House File 425 - Introduced HOUSE FILE 425 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HSB 136) A BILL FOR An Act relating to the release 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 1621HV (1) 90 pf/rh
H.F. 425 Section 1. Section 233.1, Code 2023, is amended to read as 1 follows: 2 233.1 Newborn safe haven Act definitions. 3 1. This chapter may be cited as the Newborn Safe Haven 4 Act . 5 2. For the purposes of this chapter , unless the context 6 otherwise requires: 7 a. Emergency medical care provider location means the 8 physical business location of an emergency medical care 9 provider. 10 b. Fire department means a paid or volunteer fire 11 protection service provided by a benefited fire district under 12 chapter 357B or by a county, municipality or township, or a 13 private corporate organization that has a valid contract to 14 provide fire protection service for a benefited fire district, 15 county, municipality, township, or governmental agency. 16 c. Fire station means the physical business location of 17 a fire department. 18 a. d. First responder means an emergency medical care 19 provider as defined in section 147A.1 , a registered nurse 20 staffing an authorized service program under section 147A.12 , 21 a physician assistant staffing an authorized service program 22 under section 147A.13 , a fire fighter, or a peace officer as 23 defined in section 801.4 . 24 b. e. Institutional health facility means a hospital 25 as defined in section 135B.1 , including a facility providing 26 medical or health services that is open twenty-four hours per 27 day, seven days per week , and is including a hospital emergency 28 room or a health care facility as defined in section 135C.1 . 29 c. f. Newborn infant means a child who is, or who appears 30 to be, ninety days of age or younger. 31 g. Newborn safety device means a padded and 32 climate-controlled receptacle that meets one of the following 33 requirements: 34 (1) If the receptacle is located at a hospital, the 35 -1- LSB 1621HV (1) 90 pf/rh 1/ 8
H.F. 425 receptacle is conspicuous and visible to hospital staff. 1 (2) If the receptacle is located at a fire station or an 2 emergency medical care provider location: 3 (a) The fire station or emergency medical care provider 4 location is staffed by a first responder twenty-four hours per 5 day, seven days per week, notwithstanding the time staff is 6 dispatched for an emergency. 7 (b) The receptacle is located in an area that is conspicuous 8 and visible to staff, or the receptacle is located in an area 9 that is not visible to staff but is equipped with a motion 10 sensor and a dual alarm system. The dual alarm system shall 11 be programmed to sound first when the receptacle is opened, 12 immediately placing a telephone call to a 911 service and 13 dispatching an emergency medical care provider or a fire 14 fighter to the location of the receptacle, and to sound a 15 second time, immediately placing a telephone call to a 911 16 service after movement is detected inside the receptacle. 17 Sec. 2. Section 233.2, Code 2023, is amended to read as 18 follows: 19 233.2 Newborn infant custody release procedures. 20 1. a. A parent of a newborn infant may voluntarily release 21 custody of the newborn infant by as follows: 22 (1) By relinquishing physical custody of the newborn 23 infant, without expressing an intent to again assume physical 24 custody, at an institutional health facility or a fire station, 25 or by authorizing another person to relinquish physical custody 26 on the parents behalf. If physical custody of the newborn 27 infant is not relinquished directly to an individual on duty 28 at the an institutional health facility or a fire station , the 29 parent may take other actions to be reasonably sure that an 30 individual on duty is aware that the newborn infant has been 31 left at the institutional health facility or fire station . The 32 actions may include but are not limited to making telephone 33 contact with the institutional health facility or fire station, 34 or a 911 service. 35 -2- LSB 1621HV (1) 90 pf/rh 2/ 8
H.F. 425 (2) By relinquishing physical custody of the newborn infant 1 to medical staff at a hospital or other facility following 2 delivery of the newborn infant in the hospital or other 3 facility when the parent notifies the medical staff that the 4 parent is voluntarily relinquishing physical custody of the 5 newborn infant without expressing an intent to again assume 6 physical custody. 7 (3) By relinquishing physical custody of the newborn infant 8 at a hospital, a fire station, or an emergency medical care 9 provider location, through a newborn safety device, without 10 expressing an intent to again assume physical custody. 11 b. In lieu of the procedure described in paragraph a , 12 a parent of a newborn infant may make telephone contact with 13 a 911 service and relinquish physical custody of the newborn 14 infant, without expressing an intent to again assume physical 15 custody, to a first responder who responds to the 911 telephone 16 call. 17 c. For the purposes of this chapter and for any judicial 18 proceedings associated with the newborn infant, a rebuttable 19 presumption arises that the person who relinquishes physical 20 custody at an institutional health facility or to a first 21 responder in accordance with this section is the newborn 22 infants parent or has relinquished physical custody with the 23 parents authorization. 