House File 195 - Introduced HOUSE FILE 195 BY LOHSE and JONES A BILL FOR An Act relating to placement of custody of a newborn infant 1 under the newborn safe haven Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1495YH (7) 90 pf/rh
H.F. 195 Section 1. Section 232.2, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 40A. Newborn infant means the same as 3 defined in section 233.1. 4 Sec. 2. Section 232.78, Code 2023, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 9. a. Notwithstanding any provision to 7 the contrary including priority in placement of a child under 8 subsection 8, if the department requests an ex parte order 9 from the juvenile court under this section pursuant to section 10 233.2 for transfer of custody of a newborn infant, one of the 11 following shall be applicable: 12 (1) If physical custody of the newborn infant was not 13 initially relinquished under section 233.2 to an adoption 14 service provider, the department shall request that custody be 15 transferred to the department. 16 (2) If physical custody of the newborn infant was initially 17 relinquished under section 233.2 to an adoption service 18 provider, the department shall request that custody be 19 transferred to the adoption service provider. 20 b. Upon receiving the order, the department or the adoption 21 service provider shall take custody of the newborn infant and 22 proceed in accordance with chapter 233. 23 c. For the purposes of this subsection, adoption service 24 provider means the same as defined in section 233.1. 25 Sec. 3. Section 232.95, Code 2023, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 2A. Notwithstanding any provision to the 28 contrary including placement of custody of a child pursuant to 29 subsection 2, if the hearing under this section is the result 30 of a request for an ex parte order from the court pursuant to 31 section 232.78 for a newborn infant for whom physical custody 32 was relinquished pursuant to section 233.2, the court shall 33 place custody of the child as provided in section 232.78, 34 subsection 9, and proceed in accordance with chapter 233. 35 -1- LSB 1495YH (7) 90 pf/rh 1/ 11
H.F. 195 Sec. 4. Section 232.102, Code 2023, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 11. Notwithstanding any provision to the 3 contrary, transfer of legal custody and placement of a newborn 4 infant for whom physical custody was relinquished pursuant to 5 section 233.2 shall be determined in accordance with chapter 6 233. 7 Sec. 5. Section 232.104, Code 2023, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 10. Notwithstanding any provision to the 10 contrary, legal custody and placement of a newborn infant for 11 whom physical custody was relinquished pursuant to section 12 233.2 shall be determined in accordance with chapter 233. 13 Sec. 6. Section 233.1, Code 2023, is amended to read as 14 follows: 15 233.1 Newborn safe haven Act definitions. 16 1. This chapter may be cited as the Newborn Safe Haven 17 Act . 18 2. For the purposes of this chapter , unless the context 19 otherwise requires: 20 a. Adoption service provider means a state-licensed 21 private agency which represents itself as placing children 22 permanently or temporarily in private family homes, receiving 23 children for placement in private family homes, and actually 24 engaging in placement of children in private family homes for 25 adoption. 26 b. Certified adoption investigator means the same as 27 defined in section 600A.2. 28 c. Department means the department of health and human 29 services. 30 a. d. First responder means an emergency medical care 31 provider, a registered nurse staffing an authorized service 32 program under section 147A.12 , a physician assistant staffing 33 an authorized service program under section 147A.13 , a fire 34 fighter, or a peace officer as defined in section 801.4 . 35 -2- LSB 1495YH (7) 90 pf/rh 2/ 11
H.F. 195 b. e. Institutional health facility means a hospital 1 as defined in section 135B.1 , including a facility providing 2 medical or health services that is open twenty-four hours per 3 day, seven days per week and is a hospital emergency room or a 4 health care facility as defined in section 135C.1 . 5 c. f. Newborn infant means a child who is, or who appears 6 to be, ninety days of age or younger. 7 Sec. 7. Section 233.2, Code 2023, is amended to read as 8 follows: 9 233.2 Newborn infant custody release procedures. 10 1. a. A parent of a newborn infant may voluntarily release 11 custody of the newborn infant by relinquishing physical custody 12 of the newborn infant, without expressing an intent to again 13 assume physical custody, at an institutional health facility 14 or to an adoption service provider or by authorizing another 15 person to relinquish physical custody on the parents behalf. 16 If physical custody of the newborn infant is not relinquished 17 directly to an individual on duty at the institutional health 18 facility or to an adoption service provider , the parent may 19 take other actions to be reasonably sure that an individual on 20 duty or the adoption service provider is aware that the newborn 21 infant has been left at the institutional health facility or 22 the location of the adoption service provider . The actions 23 may include but are not limited to making telephone contact 24 with the institutional health facility , the adoption service 25 provider, or a 911 service. 26 b. In lieu of the procedure described in paragraph a , 27 a parent of a newborn infant may make telephone contact with 28 a 911 service and relinquish physical custody of the newborn 29 infant, without expressing an intent to again assume physical 30 custody, to a first responder who responds to the 911 telephone 31 call. 32 c. For the purposes of this chapter and for any judicial 33 proceedings associated with the newborn infant, a rebuttable 34 presumption arises that the person who relinquishes physical 35 -3- LSB 1495YH (7) 90 pf/rh 3/ 11
