Florida Senate - 2023 SB 870 By Senator Burton 12-01357A-23 2023870__ 1 A bill to be entitled 2 An act relating to surrendered newborn infants; 3 amending s. 383.50, F.S.; revising the definition of 4 the term newborn infant; defining the term newborn 5 infant safety device; authorizing certain hospitals, 6 emergency medical services stations, and fire stations 7 to use newborn infant safety devices to accept 8 surrendered newborn infants if the device meets 9 specified criteria; requiring such hospitals, 10 emergency medical services stations, and fire stations 11 to monitor the inside of the device 24 hours per day 12 and physically check and test the devices at specified 13 intervals; providing additional requirements for 14 certain fire stations using such devices; conforming 15 provisions to changes made by the act; authorizing a 16 parent to leave a newborn infant with medical staff or 17 a licensed health care professional at a hospital 18 after the delivery of the newborn infant under certain 19 circumstances; providing that a parent who leaves a 20 newborn infant in a newborn infant safety device has 21 the right to remain anonymous and not to be pursued or 22 followed, with exceptions; authorizing a parent to 23 surrender a newborn infant by calling 911 and 24 requesting an emergency medical services provider to 25 meet at a specified location to retrieve the newborn 26 infant; requiring the parent to stay with the newborn 27 infant until the emergency medical services provider 28 arrives; providing additional locations to which the 29 prohibition on the initiation of criminal 30 investigations based solely on the surrendering of a 31 newborn infant applies; amending s. 63.0423, F.S.; 32 conforming a cross-reference; making conforming 33 changes; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1.Section 383.50, Florida Statutes, is amended to 38 read: 39 383.50Treatment of surrendered newborn infant. 40 (1)As used in this section, the term: 41 (a)Newborn infant means a child who a licensed physician 42 reasonably believes is approximately 30 7 days old or younger at 43 the time the child is left at a hospital, an emergency medical 44 services station, or a fire station. 45 (b)Newborn infant safety device means a device that is 46 installed in a supporting wall of a hospital, an emergency 47 medical services station, or a fire station and that has an 48 exterior point of access allowing an individual to place a 49 newborn infant inside and an interior point of access allowing 50 individuals inside the building to safely retrieve the newborn 51 infant. 52 (2)There is a presumption that the parent who leaves the 53 newborn infant in accordance with this section intended to leave 54 the newborn infant and consented to termination of parental 55 rights. 56 (3)(a)A hospital, an emergency medical services station, 57 or a fire station that is staffed 24 hours per day may use a 58 newborn infant safety device to accept surrendered newborn 59 infants under this section if the device is: 60 1.Physically part of the hospital, emergency medical 61 services station, or fire station. 62 2.Temperature-controlled and ventilated for the safety of 63 newborns. 64 3.Equipped with a dual alarm system connected to the 65 physical location of the device which automatically triggers an 66 alarm inside the building when a newborn infant is placed in the 67 device. 68 4.Equipped with a surveillance system that allows 69 employees of the hospital, emergency medical services station, 70 or fire station to monitor the inside of the device 24 hours per 71 day. 72 5.Located such that the interior point of access is in an 73 area that is conspicuous and visible to the employees of the 74 hospital, emergency medical services station, or fire station. 75 (b)A hospital, an emergency medical services station, or a 76 fire station that uses a newborn infant safety device to accept 77 surrendered newborn infants shall use the devices surveillance 78 system to monitor the inside of the newborn infant safety device 79 24 hours per day and shall physically check the device at least 80 twice daily and test the device at least weekly to ensure that 81 the alarm system is in working order. A fire station that is 82 staffed 24 hours per day except when all firefighter first 83 responders are dispatched from the fire station for an emergency 84 must use the dual alarm system of the newborn infant safety 85 device to immediately dispatch the nearest first responder to 86 retrieve any newborn infant left in the newborn infant safety 87 device. 