House File 474 - Introduced HOUSE FILE 474 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 195) 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 1495HV (2) 90 pf/rh
H.F. 474 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 1495HV (2) 90 pf/rh 1/ 11
H.F. 474 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 is recognized as exempt under section 22 501(c)(3) of the Internal Revenue Code and which represents 23 itself as placing children permanently or temporarily in 24 private family homes, receiving children for placement in 25 private family homes, and actually engaging in placement of 26 children in private family homes for adoption. 27 b. Certified adoption investigator means the same as 28 defined in section 600A.2. 29 c. Department means the department of health and human 30 services. 31 a. d. First responder means an emergency medical care 32 provider, a registered nurse staffing an authorized service 33 program under section 147A.12 , a physician assistant staffing 34 an authorized service program under section 147A.13 , a fire 35 -2- LSB 1495HV (2) 90 pf/rh 2/ 11
H.F. 474 fighter, or a peace officer as defined in section 801.4 . 1 b. e. Institutional health facility means a hospital 2 as defined in section 135B.1 , including a facility providing 3 medical or health services that is open twenty-four hours per 4 day, seven days per week and is a hospital emergency room or a 5 health care facility as defined in section 135C.1 . 6 c. f. Newborn infant means a child who is, or who appears 7 to be, ninety days of age or younger. 8 Sec. 7. Section 233.2, Code 2023, is amended to read as 9 follows: 10 233.2 Newborn infant custody release procedures. 11 1. a. A parent of a newborn infant may voluntarily release 12 custody of the newborn infant by relinquishing physical custody 13 of the newborn infant, without expressing an intent to again 14 assume physical custody, at an institutional health facility 15 or to an adoption service provider or by authorizing another 16 person to relinquish physical custody on the parents behalf. 17 If physical custody of the newborn infant is not relinquished 18 directly to an individual on duty at the institutional health 19 facility or to an adoption service provider , the parent may 20 take other actions to be reasonably sure that an individual on 21 duty or the adoption service provider is aware that the newborn 22 infant has been left at the institutional health facility or 23 the location of the adoption service provider . The actions 24 may include but are not limited to making telephone contact 25 with the institutional health facility , the adoption service 26 provider, or a 911 service. 27 b. In lieu of the procedure described in paragraph a , 28 a parent of a newborn infant may make telephone contact with 29 a 911 service and relinquish physical custody of the newborn 30 infant, without expressing an intent to again assume physical 31 custody, to a first responder who responds to the 911 telephone 32 call. 33 c. For the purposes of this chapter and for any judicial 34 proceedings associated with the newborn infant, a rebuttable 35 -3- LSB 1495HV (2) 90 pf/rh 3/ 11
H.F. 474 presumption arises that the person who relinquishes physical 1 custody at an institutional health facility , to an adoption 2 service provider, or to a first responder in accordance with 3 this section is the newborn infants parent or has relinquished 4 physical custody with the parents authorization. 5 2. a. Unless the parent or other person relinquishing 6 physical custody of a newborn infant clearly expresses an 7 intent to return to again assume physical custody of the 8 newborn infant, an individual on duty at the facility at which 9 physical custody of the newborn infant was relinquished, the 10 adoption service provider to whom physical custody of the 11 newborn infant was relinquished, or a first responder to whom 12 physical custody of the newborn infant was relinquished, 13 pursuant to subsection 1 shall take physical custody of the 14 newborn infant. The individual on duty , the adoption service 15 provider, or the first responder may request the parent or 16 other person to provide the name of the parent or parents 17 and information on the medical history of the newborn infant 18 and the newborn infants parent or parents. However, the 19 parent or other person is not required to provide the names 20 or medical history information to comply with this section . 21 The individual on duty , the adoption service provider, or 22 the first responder may perform reasonable acts necessary to 23 protect the physical health or safety of the newborn infant. 24 The individual on duty and the institutional health facility 25 in which the individual was on duty , the adoption service 26 provider, and the first responder are immune from criminal or 27 civil liability for any acts or omissions made in good faith to 28 comply with this section . 29 b. If the physical custody of a newborn infant is 30 relinquished to a first responder or to an adoption service 31 provider , the first responder or the adoption service provider 32 shall transport the newborn infant to the nearest institutional 33 health facility. The first responder or the adoption service 34 provider shall provide any parental identification or medical 35 -4- LSB 1495HV (2) 90 pf/rh 4/ 11