H.F. 195 custody at an institutional health facility , to an adoption 1 service provider, or to a first responder in accordance with 2 this section is the newborn infants parent or has relinquished 3 physical custody with the parents authorization. 4 2. a. Unless the parent or other person relinquishing 5 physical custody of a newborn infant clearly expresses an 6 intent to return to again assume physical custody of the 7 newborn infant, an individual on duty at the facility at which 8 physical custody of the newborn infant was relinquished, the 9 adoption service provider to whom physical custody of the 10 newborn infant was relinquished, or a first responder to whom 11 physical custody of the newborn infant was relinquished, 12 pursuant to subsection 1 shall take physical custody of the 13 newborn infant. The individual on duty , the adoption service 14 provider, or the first responder may request the parent or 15 other person to provide the name of the parent or parents 16 and information on the medical history of the newborn infant 17 and the newborn infants parent or parents. However, the 18 parent or other person is not required to provide the names 19 or medical history information to comply with this section . 20 The individual on duty , the adoption service provider, or 21 the first responder may perform reasonable acts necessary to 22 protect the physical health or safety of the newborn infant. 23 The individual on duty and the institutional health facility 24 in which the individual was on duty , the adoption service 25 provider, and the first responder are immune from criminal or 26 civil liability for any acts or omissions made in good faith to 27 comply with this section . 28 b. If the physical custody of a newborn infant is 29 relinquished to a first responder or to an adoption service 30 provider , the first responder or the adoption service provider 31 shall transport the newborn infant to the nearest institutional 32 health facility. The first responder or the adoption service 33 provider shall provide any parental identification or medical 34 history information to the institutional health facility. 35 -4- LSB 1495YH (7) 90 pf/rh 4/ 11
H.F. 195 c. If the physical custody of the newborn infant is 1 relinquished at an institutional health facility, the state 2 shall reimburse the institutional health facility for the 3 institutional health facilitys actual expenses in providing 4 care to the newborn infant and in performing acts necessary to 5 protect the physical health or safety of the newborn infant. 6 The reimbursement shall be paid from moneys appropriated for 7 this purpose to the department of human services . 8 d. If the name of the parent is unknown to the institutional 9 health facility, the individual on duty or other person 10 designated by the institutional health facility at which 11 physical custody of the newborn infant was relinquished shall 12 submit the certificate of birth report as required pursuant 13 to section 144.14 . If the name of the parent is disclosed 14 to the institutional health facility, the facility shall 15 submit the certificate of birth report as required pursuant to 16 section 144.13 . The department of public health shall not file 17 the certificate of birth with the county of birth and shall 18 otherwise maintain the confidentiality of the birth certificate 19 in accordance with section 144.43 . 20 3. a. As soon as possible after the individual on duty , 21 the adoption service provider, or the first responder assumes 22 physical custody of a newborn infant released under subsection 23 1 , and, if applicable, the individual or the adoption service 24 provider transports the newborn infant to the nearest 25 institutional health facility under subsection 2, paragraph 26 b , the adoption service provider, or the first responder 27 shall notify the department of human services and the . The 28 department shall take the actions necessary for the department 29 or an adoption service provider to assume the care, control, 30 and custody of the newborn infant . The as follows: 31 (1) If physical custody of the newborn infant was not 32 initially relinquished to an adoption service provider, 33 the department shall immediately notify the juvenile court 34 and the county attorney of the departments action and the 35 -5- LSB 1495YH (7) 90 pf/rh 5/ 11