88 (4)(3)Each emergency medical services station or fire 89 station that is staffed with full-time firefighters, emergency 90 medical technicians, or paramedics shall accept any newborn 91 infant left with a firefighter, an emergency medical technician, 92 or a paramedic or in a newborn infant safety device. The 93 firefighter, emergency medical technician, or paramedic shall 94 consider these actions as implied consent to and shall: 95 (a)Provide emergency medical services to the newborn 96 infant to the extent that he or she is trained to provide those 97 services, and 98 (b)Arrange for the immediate transportation of the newborn 99 infant to the nearest hospital having emergency services. 100 101 A licensee as defined in s. 401.23, a fire department, or an 102 employee or agent of a licensee or fire department may treat and 103 transport a newborn infant pursuant to this section. If a 104 newborn infant is placed in the physical custody of an employee 105 or agent of a licensee or fire department or is placed in a 106 newborn infant safety device, such placement is shall be 107 considered implied consent for treatment and transport. A 108 licensee, a fire department, or an employee or agent of a 109 licensee or fire department is immune from criminal or civil 110 liability for acting in good faith pursuant to this section. 111 Nothing in this subsection limits liability for negligence. 112 (5)(a)A newborn infant may be left with medical staff or a 113 licensed health care professional after the delivery of the 114 newborn infant in a hospital if the parent of the newborn infant 115 notifies medical staff or a licensed health care professional 116 that the parent is voluntarily surrendering the infant and does 117 not intend to return. 118 (b)(4)Each hospital of this state subject to s. 395.1041 119 shall, and any other hospital may, admit and provide all 120 necessary emergency services and care, as defined in s. 121 395.002(9), to any newborn infant left with the hospital in 122 accordance with this section. The hospital or any of its 123 licensed health care professionals shall consider these actions 124 as implied consent for treatment, and a hospital accepting 125 physical custody of a newborn infant has implied consent to 126 perform all necessary emergency services and care. The hospital 127 or any of its licensed health care professionals is immune from 128 criminal or civil liability for acting in good faith in 129 accordance with this section. Nothing in this subsection limits 130 liability for negligence. 131 (6)(5)Except when there is actual or suspected child abuse 132 or neglect, any parent who leaves a newborn infant in a newborn 133 infant safety device or with a firefighter, an emergency medical 134 technician, or a paramedic at a fire station or an emergency 135 medical services station, or brings a newborn infant to an 136 emergency room of a hospital and expresses an intent to leave 137 the newborn infant and not return, has the absolute right to 138 remain anonymous and to leave at any time and may not be pursued 139 or followed unless the parent seeks to reclaim the newborn 140 infant. When an infant is born in a hospital and the mother 141 expresses intent to leave the infant and not return, upon the 142 mothers request, the hospital or registrar shall complete the 143 infants birth certificate without naming the mother thereon. 144 (7)(6)A parent of a newborn infant left at a hospital, 145 emergency medical services station, or fire station under this 146 section may claim his or her newborn infant up until the court 147 enters a judgment terminating his or her parental rights. A 148 claim to the newborn infant must be made to the entity having 149 physical or legal custody of the newborn infant or to the 150 circuit court before whom proceedings involving the newborn 151 infant are pending. 152 (8)(7)Upon admitting a newborn infant under this section, 153 the hospital shall immediately contact a local licensed child 154 placing agency or alternatively contact the statewide central 155 abuse hotline for the name of a licensed child-placing agency 156 for purposes of transferring physical custody of the newborn 157 infant. The hospital shall notify the licensed child-placing 158 agency that a newborn infant has been left with the hospital and 159 approximately when the licensed child-placing agency can take 160 physical custody of the child. In cases where there is actual or 161 suspected child abuse or neglect, the hospital or any of its 162 licensed health care professionals shall report the actual or 163 suspected child abuse or neglect in accordance with ss. 39.201 164 and 395.1023 in lieu of contacting a licensed child-placing 165 agency. 