHuman
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Resources.
(3) EMERGENCY MEDICAL SERVICES PROVIDER. All of the
following entities:
a. A licensed hospital, as defined in Section 22-21-20,
which operates an emergency department. This term does not
include either of the following:
1. theThe offices, clinics, surgeries, or treatment
facilities of private physicians or dentists.
2. Any individual licensed healthcare provider,
including a physician, dentist, nurse, physician assistant, or
any other health professional , unless the individual
voluntarily assumes responsibility for the custody of the
child pursuant to subsection (c) .
b. Any state or local law enforcement agency, or fire
station, or ambulance station, provided that it is staffed 24
hours a day, seven days a week, 365 days a year with at least
one emergency medical services personnel, as defined by
Section 22-18-1.
(4) INFANT. A child 45 days old or younger.
(b)(1) An emergency medical services provider, without
a court order, shall take possession of a child an infant who
is 72 hours 45 days old or younger if the child is voluntarily
delivered to the provider by the child's parent in each of the
following circumstances:
a. The infant's parent delivers the infant to an
emergency medical services provider.
b. The infant's parent places the infant in a baby
safety device that meets the requirements of Section
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26-25-1.1, provided that and the parent did not express an
intent to return for the child infant.
c. The infant's parent delivers the infant to an
employee of an emergency medical services provider, provided
that the employee is responding to an emergency call from a
parent who expressed an intent to surrender and not return for
the infant.
(2) A parent who surrenders an infant pursuant to this
subsection may not be required to provide or asked to provide
any information relating to his or her identity. If the
identity of the parent is known by an emergency medical
services provider, he or she shall keep the identity
confidential.
(b)(3) An emergency medical services provider who takes
possession of a child an infant under this section shall
perform any act necessary to protect the physical health or
safety of the child infant. No court order or other legal
document shall be required in order for the emergency medical
services provider to take possession of an infant whose parent
surrenders custody under this act.
(c) An individual health care provider, including a
physician, dentist, nurse, physician assistant, or other
health care professional who is not otherwise considered an
emergency medical services provider under this chapter may
voluntarily assumes responsibility for the custody of an
infant surrendered at the health care provider pursuant to
subdivision (b). If an individual voluntarily assumes
responsibility for the custody of an infant pursuant to this
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subdivision, he or she shall follow the procedures set forth
in Section 26-25-2. "
"§26-25-2
(a) No later than the close of the first business day
after the date on which an emergency medical services provider
takes possession of a child an infant pursuant to Section
26-25-1 this chapter, the provider shall notify the Department
of Human Resources that the emergency medical services
provider has taken possession of the child infant, and take
the infant to a licensed hospital for a medical evaluation .
(b) The department shall assume the care, control, and
legal custody of the child infant immediately on receipt of
notice pursuant to subsection (a). The department shall be
responsible for all medical and other costs associated with
the child infant and shall reimburse the any hospital or
emergency medical services provider for any costs incurred
prior to the child infant being placed in the care of the
department.
(c) Immediately after assuming legal custody of an
infant, the department shall contact the local law enforcement
agency in the municipality or county where the infant was
surrendered to determine whether the infant is a missing child
in this state or in another state, and the law enforcement
agency shall investigate whether the infant has been reported
as missing."
"§26-25-3
(a) It is an affirmative defense to prosecution under
Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent
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voluntarily delivers the child infant to an emergency medical
services provider or a baby safety device pursuant to Section
26-25-1 this chapter.
(b) Nothing in this section shall prohibit the
prosecution or investigation of any allegations of abuse or
neglect of a surrendered infant. "
"§26-25-5
Except as provided in Section 36-1-12, No person or
other entityan emergency services provider or an employee or
agent of an emergency services provider subject to the
provisions of this chapter shall be liable to any person
immune from liability for any civil action claim for damages
as a result of arising out of any action or omission taken
pursuant to the requirements of this chapter ., and no lawsuit
shall be predicated thereon. "
Section 2. Sections 26-25-1.1 and 26-25-1.2 are added
to the Code of Alabama 1975, to read as follows:
§26-25-1.1
(a) A woman admitted to a hospital for purposes of
labor and delivery may surrender custody of her newborn
infant. If a woman expresses a desire to voluntarily surrender
custody of her newborn infant after birth, an emergency
medical services provider shall take possession of the infant,
without any further action by the woman, as if the infant had
been surrendered in the same manner as Section 26-25-1.
