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 218 Engrossed 2021 Regular Session Huval
Abstract: Authorizes the installation and use of newborn safety devices at certain infant
relinquishment sites designated in the Safe Haven Law and provides requirements and
specifications relative to such devices.
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
at a designated emergency care facility in safety and anonymity and without fear of prosecution.
Defines "designated emergency care facility" as any of the following:
(1)Any state-licensed hospital.
(2)Any of the following medical clinics during normal and customary hours of operation: local
or parish public health units, licensed rural health clinics, licensed ambulatory surgical
centers, and Federally Qualified Health Centers. Present law stipulates that offices, clinics,
or other types of treatment facilities and offices of physicians and dentists not listed in this
paragraph are not designated emergency care facilities within the meaning of present law.
(3)Any manned fire station.
(4)Any manned law enforcement station.
(5)Any Child Advocacy Center accredited by the National Children's Alliance, during normal
and customary hours of operation.
Present law provides that if a parent wishes to relinquish his infant, he may leave the infant in the
care of any employee of a designated emergency care facility.
Proposed law retains present law.
Proposed law provides that in addition to leaving an infant in the care of an employee of a designated
emergency care facility, a parent who wishes to relinquish his infant may do so using a newborn
safety device that meets the specifications provided in proposed law and is physically located inside
of a facility which is licensed as a hospital in accordance with present law, R.S. 40:2100 et seq., and
has an emergency department that is staffed 24 hours per day.
Proposed law requires that each newborn safety device meet all of the following specifications: (1)The device has been voluntarily installed by the designated emergency care facility.
(2)The device is installed in a location that ensures the anonymity of the relinquishing parent
and has a climate-controlled environment.
(3)The device has been installed by a licensed contractor.
(4)The access door to the device locks automatically upon closure when a newborn is in the
device.
(5)The supporting frame of the device is anchored so as to align the bed portion of the device
directly beneath the access door and prevent movement of the unit as a whole.
(6)The device features a safe sleep environment which includes a firm, flat bassinet mattress
and a sheet that fits snugly on and overlaps the mattress and is free of pillows, bumpers,
blankets, and other bedding.
Proposed law requires each designated emergency care facility that installs a newborn safety device
pursuant to proposed law to post signage approved by the Dept. of Children and Family Services
(DCFS) at the site of the device. Requires that the signage clearly identify the device and provide
both written and pictorial instruction to the relinquishing parent to open the access door, place the
infant inside the device, and close the access door to engage the lock. Requires further that the
signage clearly indicate all of the following:
(1)The maximum age of an infant who may be relinquished in accordance with present law (60
days of age).
(2)That the child must not have been previously subjected to abuse or neglect.
(3)That by placing an infant in the newborn safety device, a parent is foregoing all parental
responsibilities with respect to the infant and is giving consent for the state to take custody
of the infant.
Proposed law stipulates that a designated emergency care facility which installs a newborn safety
device as authorized by proposed law shall be responsible for the cost of the installation.
Proposed law requires each designated emergency care facility that installs a newborn safety device
to install, additionally, an adequate dual alarm system connected to the physical location of the
newborn safety device. Requires that the facility ensure all of the following with respect to the alarm
system on the newborn safety device:
(1)It generates an audible alarm at a central location within the facility 60 seconds after the
opening of the access door to the device.
(2)It generates an automatic call to 911 if the alarm is activated and not turned off from within the facility less than 60 seconds after the commencement of the initial alarm.
(3)It is tested at least one time per week to ensure that it is in working order.
(4)It is visually checked at least two times per day to ensure that it is in working order.
Proposed law requires each designated emergency care facility that installs a newborn safety device
pursuant to proposed law to do all of the following:
(1)Ensure that the device is checked at least daily for debris and is cleaned and sanitized with
a hospital-quality disinfectant at least weekly and after any newborn relinquishment into the
device.
(2)Maintain documentation of the testing of the alarm system and the cleaning and sanitation
of the device required by proposed law.
(3)Install adjacent to the device a card holder and keep the card holder stocked with safe haven
informational materials supplied by DCFS.
(4)Adopt written policies for receiving, in accordance with the requirements present law and
applicable licensing rules, a newborn who has been relinquished into the newborn safety
device.
Proposed law authorizes the La. Department of Health to promulgate hospital licensing rules
regarding newborn safety devices installed in hospitals. Provides that such rules shall require
compliance with the provisions of present law and proposed law.
(Amends Ch.C. Arts. 1151 and 1152(A), (C)(1), (F)(intro. para.), (G), and (H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Revise proposed law to provide that the only type of designated emergency care facility
at which a newborn safety device may be installed is a licensed hospital which has an
emergency department that is staffed 24 hours per day.
2. Authorize the La. Department of Health to promulgate hospital licensing rules regarding
newborn safety devices installed in hospitals. Provide that such rules shall require
compliance with the provisions of present law and proposed law and may include
adequate alarms, testing, cleaning, documentation, policies, procedures, and training of
staff. 3. Add to proposed law relative to the required signage at the site of any newborn safety
device to provide that such signage shall indicate that the newborn being relinquished
must not have been previously subjected to abuse or neglect.
4. Provide that instruction by a designated emergency care facility on safe haven
relinquishment procedures may be provided in any manner that is deemed appropriate
and sufficient by the facility, subject to any applicable healthcare facility licensing
requirements.
5. Make technical changes.