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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to surrendered infants; amending s. 2
383.50, F.S.; changing the term "newborn infant" to 3
"infant"; increasing the age at which a child is 4
considered an infant; authorizing a parent to leave an 5
infant with medical staff or a licensed health care 6
professional at a hospital after the delivery of the 7
infant if the parent provides certain notification; 8
authorizing a parent to surrender an infant by calling 9
911 to request that an emergency medical services 10
provider meet the surrendering parent at a specified 11
location; requiring the surrendering parent to stay 12
with the infant until the emergency medical services 13
provider arrives to take custody of t he infant; 14
amending ss. 39.01, 39.201, 63.0423, 63.167, 383.51, 15
827.035, and 827.10, F.S.; conforming provisions to 16
changes made by the act; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 383.50, Florida Statutes, is amended to 21
read: 22
383.50 Treatment of surrendered newborn infant.— 23
(1) As used in this section, the term " newborn infant" 24
means a child who a licensed physician reasonably believes is 25
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approximately 30 7 days old or younger at the time the child is 26
left at a hospital, an emergency medical services station, or a 27
fire station. 28
(2) There is a presumption that the parent who leaves the 29
newborn infant in accordance with this section intended to leave 30
the newborn infant and consented to termination of parental 31
rights. 32
(3) Each emergency medical services station or fire 33
station that is staffed with full-time firefighters, emergency 34
medical technicians, or paramedics shall accept any newborn 35
infant left with a firefighter, an emergency medical technician, 36
or a paramedic. The firefighter, emergency medical technician, 37
or paramedic shall consider these actions as implied consent to 38
and shall: 39
(a) Provide emergency medical services to the newborn 40
infant to the extent that he or she is trained to provide those 41
services;, and 42
(b) Arrange for the immediate transportation of the 43
newborn infant to the nearest hospital having emergency 44
services. 45
46
A licensee as defined in s. 401.23, a fire department, or an 47
employee or agent of a licensee or fire department may treat and 48
transport an a newborn infant pursuant to this section. If an a 49
newborn infant is placed in the physical custody of an employee 50
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or agent of a licensee or fire department, such placement is 51
shall be considered implied conse nt for treatment and transport. 52
A licensee, a fire department, or an employee or agent of a 53
licensee or fire department is immune from criminal or civil 54
liability for acting in good faith pursuant to this section. 55
Nothing in This subsection does not limit limits liability for 56
negligence. 57
(4)(a) After the delivery of an infant in a hospital, a 58
parent of the infant may leave the infant with medical staff or 59
a licensed health care professional at the hospital if the 60
parent notifies such medical staff or lice nsed health care 61
professional that the parent is voluntarily surrendering the 62
infant and does not intend to return. 63
(b) Each hospital of this state subject to s. 395.1041 64
shall, and any other hospital may, admit and provide all 65
necessary emergency servic es and care, as defined in s. 66
395.002(9), to any newborn infant left with the hospital in 67
accordance with this section. The hospital or any of its medical 68
staff or licensed health care professionals shall consider these 69
actions as implied consent for treat ment, and a hospital 70
accepting physical custody of an a newborn infant has implied 71
consent to perform all necessary emergency services and care. 72
The hospital or any of its medical staff or licensed health care 73
professionals are is immune from criminal or civil liability for 74
acting in good faith in accordance with this section. Nothing in 75
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This subsection does not limit limits liability for negligence. 76
(5) Except when there is actual or suspected child abuse 77
or neglect, any parent who leaves an a newborn infant with a 78
firefighter, an emergency medical technician, or a paramedic at 79
a fire station or an emergency medical services station, or 80
brings an a newborn infant to an emergency room of a hospital 81
and expresses an intent to leave the newborn infant and not 82
return, has the absolute right to remain anonymous and to leave 83
at any time and may not be pursued or followed unless the parent 84
seeks to reclaim the newborn infant. When an infant is born in a 85
hospital and the mother expresses intent to leave the infant and 86
not return, upon the mother's request, the hospital or registrar 87
shall complete the infant's birth certificate without naming the 88
mother thereon. 89
(6) A parent of an a newborn infant left at a hospital , an 90
emergency medical services station, or a fire station under this 91
section may claim his or her newborn infant up until the court 92
enters a judgment terminating his or her parental rights. A 93
claim to the newborn infant must be made to the entity having 94
physical or legal custody of the newborn infant or to the 95
circuit court before whom proceedings involving the newborn 96
infant are pending. 97
(7) Upon admitting an a newborn infant under this section, 98
the hospital shall immediately contact a local licensed ch ild-99
placing agency or alternatively contact the statewide central 100