(b) A woman who surrenders a newborn infant pursuant to
this section is entitled to the legal protections of anonymity
guaranteed under this chapter. If the woman expresses a desire
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to remain anonymous, identifying information may be obtained
only for purposes of securing payment of labor and delivery
costs. If the birth mother is a minor, the hospital may use
the identifying information to secure payment through
Medicaid, but may not notify the minor's parent or guardian
without the minor's consent.
(c) Except as required by subsection (b), the identity
of a birth mother who surrenders her infant pursuant to this
section shall not be placed on the birth certificate or
disclosed to any other individual or entity, including state
and local agencies.
§26-25-1.2
(a)(1) An emergency services provider may install,
maintain, and monitor a baby safety device, provided that the
baby safety device meets all of the requirements of this
section. No other individual or entity, including any child
placing agency, that is not an emergency services provider may
install, maintain, or monitor a baby safety device.
(2) a. An emergency services provider may accept
donations or grants, and the Legislature may appropriate
funds, for the purpose of installing and maintaining a baby
safety device. If a specific donation or appropriation is made
to an emergency services provider for the purpose of
installing and maintaining a baby safety device pursuant to
this section, then the emergency services provider shall
install and maintain a baby safety device as required by this
section, to the extent that the funding allows it to do so. A
donor may not be involved in the installation, maintenance, or
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monitoring of a baby safety device.
b. An emergency services provider shall not be required
to install, maintain, or monitor a baby safety device if the
provider has not received funding under this subdivision.
(b) A baby safety device in this state shall be
installed by a general contractor licensed pursuant to Chapter
8 of Title 34 and shall meet all of the following criteria:
(1) Be designed to permit a parent to anonymously place
an infant in the device for purposes of surrendering the
infant.
(2) Be climate controlled.
(3) Be installed in a conspicuous location.
(4) Be equipped with a dual alarm system connected to
the physical location where the device is installed. The dual
alarm system shall trigger when an infant is placed into the
device, shall be visually inspected twice per day, and shall
be tested at least once per week.
(5) Have a supporting frame of the device that is
anchored to prevent movement of the unit as a whole.
(6) Be under 24-hour camera surveillance, provided that
the surveillance footage may only be viewed for purposes of
investigating alleged child abuse or neglect or other criminal
behavior related to the surrender of an infant to a baby
safety device.
(7) Meet any other requirements adopted by the
department.
(c) An emergency services provider shall take custody
of any infant surrendered in a baby safety device in the same
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manner as an infant surrendered pursuant to Section 26-25-1,
and shall follow the procedures provided in Section 26-25-2.
(d)(1) The Department of Public Health shall adopt
rules relating to the installation, maintenance, and
monitoring of a baby safety device including, but not limited
to, the following:
a. Rules providing for the purchase and installation of
a baby safety device, including designating from where an
emergency services provider may purchase a baby safety device.
b. Rules providing for the maintenance of a baby safety
device.
c. Rules providing for training of emergency services
providers with baby safety devices installed on its premises.
(2) Nothing in this chapter requires the Department of
Human Resources to monitor or regulate any baby safety device
installed in this state.
(e) Any emergency services provider that has a baby
safety device installed shall post signage at the site of the
device that clearly identifies the device and provides written
and pictorial directions to the surrendering individual
instructing him or her to open the access door, place the
infant inside the device, and close the access door to engage
the lock. The signage shall be approved by the Department of
Public Health and shall clearly indicate all of the following:
(1) That an infant surrendered in a baby safety device
may be no more than 45 days old.
(2) That by placing an infant in the baby safety
device, a parent is foregoing all parental responsibilities
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with respect to the infant and is giving consent for the state
to take custody of the infant.
(3) That damaging a baby safety device may constitute
the crime of criminal mischief.
Section 3. Section 26-25-4, Code of Alabama 1975,
relating to the term "emergency medical services provider," is
repealed.
Section 4. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 24-May-23, as amended.
John Treadwell
Clerk
Senate 01-Jun-23 Passed
Senate 01-Jun-23 Concurred in
Senate Amendment
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