H.F. 474 history information to the institutional health facility. 1 c. If the physical custody of the newborn infant is 2 relinquished at an institutional health facility, the state 3 shall reimburse the institutional health facility for the 4 institutional health facilitys actual expenses in providing 5 care to the newborn infant and in performing acts necessary to 6 protect the physical health or safety of the newborn infant. 7 The reimbursement shall be paid from moneys appropriated for 8 this purpose to the department of human services . 9 d. If the name of the parent is unknown to the institutional 10 health facility, the individual on duty or other person 11 designated by the institutional health facility at which 12 physical custody of the newborn infant was relinquished shall 13 submit the certificate of birth report as required pursuant 14 to section 144.14 . If the name of the parent is disclosed 15 to the institutional health facility, the facility shall 16 submit the certificate of birth report as required pursuant to 17 section 144.13 . The department of public health shall not file 18 the certificate of birth with the county of birth and shall 19 otherwise maintain the confidentiality of the birth certificate 20 in accordance with section 144.43 . 21 3. a. As soon as possible after the individual on duty , 22 the adoption service provider, or the first responder assumes 23 physical custody of a newborn infant released under subsection 24 1 , and, if applicable, the individual or the adoption service 25 provider transports the newborn infant to the nearest 26 institutional health facility under subsection 2, paragraph 27 b , the adoption service provider, or the first responder 28 shall notify the department of human services and the . The 29 department shall take the actions necessary for the department 30 or an adoption service provider to assume the care, control, 31 and custody of the newborn infant . The as follows: 32 (1) If physical custody of the newborn infant was not 33 initially relinquished to an adoption service provider, 34 the department shall immediately notify the juvenile court 35 -5- LSB 1495HV (2) 90 pf/rh 5/ 11
H.F. 474 and the county attorney of the departments action and the 1 circumstances surrounding the action and request an ex parte 2 order from the juvenile court ordering, in accordance with the 3 requirements of section 232.78 , subsection 9, the department 4 to take custody of the newborn infant. Upon receiving the 5 order, the department shall take custody of the newborn 6 infant. After the department takes custody of the newborn 7 infant, notwithstanding any provision to the contrary relating 8 to priority placement of the child under section 232.78, the 9 department shall, if feasible, place the newborn infant in 10 a prospective adoptive home. The department shall maintain 11 a list of prospective adoptive homes that have completed 12 placement investigations and have been preapproved by the 13 department or a certified adoption investigator. 14 (2) If physical custody of the newborn infant was initially 15 relinquished to an adoption service provider, the department 16 shall immediately notify the juvenile court and the county 17 attorney of the departments action and the circumstances 18 surrounding the action and request an ex parte order from the 19 juvenile court ordering, in accordance with the requirements of 20 section 232.78, subsection 9, the adoption service provider to 21 take custody of the newborn infant. Upon receiving the order, 22 the adoption service provider shall take custody of the newborn 23 infant. 24 b. Within twenty-four hours of the department or the 25 adoption service provider taking custody of the newborn infant, 26 the department or the adoption service provider shall notify 27 the juvenile court and the county attorney in writing of the 28 departments or adoption service providers action and the 29 circumstances surrounding the action. 30 4. a. Upon being notified in writing by the department or 31 an adoption service provider under subsection 3 , the county 32 attorney shall file a petition alleging the newborn infant to 33 be a child in need of assistance in accordance with section 34 232.87 and a petition for termination of parental rights with 35 -6- LSB 1495HV (2) 90 pf/rh 6/ 11
