Florida Senate - 2024 SB 790 By Senator Yarborough 4-00535A-24 2024790__ 1 A bill to be entitled 2 An act relating to surrendered infants; amending s. 3 383.50, F.S.; changing the term newborn infant to 4 infant; increasing the age at which a child is 5 considered an infant; authorizing a parent to leave an 6 infant with medical staff or a licensed health care 7 professional at a hospital after the delivery of the 8 infant, upon the parent giving a certain notification; 9 authorizing a parent to surrender an infant by calling 10 911 to request that an emergency medical services 11 provider meet the surrendering parent at a specified 12 location; requiring the surrendering parent to stay 13 with the infant until the emergency medical services 14 provider arrives to take custody of the infant; 15 amending ss. 39.01, 39.201, 63.0423, 63.167, 383.51, 16 827.035, and 827.10, F.S.; conforming provisions to 17 changes made by the act; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Section 383.50, Florida Statutes, is amended to 22 read: 23 383.50Treatment of surrendered newborn infant. 24 (1)As used in this section, the term newborn infant 25 means a child who a licensed physician reasonably believes is 26 approximately 30 7 days old or younger at the time the child is 27 left at a hospital, an emergency medical services station, or a 28 fire station. 29 (2)There is a presumption that the parent who leaves the 30 newborn infant in accordance with this section intended to leave 31 the newborn infant and consented to termination of parental 32 rights. 33 (3)Each emergency medical services station or fire station 34 that is staffed with full-time firefighters, emergency medical 35 technicians, or paramedics shall accept any newborn infant left 36 with a firefighter, an emergency medical technician, or a 37 paramedic. The firefighter, emergency medical technician, or 38 paramedic shall consider these actions as implied consent to and 39 shall: 40 (a)Provide emergency medical services to the newborn 41 infant to the extent that he or she is trained to provide those 42 services;, and 43 (b)Arrange for the immediate transportation of the newborn 44 infant to the nearest hospital having emergency 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 or agent of a licensee or fire department, such placement is 51 shall be considered implied consent 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 licensed 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 services 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 treatment, 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 This subsection does not limit limits liability for negligence. 76 (5)Except when there is actual or suspected child abuse or 77 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 mothers request, the hospital or registrar 87 shall complete the infants 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 child 99 placing agency or alternatively contact the statewide central 100 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 hospital 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 Health takes physical custody of the infant child. 120 (10)If the parent of an infant is unable to surrender the 121 infant in accordance with this section, the parent may call 911 122 to request that an emergency medical services provider meet the 123 surrendering parent at a specified location. The surrendering 124 parent must stay with the infant until the emergency medical 125 services provider arrives to take custody of the infant. 126 (11)A criminal investigation may shall not be initiated 127 solely because an a newborn infant is surrendered in accordance 128 with left at a hospital under this section unless there is 129 actual or suspected child abuse or neglect. 130 Section 2.Subsection (1) and paragraph (e) of subsection 131 (34) of section 39.01, Florida Statutes, are amended to read: 132 39.01Definitions.When used in this chapter, unless the 133 context otherwise requires: 134 (1)Abandoned or abandonment means a situation in which 135 the parent or legal custodian of a child or, in the absence of a 136 parent or legal custodian, the caregiver, while being able, has 137 made no significant contribution to the childs care and 138 maintenance or has failed to establish or maintain a substantial 139 and positive relationship with the child, or both. For purposes 140 of this subsection, establish or maintain a substantial and 141 positive relationship includes, but is not limited to, frequent 142 and regular contact with the child through frequent and regular 143 visitation or frequent and regular communication to or with the 144 child, and the exercise of parental rights and responsibilities. 145 Marginal efforts and incidental or token visits or 146 communications are not sufficient to establish or maintain a 147 substantial and positive relationship with a child. A mans 148 acknowledgment of paternity of the child does not limit the 149 period of time considered in determining whether the child was 150 abandoned. The term does not include a surrendered newborn 151 infant as described in s. 383.50, a child in need of services 152 as defined in chapter 984, or a family in need of services as 153 defined in chapter 984. The absence of a parent, legal 154 custodian, or caregiver responsible for a childs welfare, who 155 is a servicemember, by reason of deployment or anticipated 156 deployment as defined in 50 U.S.C. s. 3938(e), may not be 157 considered or used as a factor in determining abandonment. The 158 incarceration, repeated incarceration, or extended incarceration 159 of a parent, legal custodian, or caregiver responsible for a 160 childs welfare may support a finding of abandonment. 161 (34)Harm to a childs health or welfare can occur when 162 any person: 163 (e)Abandons the child. Within the context of the 164 definition of harm, the term abandoned the child or 165 abandonment of the child means a situation in which the parent 166 or legal custodian of a child or, in the absence of a parent or 167 legal custodian, the caregiver, while being able, has made no 168 significant contribution to the childs care and maintenance or 169 has failed to establish or maintain a substantial and positive 170 relationship with the child, or both. For purposes of this 171 paragraph, establish or maintain a substantial and positive 172 relationship includes, but is not limited to, frequent and 173 regular contact with the child through frequent and regular 174 visitation or frequent and regular communication to or with the 175 child, and the exercise of parental rights and responsibilities. 