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abuse hotline for the name of a licensed child -placing agency 101
for purposes of transferring physical custody of the newborn 102
infant. The hospital shall notify the licensed child -placing 103
agency that an a newborn infant has been left with the hospital 104
and approximately when the licensed child -placing agency can 105
take physical custody of the infant child. In cases where there 106
is actual or suspected child abuse or neglect, the hospital or 107
any of its medical staff or licensed health care professionals 108
shall report the actual or suspected child abuse or neglect in 109
accordance with ss. 39.201 and 395.1023 in lieu of contacting a 110
licensed child-placing agency. 111
(8) An Any newborn infant admitted to a hos pital in 112
accordance with this section is presumed eligible for coverage 113
under Medicaid, subject to federal rules. 114
(9) An A newborn infant left at a hospital, an emergency 115
medical services station, or a fire station in accordance with 116
this section may shall not be deemed abandoned and subject to 117
reporting and investigation requirements under s. 39.201 unless 118
there is actual or suspected child abuse or until the Department 119
of Children and Families takes physical custody of the infant 120
child. 121
(10) If the parent of an infant is unable to surrender the 122
infant in accordance with this section, the parent may call 911 123
to request that an emergency medical services provider meet the 124
surrendering parent at a specified location. The surrendering 125
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parent must stay with the infant until the emergency medical 126
services provider arrives to take custody of the infant. 127
(11) A criminal investigation may shall not be initiated 128
solely because an a newborn infant is surrendered in accordance 129
with left at a hospital under this section unless there is 130
actual or suspected child abuse or neglect. 131
Section 2. Subsection (1) and paragraph (e) of subsection 132
(34) of section 39.01, Florida Statutes, are amended to read: 133
39.01 Definitions.—When used in this chapter, unless the 134
context otherwise requires: 135
(1) "Abandoned" or "abandonment" means a situation in 136
which the parent or legal custodian of a child or, in the 137
absence of a parent or legal custodian, the caregiver, while 138
being able, has made no significant contribution to the child's 139
care and maintenance or has failed to establish or maintain a 140
substantial and positive relationship with the child, or both. 141
For purposes of this subsection, "establish or maintain a 142
substantial and positive relationship" includes, but is not 143
limited to, frequent and regular contact with the child through 144
frequent and regular visitation or frequent and regular 145
communication to or with the child, and the exercise of parental 146
rights and responsibilities. Marginal efforts and incidental or 147
token visits or communications are not sufficient to establish 148
or maintain a substantial and positive relationship with a 149
child. A man's acknowledgment of paternity of the child does not 150
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limit the period of time considered in determining whether the 151
child was abandoned. The term does not include a surrendered 152
newborn infant as described in s. 383.50, a "child in need of 153
services" as defined in chapter 984, or a "family in need of 154
services" as defined in chapter 984. The absence of a parent, 155
legal custodian, or care giver responsible for a child's welfare, 156
who is a servicemember, by reason of deployment or anticipated 157
deployment as defined in 50 U.S.C. s. 3938(e), may not be 158
considered or used as a factor in determining abandonment. The 159
incarceration, repeated incarce ration, or extended incarceration 160
of a parent, legal custodian, or caregiver responsible for a 161
child's welfare may support a finding of abandonment. 162
(34) "Harm" to a child's health or welfare can occur when 163
any person: 164
(e) Abandons the child. Within th e context of the 165
definition of "harm," the term "abandoned the child" or 166
"abandonment of the child" means a situation in which the parent 167
or legal custodian of a child or, in the absence of a parent or 168
legal custodian, the caregiver, while being able, has made no 169
significant contribution to the child's care and maintenance or 170
has failed to establish or maintain a substantial and positive 171
relationship with the child, or both. For purposes of this 172
paragraph, "establish or maintain a substantial and positive 173
relationship" includes, but is not limited to, frequent and 174
regular contact with the child through frequent and regular 175
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visitation or frequent and regular communication to or with the 176
child, and the exercise of parental rights and responsibilities. 177
Marginal efforts and incidental or token visits or 178
communications are not sufficient to establish or maintain a 179
substantial and positive relationship with a child. The term 180
"abandoned" does not include a surrendered newborn infant as 181
described in s. 383.50, a chil d in need of services as defined 182
in chapter 984, or a family in need of services as defined in 183
chapter 984. The incarceration, repeated incarceration, or 184
extended incarceration of a parent, legal custodian, or 185
caregiver responsible for a child's welfare ma y support a 186
finding of abandonment. 187
Section 3. Paragraph (e) of subsection (3) of section 188