H.F. 474 respect to the newborn infant in accordance with section 1 232.111, subsection 2 , paragraph a . A hearing on a child in 2 need of assistance petition filed pursuant to this subsection 3 shall be held at the earliest practicable time. A hearing on a 4 termination of parental rights petition filed pursuant to this 5 subsection shall be held no later than thirty days after the 6 day the physical custody of the newborn child was relinquished 7 in accordance with subsection 1 unless the juvenile court 8 continues the hearing beyond the thirty days for good cause 9 shown. 10 b. Notice of a petition filed pursuant to this subsection 11 shall be provided to any known parent and others in accordance 12 with the provisions of chapter 232 and shall be served upon any 13 putative father registered with the state registrar of vital 14 statistics pursuant to section 144.12A . In addition, prior to 15 holding a termination of parental rights hearing with respect 16 to the newborn infant, notice by publication shall be provided 17 as described in section 600A.6, subsection 5 . 18 5. Reasonable efforts, as defined in section 232.102 , that 19 are made in regard to the newborn infant shall be limited to 20 the efforts made in a timely manner to finalize a permanency 21 plan for the newborn infant. 22 6. An individual on duty at an institutional health 23 facility , an adoption service provider, or a first responder 24 who assumes custody of a newborn infant upon the release of 25 the newborn infant under subsection 1 shall be provided notice 26 of any hearing held concerning the newborn infant at the same 27 time notice is provided to other parties to the hearing and 28 the individual or first responder may provide testimony at the 29 hearing. 30 Sec. 8. Section 233.5, subsection 2, Code 2023, is amended 31 to read as follows: 32 2. A record described in subsection 1 may be inspected and 33 the contents disclosed without court order to the following: 34 a. The court and professional court staff, including 35 -7- LSB 1495HV (2) 90 pf/rh 7/ 11
H.F. 474 juvenile court officers. 1 b. The newborn infant and the newborn infants counsel. 2 c. The newborn infants parent, guardian, custodian, and 3 those persons counsel. 4 d. The newborn infants court appointed special advocate and 5 guardian ad litem. 6 e. The county attorney and the county attorneys assistants. 7 f. An agency, adoption service provider, association, 8 facility, or institution which has custody of the newborn 9 infant, or is legally responsible for the care, treatment, or 10 supervision of the newborn infant. 11 g. The newborn infants foster parent or an individual 12 providing a prospective adoptive home or preadoptive care to 13 the newborn infant. 14 Sec. 9. Section 233.6, Code 2023, is amended to read as 15 follows: 16 233.6 Educational and public information. 17 The department of human services, in consultation with the 18 Iowa department of public health and the department of justice, 19 shall develop and distribute the following: 20 1. An information card or other publication for 21 distribution by an institutional health facility , adoption 22 service provider, or a first responder to a parent who releases 23 custody of a newborn infant in accordance with this chapter . 24 The publication shall inform the parent of a parents rights 25 under section 233.4 , explain the request for medical history 26 information under section 233.2, subsection 2 , and provide 27 other information deemed pertinent by the departments. 28 2. Educational materials, public information announcements, 29 and other resources to develop awareness of the availability 30 of the newborn safe haven Act and the involvement of adoption 31 service providers among adolescents, young parents, and others 32 who might avail themselves of this chapter . 33 3. Signage that may be used to identify the institutional 34 health facilities and adoption service providers at which 35 -8- LSB 1495HV (2) 90 pf/rh 8/ 11