H.F. 195 circumstances surrounding the action and request an ex parte 1 order from the juvenile court ordering, in accordance with the 2 requirements of section 232.78 , subsection 9, the department 3 to take custody of the newborn infant. Upon receiving the 4 order, the department shall take custody of the newborn 5 infant. After the department takes custody of the newborn 6 infant, notwithstanding any provision to the contrary relating 7 to priority placement of the child under section 232.78, the 8 department shall, if feasible, place the newborn infant in 9 a prospective adoptive home. The department shall maintain 10 a list of prospective adoptive homes that have completed 11 placement investigations and have been preapproved by the 12 department or a certified adoption investigator. 13 (2) If physical custody of the newborn infant was initially 14 relinquished to an adoption service provider, the department 15 shall immediately notify the juvenile court and the county 16 attorney of the departments action and the circumstances 17 surrounding the action and request an ex parte order from the 18 juvenile court ordering, in accordance with the requirements of 19 section 232.78, subsection 9, the adoption service provider to 20 take custody of the newborn infant. Upon receiving the order, 21 the adoption service provider shall take custody of the newborn 22 infant. 23 b. Within twenty-four hours of the department or the 24 adoption service provider taking custody of the newborn infant, 25 the department or the adoption service provider shall notify 26 the juvenile court and the county attorney in writing of the 27 departments or adoption service providers action and the 28 circumstances surrounding the action. 29 4. a. Upon being notified in writing by the department or 30 an adoption service provider under subsection 3 , the county 31 attorney shall file a petition alleging the newborn infant to 32 be a child in need of assistance in accordance with section 33 232.87 and a petition for termination of parental rights with 34 respect to the newborn infant in accordance with section 35 -6- LSB 1495YH (7) 90 pf/rh 6/ 11
H.F. 195 232.111, subsection 2 , paragraph a . A hearing on a child in 1 need of assistance petition filed pursuant to this subsection 2 shall be held at the earliest practicable time. A hearing on a 3 termination of parental rights petition filed pursuant to this 4 subsection shall be held no later than thirty days after the 5 day the physical custody of the newborn child was relinquished 6 in accordance with subsection 1 unless the juvenile court 7 continues the hearing beyond the thirty days for good cause 8 shown. 9 b. Notice of a petition filed pursuant to this subsection 10 shall be provided to any known parent and others in accordance 11 with the provisions of chapter 232 and shall be served upon any 12 putative father registered with the state registrar of vital 13 statistics pursuant to section 144.12A . In addition, prior to 14 holding a termination of parental rights hearing with respect 15 to the newborn infant, notice by publication shall be provided 16 as described in section 600A.6, subsection 5 . 17 5. Reasonable efforts, as defined in section 232.102 , that 18 are made in regard to the newborn infant shall be limited to 19 the efforts made in a timely manner to finalize a permanency 20 plan for the newborn infant. 21 6. An individual on duty at an institutional health 22 facility , an adoption service provider, or a first responder 23 who assumes custody of a newborn infant upon the release of 24 the newborn infant under subsection 1 shall be provided notice 25 of any hearing held concerning the newborn infant at the same 26 time notice is provided to other parties to the hearing and 27 the individual or first responder may provide testimony at the 28 hearing. 29 Sec. 8. Section 233.5, subsection 2, Code 2023, is amended 30 to read as follows: 31 2. A record described in subsection 1 may be inspected and 32 the contents disclosed without court order to the following: 33 a. The court and professional court staff, including 34 juvenile court officers. 35 -7- LSB 1495YH (7) 90 pf/rh 7/ 11
H.F. 195 b. The newborn infant and the newborn infants counsel. 1 c. The newborn infants parent, guardian, custodian, and 2 those persons counsel. 3 d. The newborn infants court appointed special advocate and 4 guardian ad litem. 5 e. The county attorney and the county attorneys assistants. 6 f. An agency, adoption service provider, association, 7 facility, or institution which has custody of the newborn 8 infant, or is legally responsible for the care, treatment, or 9 supervision of the newborn infant. 10 g. The newborn infants foster parent or an individual 11 providing a prospective adoptive home or preadoptive care to 12 the newborn infant. 13 Sec. 9. Section 233.6, Code 2023, is amended to read as 14 follows: 15 233.6 Educational and public information. 16 The department of human services, in consultation with the 17 Iowa department of public health and the department of justice, 18 shall develop and distribute the following: 19 1. An information card or other publication for 20 distribution by an institutional health facility , adoption 21 service provider, or a first responder to a parent who releases 22 custody of a newborn infant in accordance with this chapter . 23 The publication shall inform the parent of a parents rights 24 under section 233.4 , explain the request for medical history 25 information under section 233.2, subsection 2 , and provide 26 other information deemed pertinent by the departments. 27 2. Educational materials, public information announcements, 28 and other resources to develop awareness of the availability 29 of the newborn safe haven Act and the involvement of adoption 30 service providers among adolescents, young parents, and others 31 who might avail themselves of this chapter . 32 3. Signage that may be used to identify the institutional 33 health facilities and adoption service providers at which 34 physical custody of a newborn infant may be relinquished in 35 -8- LSB 1495YH (7) 90 pf/rh 8/ 11