166 (9)(8)Any newborn infant admitted to a hospital in 167 accordance with this section is presumed eligible for coverage 168 under Medicaid, subject to federal rules. 169 (10)(9)A newborn infant left at a hospital, an emergency 170 medical services station, or a fire station in accordance with 171 this section is shall not be deemed abandoned or and subject to 172 reporting and investigation requirements under s. 39.201 unless 173 there is actual or suspected child abuse or until the Department 174 of Health takes physical custody of the child. 175 (11)If the parent of a newborn infant is unable to 176 surrender the newborn infant in accordance with this section, 177 the parent may dial 911 to request that an emergency medical 178 services provider meet the surrendering parent at a specified 179 location. The surrendering parent must stay with the newborn 180 infant until the emergency medical services provider arrives to 181 take custody of the newborn infant. 182 (12)(10)A criminal investigation may shall not be 183 initiated solely because a newborn infant is left at a hospital, 184 an emergency medical services station, or a fire station under 185 this section unless there is actual or suspected child abuse or 186 neglect. 187 Section 2.Section 63.0423, Florida Statutes, is amended to 188 read: 189 63.0423Procedures with respect to surrendered newborn 190 infants. 191 (1)Upon entry of final judgment terminating parental 192 rights, a licensed child-placing agency that takes physical 193 custody of a newborn an infant surrendered at a hospital, an 194 emergency medical services station, or a fire station pursuant 195 to s. 383.50 assumes responsibility for the medical and other 196 costs associated with the emergency services and care of the 197 surrendered newborn infant from the time the licensed child 198 placing agency takes physical custody of the surrendered newborn 199 infant. 200 (2)The licensed child-placing agency shall immediately 201 seek an order from the circuit court for emergency custody of 202 the surrendered newborn infant. The emergency custody order 203 shall remain in effect until the court orders preliminary 204 approval of placement of the surrendered newborn infant in the 205 prospective home, at which time the prospective adoptive parents 206 become guardians pending termination of parental rights and 207 finalization of adoption or until the court orders otherwise. 208 The guardianship of the prospective adoptive parents shall 209 remain subject to the right of the licensed child-placing agency 210 to remove the surrendered newborn infant from the placement 211 during the pendency of the proceedings if such removal is deemed 212 by the licensed child-placing agency to be in the best interests 213 of the child. The licensed child-placing agency may immediately 214 seek to place the surrendered newborn infant in a prospective 215 adoptive home. 216 (3)The licensed child-placing agency that takes physical 217 custody of the surrendered newborn infant shall, within 24 hours 218 thereafter, request assistance from law enforcement officials to 219 investigate and determine, through the Missing Children 220 Information Clearinghouse, the National Center for Missing and 221 Exploited Children, and any other national and state resources, 222 whether the surrendered newborn infant is a missing child. 223 (4)The parent who surrenders the newborn infant in 224 accordance with s. 383.50 is presumed to have consented to 225 termination of parental rights, and express consent is not 226 required. Except when there is actual or suspected child abuse 227 or neglect, the licensed child-placing agency may shall not 228 attempt to pursue, search for, or notify that parent as provided 229 in s. 63.088 and chapter 49. For purposes of s. 383.50 and this 230 section, a surrendered newborn an infant who tests positive for 231 illegal drugs, narcotic prescription drugs, alcohol, or other 232 substances, but shows no other signs of child abuse or neglect, 233 shall be placed in the custody of a licensed child-placing 234 agency. Such a placement does not eliminate the reporting 235 requirement under s. 383.50(8) s. 383.50(7). When the department 236 is contacted regarding a newborn an infant properly surrendered 237 under this section and s. 383.50, the department shall provide 238 instruction to contact a licensed child-placing agency and may 239 not take custody of the newborn infant unless reasonable efforts 240 to contact a licensed child-placing agency to accept the newborn 241 infant have not been successful. 