176 Marginal efforts and incidental or token visits or 177 communications are not sufficient to establish or maintain a 178 substantial and positive relationship with a child. The term 179 abandoned does not include a surrendered newborn infant as 180 described in s. 383.50, a child in need of services as defined 181 in chapter 984, or a family in need of services as defined in 182 chapter 984. The incarceration, repeated incarceration, or 183 extended incarceration of a parent, legal custodian, or 184 caregiver responsible for a childs welfare may support a 185 finding of abandonment. 186 Section 3.Paragraph (e) of subsection (3) of section 187 39.201, Florida Statutes, is amended to read: 188 39.201Required reports of child abuse, abandonment, or 189 neglect, sexual abuse of a child, and juvenile sexual abuse; 190 required reports of death; reports involving a child who has 191 exhibited inappropriate sexual behavior. 192 (3)ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. 193 (e)Surrendered newborn infants. 194 1.The central abuse hotline must receive reports involving 195 surrendered newborn infants as described in s. 383.50. 196 2.a.A report may not be considered a report of child 197 abuse, abandonment, or neglect solely because the infant has 198 been surrendered in accordance with left at a hospital, 199 emergency medical services station, or fire station under s. 200 383.50. 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 surrendered left at a hospital, emergency medical 205 services station, or fire station, the central abuse hotline 206 must provide to the person making the report the name of an 207 eligible licensed child-placing agency that is required to 208 accept physical custody of and to place surrendered newborn 209 infants. The department shall provide names of eligible licensed 210 child-placing agencies 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 surrendered left at a hospital, emergency 214 medical services station, or fire station, the report must be 215 considered as a report of child abuse, abandonment, or neglect 216 and, notwithstanding chapter 383, is subject to s. 39.395 and 217 all other relevant provisions of this chapter. 218 Section 4.Subsections (1) and (4), paragraph (c) of 219 subsection (7), and subsection (10) of section 63.0423, Florida 220 Statutes, are amended to read: 221 63.0423Procedures with respect to surrendered infants. 222 (1)Upon entry of final judgment terminating parental 223 rights, a licensed child-placing agency that takes physical 224 custody of an infant surrendered in accordance with at a 225 hospital, emergency medical services station, or fire station 226 pursuant to s. 383.50 assumes responsibility for the medical and 227 other costs associated with the emergency services and care of 228 the surrendered infant from the time the licensed child-placing 229 agency takes physical custody of the surrendered infant. 230 (4)The parent who surrenders the infant in accordance with 231 s. 383.50 is presumed to have consented to termination of 232 parental rights, and express consent is not required. Except 233 when there is actual or suspected child abuse or neglect, the 234 licensed child-placing agency may shall not attempt to pursue, 235 search for, or notify that parent as provided in s. 63.088 and 236 chapter 49. For purposes of s. 383.50 and this section, a 237 surrendered an infant who tests positive for illegal drugs, 238 narcotic prescription drugs, alcohol, or other substances, but 239 shows no other signs of child abuse or neglect, shall be placed 240 in the custody of a licensed child-placing agency. Such a 241 placement does not eliminate the reporting requirement under s. 242 383.50(7). When the department is contacted regarding an infant 243 properly surrendered under this section and s. 383.50, the 244 department shall provide instruction to contact a licensed 245 child-placing agency and may not take custody of the infant 246 unless reasonable efforts to contact a licensed child-placing 247 agency to accept the infant have not been successful. 248 (7)If a claim of parental rights of a surrendered infant 249 is made before the judgment to terminate parental rights is 250 entered, the circuit court may hold the action for termination 251 of parental rights in abeyance for a period of time not to 252 exceed 60 days. 253 (c)The court may not terminate parental rights solely on 254 the basis that the parent surrendered left the infant at a 255 hospital, emergency medical services station, or fire station in 256 accordance with s. 383.50. 257 (10)Except to the extent expressly provided in this 258 section, proceedings initiated by a licensed child-placing 259 agency for the termination of parental rights and subsequent 260 adoption of an infant surrendered a newborn left at a hospital, 261 emergency medical services station, or fire station in 262 accordance with s. 383.50 shall be conducted pursuant to this 263 chapter. 264 Section 5.Paragraph (f) of subsection (2) of section 265 63.167, Florida Statutes, is amended to read: 266 63.167State adoption information center. 267 (2)The functions of the state adoption information center 268 shall include: 269 (f)Maintaining a list of licensed child-placing agencies 270 eligible and willing to take custody of and place newborn 271 infants surrendered in accordance with left at a hospital, 272 pursuant to s. 383.50. The names and contact information for the 273 licensed child-placing agencies on the list shall be provided on 274 a rotating basis to the statewide central abuse hotline. 275 Section 6.Section 383.51, Florida Statutes, is amended to 276 read: 277 383.51Confidentiality; identification of parent 278 surrendering leaving newborn infant at hospital, emergency 279 medical services station, or fire station.The identity of a 280 parent who surrenders an leaves a newborn infant at a hospital, 281 emergency medical services station, or fire station in 282 accordance with s. 383.50 is confidential and exempt from s. 283 119.07(1) and s. 24(a), Art. I of the State Constitution. The 284 identity of a parent surrendering an infant leaving a child 285 shall be disclosed to a person claiming to be a parent of the 286 newborn infant. 287 Section 7.Section 827.035, Florida Statutes, is amended to 288 read: 289 827.035Newborn Infants.It does shall not constitute 290 neglect of a child pursuant to s. 827.03 or contributing to the 291 dependency of a child pursuant to s. 827.04, if a parent 292 surrenders an leaves a newborn infant in accordance at a 293 hospital, emergency medical services station, or fire station or 294 brings a newborn infant to an emergency room and expresses an 295 intent to leave the infant and not return, in compliance with s. 296 383.50. 297 Section 8.Subsection (3) of section 827.10, Florida 298 Statutes, is amended to read: 299 827.10Unlawful desertion of a child. 300 (3)This section does not apply to a person who surrenders 301 an a newborn infant in accordance compliance with s. 383.50. 302 Section 9.This act shall take effect July 1, 2024.