H.F. 195 accordance with this chapter . 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanations substance by the members of the general assembly. 4 This bill relates to the placement of custody of a child 5 under Code chapter 233, the newborn safe haven Act. 6 The bill includes definitions used in the bill for the 7 purpose of Code chapter 233 including adoption service 8 provider which means a state-licensed private agency 9 which represents itself as placing children permanently or 10 temporarily in private family homes, receiving children for 11 placement in private family homes, and actually engaging in 12 placement of children in private family homes for adoption. 13 The bill amends the provisions relating to newborn infant 14 custody release procedures under Code chapter 233 to provide 15 for the relinquishing of physical custody of a newborn 16 infant, in addition to an institutional health facility or a 17 first responder, to an adoption service provider, and as a 18 result further provides that the adoption service provider 19 may request from the parent or other person relinquishing 20 the child to provide the name of the parent or parents and 21 information on the medical history of the newborn infant 22 and the newborn infants parent or parents; may perform 23 reasonable acts necessary to protect the physical health or 24 safety of the newborn infant; is immune from criminal or civil 25 liability for any acts or omissions made in good faith to 26 comply with the bill; and shall transport the newborn infant 27 to the nearest institutional health facility and provide any 28 parental identification or medical history information to the 29 institutional health facility. 30 As soon as possible after an assuming physical custody of and 31 transporting the newborn infant to the nearest institutional 32 health facility, if applicable, the entity that initially 33 took physical custody of the child, including an adoption 34 service provider under the bill, shall notify the department 35 -9- LSB 1495YH (7) 90 pf/rh 9/ 11
H.F. 195 of health and human services (HHS). Current Code chapter 233 1 directs HHS, once notified, to follow a process for HHS to take 2 care, custody, and control of the newborn infant and then, if 3 appropriate, proceed through child in need of assistance and 4 termination of parental rights proceedings. The bill provides 5 instead that if an adoption service provider initially assumes 6 physical care of a newborn infant, the process would allow the 7 adoption service provider, rather than HHS, to assume care, 8 custody, and control of the newborn infant and proceed through 9 the remainder of the process. Under the bill, if physical 10 custody of the newborn infant was not initially relinquished 11 to an adoption service provider, HHS would follow the existing 12 process and take custody of the newborn infant. After taking 13 custody of the newborn infant, under current law, HHS could 14 then transfer custody of the child, in order of priority, to 15 an adult relative of the child, a fictive kin, a suitable 16 placement identified by the childs relative, or foster care. 17 The bill provides instead that if HHS takes custody of the 18 newborn infant, notwithstanding any provision to the contrary 19 relating to placement of the child, HHS shall, if feasible, 20 place the newborn infant in a prospective adoptive home. The 21 department shall maintain a list of prospective adoptive 22 homes that have completed placement investigations and have 23 been preapproved by HHS or a certified adoption investigator. 24 Alternatively, under the bill, if physical custody of the 25 newborn infant was initially relinquished to an adoption 26 service provider, HHS shall request an ex parte order from the 27 juvenile court ordering, in accordance with the requirements 28 of new Code section 232.78(9), the adoption service provider, 29 rather than HHS, take custody of the newborn infant. Upon 30 receiving the order, the adoption service provider takes 31 custody of the newborn infant. The bill provides that 32 depending on whether custody of the child is placed with HHS 33 or the adoption service provider, either HHS or the adoption 34 service provider manages the remainder of the existing process, 35 -10- LSB 1495YH (7) 90 pf/rh 10/ 11
H.F. 195 including the child in need of assistance and termination of 1 parental rights proceedings. 2 The bill specifically includes adoption service providers 3 and prospective adoptive homes in those entities who may 4 have access to the record developed relating to release 5 of the newborn infant. The bill also provides that the 6 information, materials, announcements, and other resources 7 developed regarding the newborn safe haven Act include adoption 8 service providers as distributors of the resources and include 9 information about the involvement of adoption service providers 10 under the newborn safe haven Act, and identify adoption service 11 providers to whom a newborn infant may be relinquished. 12 The bill makes other conforming changes in the Code to 13 include the involvement of adoption service providers under the 14 newborn safe haven Act as provided under the bill. 15 -11- LSB 1495YH (7) 90 pf/rh 11/ 11