24 2. a. Unless the parent or other person relinquishing 25 physical custody of a newborn infant clearly expresses an 26 intent to return to again assume physical custody of the 27 newborn infant, an individual on duty or medical staff, as 28 applicable, at the institutional health facility , emergency 29 medical care provider location, or fire station at which 30 physical custody of the newborn infant was relinquished, or a 31 first responder to whom physical custody of the newborn infant 32 was relinquished, pursuant to subsection 1 shall take physical 33 custody of the newborn infant. The individual on duty or first 34 responder who takes physical custody of the newborn infant may 35 -3- LSB 1621HV (1) 90 pf/rh 3/ 8
H.F. 425 request the parent or other person to provide the name of the 1 parent or parents and information on the medical history of 2 the newborn infant and the newborn infants parent or parents. 3 However, the parent or other person is not required to provide 4 the names or medical history information to comply with this 5 section . The individual on duty or first responder who takes 6 custody of the newborn infant may perform reasonable acts 7 necessary to protect the physical health or safety of the 8 newborn infant. The individual on duty and who takes custody 9 of the newborn infant, the institutional health facility in , 10 the emergency medical care provider location, or the fire 11 station at which the individual was on duty took custody of 12 the newborn infant, and the first responder are immune from 13 criminal or civil liability for any acts or omissions made in 14 good faith to comply with this section . 15 b. If the physical custody of a newborn infant is 16 relinquished at an emergency medical care provider location 17 or a fire station, or to a first responder who responded to a 18 911 telephone call , the individual who took physical custody 19 of the newborn infant or the first responder shall transport 20 the newborn infant to the nearest institutional health 21 facility. The individual or first responder shall provide any 22 parental identification or medical history information to the 23 institutional health facility. 24 c. If the physical custody of the newborn infant is 25 relinquished at an institutional health facility, the state 26 shall reimburse the institutional health facility for the 27 institutional health facilitys actual expenses in providing 28 care to the newborn infant and in performing acts necessary to 29 protect the physical health or safety of the newborn infant. 30 The reimbursement shall be paid from moneys appropriated for 31 this purpose to the department of human services. 32 d. If the name of the parent is unknown to the institutional 33 health facility, the individual on duty or other person 34 designated by the institutional health facility at which 35 -4- LSB 1621HV (1) 90 pf/rh 4/ 8
H.F. 425 physical custody of the newborn infant was relinquished shall 1 submit the certificate of birth report as required pursuant to 2 section 144.14 . If the name of the parent is disclosed to the 3 institutional health facility, the facility shall submit the 4 certificate of birth report as required pursuant to section 5 144.13 . The department of public health and human services 6 shall not file the certificate of birth with the county of 7 birth and shall otherwise maintain the confidentiality of the 8 birth certificate in accordance with section 144.43 . 9 3. As soon as possible after the individual on duty or first 10 responder assumes physical custody of a newborn infant released 11 under subsection 1 , the individual or first responder shall 12 notify the department of health and human services and the 13 department shall take the actions necessary to assume the care, 14 control, and custody of the newborn infant. 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 , the department to take custody of the newborn 20 infant. Upon receiving the order, the department shall take 21 custody of the newborn infant. Within twenty-four hours of 22 taking custody of the newborn infant, the department shall 23 notify the juvenile court and the county attorney in writing 24 of the departments action and the circumstances surrounding 25 the action. 26 4. a. Upon being notified in writing by the department 27 under subsection 3 , the county attorney shall file a 28 petition alleging the newborn infant to be a child in need of 29 assistance in accordance with section 232.87 and a petition 30 for termination of parental rights with respect to the newborn 31 infant in accordance with section 232.111, subsection 2 , 32 paragraph a . A hearing on a child in need of assistance 33 petition filed pursuant to this subsection shall be held at 34 the earliest practicable time. A hearing on a termination of 35 -5- LSB 1621HV (1) 90 pf/rh 5/ 8
