House File 474 - Reprinted HOUSE FILE 474 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 195) (As Amended and Passed by the House March 22, 2023 ) 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 HF 474 (3) 90 pf/rh/md
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 7 to the contrary including priority in placement of a child 8 under subsection 8, if an ex parte order is requested from the 9 juvenile court under this section pursuant to section 233.2 for 10 transfer of custody of a newborn infant, one of the following 11 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 adoption service provider shall request that 19 custody be 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- HF 474 (3) 90 pf/rh/md 1/ 9
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- HF 474 (3) 90 pf/rh/md 2/ 9
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- HF 474 (3) 90 pf/rh/md 3/ 9
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- HF 474 (3) 90 pf/rh/md 4/ 9
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 adoption service provider or 25 the first responder transports the newborn infant to the 26 nearest institutional health facility under subsection 2, 27 paragraph b , the individual or on duty shall notify either 28 the department or an adoption service provider and the first 29 responder shall notify the department of human services and 30 the . The department or the adoption service provider shall 31 take the actions necessary to assume the care, control, and 32 custody of the newborn infant . as follows: 33 (1) If physical custody of the newborn infant was not 34 initially relinquished to an adoption service provider, 35 -5- HF 474 (3) 90 pf/rh/md 5/ 9
H.F. 474 the department shall immediately notify the juvenile court 1 and the county attorney of the departments action and the 2 circumstances surrounding the action and request an ex parte 3 order from the juvenile court ordering, in accordance with the 4 requirements of section 232.78 , subsection 9, the department 5 to take custody of the newborn infant. Upon receiving the 6 order, the department shall take custody of the newborn 7 infant. After the department takes custody of the newborn 8 infant, notwithstanding any provision to the contrary relating 9 to priority placement of the child under section 232.78, the 10 department shall, if feasible, place the newborn infant in 11 a prospective adoptive home. The department shall maintain 12 a list of prospective adoptive homes that have completed 13 placement investigations and have been preapproved by the 14 department or a certified adoption investigator. 15 (2) If physical custody of the newborn infant was initially 16 relinquished to an adoption service provider, the adoption 17 service provider shall immediately notify the juvenile court 18 and the county attorney of the adoption service providers 19 action and the circumstances surrounding the action and 20 request an ex parte order from the juvenile court ordering, in 21 accordance with the requirements of section 232.78, subsection 22 9, the adoption service provider to take custody of the 23 newborn infant. Upon receiving the order, the adoption service 24 provider shall take custody of the newborn infant. 25 b. Within twenty-four hours of the department or the 26 adoption service provider taking custody of the newborn infant, 27 the department or the adoption service provider shall notify 28 the juvenile court and the county attorney in writing of the 29 departments or adoption service providers action and the 30 circumstances surrounding the action. 31 c. Within twenty-four hours of the adoption service provider 32 taking custody of the newborn infant, the adoption service 33 provider shall notify the department in writing that the 34 adoption service provider has taken custody of the newborn 35 -6- HF 474 (3) 90 pf/rh/md 6/ 9
H.F. 474 infant and will comply with the requirements of chapter 233. 1 4. a. Upon being notified in writing by the department or 2 the adoption service provider under subsection 3 , the county 3 attorney shall file a petition alleging the newborn infant to 4 be a child in need of assistance in accordance with section 5 232.87 and a petition for termination of parental rights with 6 respect to the newborn infant in accordance with section 7 232.111, subsection 2 , paragraph a . A hearing on a child in 8 need of assistance petition filed pursuant to this subsection 9 shall be held at the earliest practicable time. A hearing on a 10 termination of parental rights petition filed pursuant to this 11 subsection shall be held no later than thirty days after the 12 day the physical custody of the newborn child was relinquished 13 in accordance with subsection 1 unless the juvenile court 14 continues the hearing beyond the thirty days for good cause 15 shown. 16 b. Notice of a petition filed pursuant to this subsection by 17 either the department or the adoption service provider shall 18 be provided to any known parent and others in accordance with 19 the provisions of chapter 232 and shall be served upon any 20 putative father registered with the state registrar of vital 21 statistics pursuant to section 144.12A . In addition, prior to 22 holding a termination of parental rights hearing with respect 23 to the newborn infant, notice by publication shall be provided 24 as described in section 600A.6, subsection 5 . 25 5. Reasonable efforts, as defined in section 232.102 , that 26 are made in regard to the newborn infant shall be limited to 27 the efforts made in a timely manner to finalize a permanency 28 plan for the newborn infant. 29 6. An individual on duty at an institutional health 30 facility , an adoption service provider, or a first responder 31 who assumes custody of a newborn infant upon the release of 32 the newborn infant under subsection 1 shall be provided notice 33 of any hearing held concerning the newborn infant at the same 34 time notice is provided to other parties to the hearing and 35 -7- HF 474 (3) 90 pf/rh/md 7/ 9
H.F. 474 the individual or first responder may provide testimony at the 1 hearing. 2 Sec. 8. Section 233.5, subsection 2, Code 2023, is amended 3 to read as follows: 4 2. A record described in subsection 1 may be inspected and 5 the contents disclosed without court order to the following: 6 a. The court and professional court staff, including 7 juvenile court officers. 8 b. The newborn infant and the newborn infants counsel. 9 c. The newborn infants parent, guardian, custodian, and 10 those persons counsel. 11 d. The newborn infants court appointed special advocate and 12 guardian ad litem. 13 e. The county attorney and the county attorneys assistants. 14 f. An agency, adoption service provider, association, 15 facility, or institution which has custody of the newborn 16 infant, or is legally responsible for the care, treatment, or 17 supervision of the newborn infant. 18 g. The newborn infants foster parent or an individual 19 providing a prospective adoptive home or preadoptive care to 20 the newborn infant. 21 Sec. 9. Section 233.6, Code 2023, is amended to read as 22 follows: 23 233.6 Educational and public information. 24 The department of human services, in consultation with the 25 Iowa department of public health and the department of justice, 26 shall develop and distribute the following: 27 1. An information card or other publication for 28 distribution by an institutional health facility , adoption 29 service provider, or a first responder to a parent who releases 30 custody of a newborn infant in accordance with this chapter . 31 The publication shall inform the parent of a parents rights 32 under section 233.4 , explain the request for medical history 33 information under section 233.2, subsection 2 , and provide 34 other information deemed pertinent by the departments. 35 -8- HF 474 (3) 90 pf/rh/md 8/ 9
H.F. 474 2. Educational materials, public information announcements, 1 and other resources to develop awareness of the availability 2 of the newborn safe haven Act and the involvement of adoption 3 service providers among adolescents, young parents, and others 4 who might avail themselves of this chapter . 5 3. Signage that may be used to identify the institutional 6 health facilities and adoption service providers at which 7 physical custody of a newborn infant may be relinquished in 8 accordance with this chapter . 9 -9- HF 474 (3) 90 pf/rh/md 9/ 9