Louisiana 2016 2016 Regular Session

Louisiana House Bill HB237 Engrossed / Bill

                    HLS 16RS-596	ENGROSSED
2016 Regular Session
HOUSE BILL NO. 237
BY REPRESENTATIVE WILLMOTT
CHILDREN/NEWBORNS:  Provides for an official symbol to identify emergency care
facilities designated in the Safe Haven Law
1	AN ACT
2To enact Children's Code Articles 1160(A)(1)(c) and 1161, relative to duties of the
3 Department of Children and Family Services with respect to the Safe Haven Law;
4 to establish and provide for an official Safe Haven symbol; to provide for purposes
5 and uses of the symbol; to provide for promulgation of rules; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  Children's Code Articles 1160(A)(1)(c) and 1161 are hereby enacted to
9read as follows:
10 Art. 1160.  Additional regulations; Administrative Procedure Act; reporting
11	A. The department, in accordance with the Administrative Procedure Act,
12 shall promulgate all rules and regulations necessary to carry out the provisions of this
13 Chapter, including but not limited to the following:
14	(1) Notice to the public of the existence of designated emergency care
15 facilities and the use of safe havens through the following actions:
16	*          *          *
17	(c)(i)  Promulgation of the image that shall constitute the official Safe Haven
18 symbol in accordance with Article 1161 of this Chapter.
19	(ii)  Transmittal of an electronic version of the Safe Haven symbol to any
20 designated emergency care facility upon request.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-596	ENGROSSED
HB NO. 237
1	(iii)  Production and distribution to designated emergency care facilities of
2 signage bearing the Safe Haven symbol, subject to availability of funding for this
3 purpose.
4	*          *          *
5 Art. 1161.  Official Safe Haven symbol
6	A.  The legislature hereby creates an official Safe Haven symbol for use in
7 identifying to the public those sites which are classified as designated emergency
8 care facilities pursuant to the provisions of this Chapter, and for any other use which
9 the department deems necessary or advantageous in fulfilling the purposes set forth
10 in this Chapter.  The design and promulgation of the symbol shall be in accordance
11 with the provisions of this Article.
12	B.(1)  The general design of the Safe Haven symbol shall be as follows:  Two
13 solid lines, each oriented diagonally, meeting to form an apex in the style of a gable
14 roof; superimposed upon and just underneath the image of the roof being a stylized
15 figure symbolic of an infant, oriented almost horizontally, consisting of a circle
16 representing the infant's head proximate to or adjoining an oval representing the
17 infant's body; superimposed upon and just underneath the figure of the infant being
18 a stylized figure symbolic of the lower two-thirds of an arm and a hand of a person,
19 oriented almost horizontally and opposite the direction in which the infant's head
20 lies, with the figure of the arm bent in curvilinear form upward from the position of
21 the elbow in a cradling posture; the design elements, collectively, giving the
22 appearance of an infant cradled in the arm of a person under the shelter of a roof. The
23 color of these design elements shall be black.
24	(2)  The department shall promulgate in rule the image that shall constitute
25 the official Safe Haven symbol.
26	C.  The department is hereby authorized, but is not required, to produce
27 electronic and physical copies of the Safe Haven symbol with any of the following
28 features individually or in any combination:
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-596	ENGROSSED
HB NO. 237
1	(1)  Text reading "SAFE BABY SITE" in all capital letters appearing above
2 the symbol.
3	(2)  A background that is either white or a shade of yellow typically used for
4 traffic warning signs indicating necessity of caution.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 237 Engrossed 2016 Regular Session	Willmott
Abstract:  Establishes an official Safe Haven symbol to identify emergency care facilities
designated in the Safe Haven Law, provides for the design of the symbol, and
requires the Dept. of Children and Family Services to promulgate in rule the image
constituting the official symbol.
Present law known as the "Safe Haven Law", Ch.C. Art. 1149 et seq., provides a mechanism
whereby any parent may relinquish the care of an infant who is not more than 60 days old
to the state in safety and anonymity and without fear of prosecution.  Proposed law retains
present law, and adds thereto provisions establishing an official Safe Haven symbol.
Present law defines "designated emergency care facility" as any hospital, public health unit,
emergency medical service provider, medical clinic, fire station, police station, pregnancy
crisis center, or child advocacy center; and designates these places as Safe Haven infant
relinquishment sites.  Proposed law retains present law.
Present law requires the Department of Children and Family Services (DCFS) to provide
notice to the public of the existence of designated emergency care facilities through certain
specific functions.  Proposed law retains present law and adds thereto the following
functions to be required of DCFS:
(1)Promulgation of the image that shall constitute the official Safe Haven symbol in
accordance with proposed law.
(2)Transmittal of an electronic version of the Safe Haven symbol to any designated
emergency care facility upon request.
(3)Production and distribution to designated emergency care facilities of signage
bearing the Safe Haven symbol, subject to availability of funding for this purpose.
Proposed law provides that the purposes of the Safe Haven symbol are to identify designated
emergency care facilities to the public, and any other purpose which DCFS deems necessary
or advantageous in fulfilling the purposes set forth in present law and proposed law.
Proposed law provides that the design elements of the Safe Haven symbol shall be black in
color, and that the design of the symbol shall be in accordance with the following
description:
"Two solid lines, each oriented diagonally, meeting to form an apex in the style of a gable
roof; superimposed upon and just underneath the image of the roof being a stylized figure
symbolic of an infant, oriented almost horizontally, consisting of a circle representing the
infant's head proximate to or adjoining an oval representing the infant's body; superimposed
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-596	ENGROSSED
HB NO. 237
upon and just underneath the figure of the infant being a stylized figure symbolic of the
lower two-thirds of an arm and a hand of a person, oriented almost horizontally and opposite
the direction in which the infant's head lies, with the figure of the arm bent in curvilinear
form upward from the position of the elbow in a cradling posture; the design elements,
collectively, giving the appearance of an infant cradled in the arm of a person under the
shelter of a roof."
Proposed law authorizes, but does not require, DCFS to produce electronic and physical
copies of the Safe Haven symbol with any of the following features individually or in any
combination:
(1)Text reading "SAFE BABY SITE" in all capital letters appearing above the symbol.
(2)A background that is either white or a shade of yellow that is typically used for
traffic warning signs indicating necessity of caution.
(Adds Ch.C. Arts. 1160(A)(1)(c) and 1161)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Make a technical change.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.