H.F. 474 physical custody of a newborn infant may be relinquished in 1 accordance with this chapter . 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 This bill relates to the placement of custody of a child 6 under Code chapter 233, the newborn safe haven Act. 7 The bill includes definitions used in the bill for the 8 purpose of Code chapter 233 including adoption service 9 provider which means a state-licensed private agency which is 10 recognized as exempt under section 501(c)(3) of the Internal 11 Revenue Code and which represents itself as placing children 12 permanently or temporarily in private family homes, receiving 13 children for placement in private family homes, and actually 14 engaging in placement of children in private family homes for 15 adoption. 16 The bill amends the provisions relating to newborn infant 17 custody release procedures under Code chapter 233 to provide 18 for the relinquishing of physical custody of a newborn 19 infant, in addition to an institutional health facility or a 20 first responder, to an adoption service provider, and as a 21 result further provides that the adoption service provider 22 may request from the parent or other person relinquishing 23 the child to provide the name of the parent or parents and 24 information on the medical history of the newborn infant 25 and the newborn infants parent or parents; may perform 26 reasonable acts necessary to protect the physical health or 27 safety of the newborn infant; is immune from criminal or civil 28 liability for any acts or omissions made in good faith to 29 comply with the bill; and shall transport the newborn infant 30 to the nearest institutional health facility and provide any 31 parental identification or medical history information to the 32 institutional health facility. 33 As soon as possible after an assuming physical custody of and 34 transporting the newborn infant to the nearest institutional 35 -9- LSB 1495HV (2) 90 pf/rh 9/ 11
H.F. 474 health facility, if applicable, the entity that initially 1 took physical custody of the child, including an adoption 2 service provider under the bill, shall notify the department 3 of health and human services (HHS). Current Code chapter 233 4 directs HHS, once notified, to follow a process for HHS to take 5 care, custody, and control of the newborn infant and then, if 6 appropriate, proceed through child in need of assistance and 7 termination of parental rights proceedings. The bill provides 8 instead that if an adoption service provider initially assumes 9 physical care of a newborn infant, the process would allow the 10 adoption service provider, rather than HHS, to assume care, 11 custody, and control of the newborn infant and proceed through 12 the remainder of the process. Under the bill, if physical 13 custody of the newborn infant was not initially relinquished 14 to an adoption service provider, HHS would follow the existing 15 process and take custody of the newborn infant. After taking 16 custody of the newborn infant, under current law, HHS could 17 then transfer custody of the child, in order of priority, to 18 an adult relative of the child, a fictive kin, a suitable 19 placement identified by the childs relative, or foster care. 20 The bill provides instead that if HHS takes custody of the 21 newborn infant, notwithstanding any provision to the contrary 22 relating to placement of the child, HHS shall, if feasible, 23 place the newborn infant in a prospective adoptive home. The 24 department shall maintain a list of prospective adoptive 25 homes that have completed placement investigations and have 26 been preapproved by HHS or a certified adoption investigator. 27 Alternatively, under the bill, if physical custody of the 28 newborn infant was initially relinquished to an adoption 29 service provider, HHS shall request an ex parte order from the 30 juvenile court ordering, in accordance with the requirements 31 of new Code section 232.78(9), the adoption service provider, 32 rather than HHS, take custody of the newborn infant. Upon 33 receiving the order, the adoption service provider takes 34 custody of the newborn infant. The bill provides that 35 -10- LSB 1495HV (2) 90 pf/rh 10/ 11
H.F. 474 depending on whether custody of the child is placed with HHS 1 or the adoption service provider, either HHS or the adoption 2 service provider manages the remainder of the existing process, 3 including the child in need of assistance and termination of 4 parental rights proceedings. 5 The bill specifically includes adoption service providers 6 and prospective adoptive homes in those entities who may 7 have access to the record developed relating to release 8 of the newborn infant. The bill also provides that the 9 information, materials, announcements, and other resources 10 developed regarding the newborn safe haven Act include adoption 11 service providers as distributors of the resources and include 12 information about the involvement of adoption service providers 13 under the newborn safe haven Act, and identify adoption service 14 providers to whom a newborn infant may be relinquished. 15 The bill makes other conforming changes in the Code to 16 include the involvement of adoption service providers under the 17 newborn safe haven Act as provided under the bill. 18 -11- LSB 1495HV (2) 90 pf/rh 11/ 11