242 (5)A petition for termination of parental rights under 243 this section may not be filed until 30 days after the date the 244 newborn infant was surrendered in accordance with s. 383.50. A 245 petition for termination of parental rights may not be granted 246 until a parent has failed to reclaim or claim the surrendered 247 newborn infant within the time period specified in s. 383.50. 248 (6)A claim of parental rights of the surrendered newborn 249 infant must be made to the entity having legal custody of the 250 surrendered newborn infant or to the circuit court before which 251 proceedings involving the surrendered newborn infant are 252 pending. A claim of parental rights of the surrendered newborn 253 infant may not be made after the judgment to terminate parental 254 rights is entered, except as otherwise provided by subsection 255 (9). 256 (7)If a claim of parental rights of a surrendered newborn 257 infant is made before the judgment to terminate parental rights 258 is entered, the circuit court may hold the action for 259 termination of parental rights in abeyance for a period of time 260 not to exceed 60 days. 261 (a)The court may order scientific testing to determine 262 maternity or paternity at the expense of the parent claiming 263 parental rights. 264 (b)The court shall appoint a guardian ad litem for the 265 surrendered newborn infant and order whatever investigation, 266 home evaluation, and psychological evaluation are necessary to 267 determine what is in the best interests of the surrendered 268 newborn infant. 269 (c)The court may not terminate parental rights solely on 270 the basis that the parent left the newborn infant at a hospital, 271 an emergency medical services station, or a fire station in 272 accordance with s. 383.50. 273 (d)The court shall enter a judgment with written findings 274 of fact and conclusions of law. 275 (8)Within 7 business days after recording the judgment, 276 the clerk of the court shall mail a copy of the judgment to the 277 department, the petitioner, and any person whose consent was 278 required, if known. The clerk shall execute a certificate of 279 each mailing. 280 (9)(a)A judgment terminating parental rights of a 281 surrendered newborn infant pending adoption is voidable, and any 282 later judgment of adoption of that child minor is voidable, if, 283 upon the motion of a parent, the court finds that a person 284 knowingly gave false information that prevented the parent from 285 timely making known his or her desire to assume parental 286 responsibilities toward the child minor or from exercising his 287 or her parental rights. A motion under this subsection must be 288 filed with the court originally entering the judgment. The 289 motion must be filed within a reasonable time but not later than 290 1 year after the entry of the judgment terminating parental 291 rights. 292 (b)No later than 30 days after the filing of a motion 293 under this subsection, the court shall conduct a preliminary 294 hearing to determine what contact, if any, will be allowed 295 permitted between a parent and the child pending resolution of 296 the motion. Such contact may be allowed only if it is requested 297 by a parent who has appeared at the hearing and the court 298 determines that it is in the best interests of the child. If the 299 court orders contact between a parent and the child, the order 300 must be issued in writing as expeditiously as possible and must 301 state with specificity any provisions regarding contact with 302 persons other than those with whom the child resides. 303 (c)The court may not order scientific testing to determine 304 the paternity or maternity of the child minor until such time as 305 the court determines that a previously entered judgment 306 terminating the parental rights of that parent is voidable 307 pursuant to paragraph (a), unless all parties agree that such 308 testing is in the best interests of the child. Upon the filing 309 of test results establishing that persons maternity or 310 paternity of the surrendered newborn infant, the court may order 311 visitation only if it appears to be in the best interests of the 312 child. 313 (d)Within 45 days after the preliminary hearing, the court 314 shall conduct a final hearing on the motion to set aside the 315 judgment and shall enter its written order as expeditiously as 316 possible thereafter. 317 (10)Except to the extent expressly provided in this 318 section, proceedings initiated by a licensed child-placing 319 agency for the termination of parental rights and subsequent 320 adoption of a newborn infant left at a hospital, an emergency 321 medical services station, or a fire station in accordance with 322 s. 383.50 shall be conducted pursuant to this chapter. 323 Section 3.This act shall take effect July 1, 2023.