39.201, Florida Statutes, is amended to read: 189
39.201 Required reports of child abuse, abandonment, or 190
neglect, sexual abuse of a child, and juvenile sexual abus e; 191
required reports of death; reports involving a child who has 192
exhibited inappropriate sexual behavior. — 193
(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. — 194
(e) Surrendered newborn infants.— 195
1. The central abuse hotline must receive reports 196
involving surrendered newborn infants as described in s. 383.50. 197
2.a. A report may not be considered a report of child 198
abuse, abandonment, or neglect solely because the infant has 199
been left at a hospital, emergency medical services station, or 200
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fire station under s . 383.50. 201
b. If the report involving a surrendered newborn infant 202
does not include indications of child abuse, abandonment, or 203
neglect other than that necessarily entailed in the infant 204
having been left at a hospital, emergency medical services 205
station, or fire station, the central abuse hotline must provide 206
to the person making the report the name of an eligible licensed 207
child-placing agency that is required to accept physical custody 208
of and to place surrendered newborn infants. The department 209
shall provide names of eligible licensed child -placing agencies 210
on a rotating basis. 211
3. If the report includes indications of child abuse, 212
abandonment, or neglect beyond that necessarily entailed in the 213
infant having been left at a hospital, emergency medical 214
services station, or fire station, the report must be considered 215
as a report of child abuse, abandonment, or neglect and, 216
notwithstanding chapter 383, is subject to s. 39.395 and all 217
other relevant provisions of this chapter. 218
Section 4. Subsections (4) and (10) of section 63.0423, 219
Florida Statutes, are amended to read: 220
63.0423 Procedures with respect to surrendered infants. — 221
(4) The parent who surrenders the infant in accordance 222
with s. 383.50 is presumed to have consented to termination of 223
parental rights, and express consent is not required. Except 224
when there is actual or suspected child abuse or neglect, the 225
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licensed child-placing agency may shall not attempt to pursue, 226
search for, or notify that parent as provided in s. 63.088 and 227
chapter 49. For purposes of s. 383.50 and this section, an 228
infant who tests positive for illegal drugs, narcotic 229
prescription drugs, alcohol, or other substances, but shows no 230
other signs of child abuse or neglect, shall be placed in the 231
custody of a licensed child -placing agency. Such a placement 232
does not eliminate the reporting requirement under s. 383.50(7). 233
When the department is contacted regarding an infant properly 234
surrendered under this section and s. 383.50, the department 235
shall provide instruction to contact a licen sed child-placing 236
agency and may not take custody of the infant unless reasonable 237
efforts to contact a licensed child -placing agency to accept the 238
infant have not been successful. 239
(10) Except to the extent expressly provided in this 240
section, proceedings initiated by a licensed child -placing 241
agency for the termination of parental rights and subsequent 242
adoption of an infant a newborn left at a hospital, emergency 243
medical services station, or fire station in accordance with s. 244
383.50 shall be conducted pursu ant to this chapter. 245
Section 5. Paragraph (f) of subsection (2) of section 246
63.167, Florida Statutes, is amended to read: 247
63.167 State adoption information center. — 248
(2) The functions of the state adoption information center 249
shall include: 250
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(f) Maintaining a list of licensed child -placing agencies 251
eligible and willing to take custody of and place newborn 252
infants left at a hospital, pursuant to s. 383.50. The names and 253
contact information for the licensed child -placing agencies on 254
the list shall be provided on a rotating basis to the statewide 255
central abuse hotline. 256
Section 6. Section 383.51, Florida Statutes, is amended to 257
read: 258
383.51 Confidentiality; identification of parent leaving 259
newborn infant at hospital, emergency medical servic es station, 260
or fire station.—The identity of a parent who leaves an a 261
newborn infant at a hospital, emergency medical services 262
station, or fire station in accordance with s. 383.50 is 263
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 264
of the State Constitution. The identity of a parent leaving a 265
child shall be disclosed to a person claiming to be a parent of 266
the newborn infant. 267
Section 7. Section 827.035, Florida Statutes, is amended 268
to read: 269
827.035 Newborn Infants.—It does shall not constitute 270
neglect of a child pursuant to s. 827.03 or contributing to the 271
dependency of a child pursuant to s. 827.04 , if a parent leaves 272
an a newborn infant at a hospital, emergency medical services 273
station, or fire station or brings an a newborn infant to an 274
emergency room and expresses an intent to leave the infant and 275
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not return, in compliance with s. 383.50. 276
Section 8. Subsection (3) of section 827.10, Florida 277
Statutes, is amended to read: 278
827.10 Unlawful desertion of a child. — 279
(3) This section do es not apply to a person who surrenders 280
an a newborn infant in compliance with s. 383.50. 281
Section 9. This act shall take effect July 1, 2024. 282