H.F. 425 parental rights petition filed pursuant to this subsection 1 shall be held no later than thirty days after the day the 2 physical custody of the newborn child was relinquished 3 in accordance with subsection 1 unless the juvenile court 4 continues the hearing beyond the thirty days for good cause 5 shown. 6 b. Notice of a petition filed pursuant to this subsection 7 shall be provided to any known parent and others in accordance 8 with the provisions of chapter 232 and shall be served upon any 9 putative father registered with the state registrar of vital 10 statistics pursuant to section 144.12A . In addition, prior to 11 holding a termination of parental rights hearing with respect 12 to the newborn infant, notice by publication shall be provided 13 as described in section 600A.6, subsection 5 . 14 5. Reasonable efforts, as defined in section 232.102 , that 15 are made in regard to the newborn infant shall be limited to 16 the efforts made in a timely manner to finalize a permanency 17 plan for the newborn infant. 18 6. An individual on duty at an institutional health facility 19 or first responder who assumes custody of a newborn infant upon 20 the release of the newborn infant under subsection 1 shall be 21 provided notice of any hearing held concerning the newborn 22 infant at the same time notice is provided to other parties to 23 the hearing and the individual or first responder may provide 24 testimony at the hearing. 25 Sec. 3. Section 233.4, Code 2023, is amended to read as 26 follows: 27 233.4 Rights of parents. 28 Either parent of a newborn infant whose custody was released 29 in accordance with section 233.2 may intervene in the child 30 in need of assistance or termination of parental rights 31 proceedings held regarding the newborn infant and request that 32 the juvenile court grant custody of the newborn infant to 33 the parent. The requester must show by clear and convincing 34 evidence including but not limited to by the use of DNA 35 -6- LSB 1621HV (1) 90 pf/rh 6/ 8
H.F. 425 profiling as defined in section 81.1 that the requester is the 1 parent of the newborn infant. If the court determines that the 2 requester is the parent of the newborn infant and that granting 3 custody of the newborn infant to the parent is in the newborn 4 infants best interest, the court shall issue an order granting 5 custody of the newborn infant to the parent. In addition to 6 such order, the court may order services for the newborn infant 7 and the parent as are in the best interest of the newborn 8 infant. 9 Sec. 4. Section 233.6, Code 2023, is amended to read as 10 follows: 11 233.6 Educational and public information. 12 The department of health and human services , in consultation 13 with the Iowa department of public health and the department of 14 justice , shall develop and distribute the following: 15 1. An information card or other publication for 16 distribution by an institutional health facility , an emergency 17 medical care provider location, a fire station, or a first 18 responder to a parent who releases custody of a newborn infant 19 in accordance with this chapter . The publication shall inform 20 the parent of a parents rights under section 233.4 , explain 21 the request for medical history information under section 22 233.2, subsection 2 , and provide other information deemed 23 pertinent by the departments. 24 2. Educational materials, public information announcements, 25 and other resources to develop awareness of the availability of 26 the newborn safe haven Act among adolescents, young parents, 27 and others who might avail themselves of this chapter . 28 3. Signage that may be used to identify the institutional 29 health facilities , emergency medical care provider locations, 30 or fire stations, at which physical custody of a newborn infant 31 may be relinquished in accordance with this chapter . 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanations substance by the members of the general assembly. 35 -7- LSB 1621HV (1) 90 pf/rh 7/ 8
H.F. 425 This bill relates to the release of custody of a newborn 1 infant under the newborn safe haven Act. 2 The bill provides that in addition to current provisions 3 that allow a parent of a newborn infant to voluntarily 4 relinquish physical custody of the newborn infant directly 5 or indirectly at an institutional health facility or to a 6 first responder in response to a 911 call, a parent may also 7 relinquish physical custody of a newborn directly or indirectly 8 at a fire station, by relinquishing physical custody of the 9 newborn infant to medical staff of a hospital or other facility 10 following delivery of the newborn infant in the hospital or 11 other facility when the parent notifies the medical staff that 12 the parent is voluntarily relinquishing physical custody of the 13 newborn infant; or by relinquishing physical custody of the 14 newborn infant at a hospital, fire station, or an emergency 15 medical care provider location, through a newborn safety 16 device. 17 The bill also provides that with regard to the rights of 18 parents of the newborn infant, a parent requesting that custody 19 of the newborn infant be granted to the parent may use DNA 20 profiling to show by clear and convincing evidence that the 21 person is the parent of the newborn infant. 22 The bill makes conforming changes throughout Code chapter 23 233 (newborn safe haven Act) consistent with the changes in the 24 bill. 25 -8- LSB 1621HV (1) 90 pf/rh 8/ 8