| 1 | 1 | | HOUSE BILL NO. 5407 A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 2, 3, 5, and 17 of chapter XII (MCL 712.1, 712.2, 712.3, 712.5, and 712.17), sections 1 and 3 as amended by 2006 PA 488, sections 2 and 5 as added by 2000 PA 232, and section 17 as amended by 2010 PA 348, and by adding sections 3a and 3b to chapter XII. the people of the state of michigan enact: Sec. 1. (1) This chapter shall be known and may be cited as the "safe delivery of newborns law". (2) As used in this chapter: (a) "Baby drop box" means a protective container in which a parent may anonymously place and surrender the parent's newborn as provided under section 3b. (b) (a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111. (c) (b) "Court" means the family division of circuit court. (d) (c) "Department" means the department of health and human services. (e) (d) "DNA identification profile" and "DNA identification profiling" mean those terms as defined in section 1 of the paternity act, 1956 PA 205, MCL 722.711. (f) (e) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501. (g) (f) "Emergency service provider" means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. Emergency service provider also includes a paramedic or an emergency medical technician when either of those individuals is responding to a 9-1-1 emergency call. (h) (g) "Fire department" means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1. (i) (h) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. (j) (i) "Hospital" means a hospital that is licensed under article 17 part 215 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.333.21501 to 333.21571. (k) (j) "Lawyer-guardian ad litem" means an attorney appointed under section 2 of this chapter. A lawyer-guardian ad litem represents the newborn, and has the powers and duties, as set forth in section 17d of chapter XIIA. (l) (k) "Newborn" means a child who a physician reasonably believes to be not more than 72 hours old. (m) (l) "Police station" means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43. (n) (m) "Preplacement assessment" means an assessment of a prospective adoptive parent as described in section 23f of chapter X. (o) (n) "Surrender" means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn. Sec. 2. (1) The court has jurisdiction over a newborn who is surrendered to an emergency service provider as provided in section 3 of this chapter and a newborn who is surrendered to a baby drop box under section 3b of this chapter. The court may appoint a lawyer-guardian ad litem to represent a newborn in proceedings under this chapter. (2) Except as provided in section 5 of this chapter, the reporting requirement of section 3 of the child protection law, 1975 PA 238, MCL 722.623, does not apply regarding a child surrendered to an emergency service provider as provided in section 3 of this chapter or to a newborn who is surrendered to a baby drop box under section 3b of this chapter. (3) Unless this chapter specifically provides otherwise, a provision in another chapter of this act does not apply to a proceeding under this chapter. Unless this chapter specifically provides otherwise, the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.30, 722.31, does not apply to a proceeding under this chapter. (4) A hospital and a child placing agency, and their agents and employees, are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this chapter, except for an act or omission constituting gross negligence or willful or wanton misconduct. To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, 691.1419, an employee or contractor of a fire department or police station has the same immunity that this subsection provides to a hospital's or child placing agency's agent or employee. Sec. 3. (1) If a parent surrenders a child who may be a newborn to an emergency service provider, the emergency service provider shall comply with the requirements of this section under the assumption that the child is a newborn. The emergency service provider shall, without a court order, immediately accept the newborn, taking the newborn into temporary protective custody. The Except for a newborn surrendered to a baby drop box under section 3b, the emergency service provider shall make a reasonable effort to do all of the following: (a) Take action necessary to protect the physical health and safety of the newborn. (b) Inform the parent that by surrendering the newborn, the parent is releasing the newborn to a child placing agency to be placed for adoption. (c) Inform the parent that the parent has 28 days to petition the court to regain custody of the newborn. (d) Provide the parent with written material approved by or produced by the department that includes, but is not limited to, all of the following statements: (i) By surrendering the newborn, the parent is releasing the newborn to a child placing agency to be placed for adoption. (ii) The parent has 28 days after surrendering the newborn to petition the court to regain custody of the newborn. (iii) After the 28-day period to petition for custody elapses, there will be a hearing to determine and terminate parental rights. (iv) There will be public notice of this hearing, and the notice will not contain the parent's name. (v) The parent will not receive personal notice of this hearing. (vi) Information the parent provides to an emergency service provider will not be made public. (vii) A parent can contact the safe delivery line established under section 20 of this chapter for more information. (2) After providing a parent with the information described in subsection (1), an emergency service provider, except for a fire department that receives a newborn under section 3b, shall make a reasonable attempt to do all of the following: (a) Encourage the parent to provide any relevant family or medical information. (b) Provide the parent with the pamphlet produced under section 20 of this chapter and inform the parent that he or she the parent can receive counseling or medical attention. (c) Inform the parent that information that he or she the parent provides will not be made public. (d) Ask the parent to identify himself or herself. (e) Inform the parent that in order to place the newborn for adoption the state is required to make a reasonable attempt to identify the other parent, and then ask the parent to identify the other parent. (f) Inform the parent that the child placing agency that takes temporary protective custody of the newborn can provide confidential services to the parent. (g) Inform the parent that the parent may sign a release for the newborn that may be used at the parental rights termination hearing under this chapter. (3) A newborn whose birth is described in the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who is in a hospital setting or transferred to a hospital under section 3(1) of the born alive infant protection act, 2002 PA 687, MCL 333.1073, is a newborn surrendered as provided in this chapter. An emergency service provider who has received a newborn under the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, shall do all of the following: (a) Comply with the requirements of subsections (1) and (2) to obtain information from or supply information to the surrendering parent by requesting the information from or supplying the information to the attending physician who delivered the newborn. (b) Make no attempt to directly contact the parent or parents of the newborn. (c) Provide humane comfort care if the newborn is determined to have no chance of survival due to gestational immaturity in light of available neonatal medical treatment or other condition incompatible with life. Sec. 3a. A municipality may install a baby drop box, at its own expense, at a fire department that is located within the municipality. Sec. 3b. (1) A parent may voluntarily and anonymously surrender the parent's newborn to a baby drop box provided by a fire department. (2) A fire department that receives a newborn under this section shall make a reasonable effort to take action necessary to protect the physical health and safety of the newborn. Sec. 5. (1) An emergency service provider that is not a hospital and that takes a newborn into temporary protective custody under section 3 of this chapter or a fire department that receives a newborn under section 3b shall transfer the newborn to a hospital. The hospital shall accept a newborn who an emergency service provider transfers to the hospital in compliance with this chapter, taking the newborn into temporary protective custody. (2) A hospital that takes a newborn into temporary protective custody under this chapter shall have the newborn examined by a physician. If a physician who examines the newborn either determines that there is reason to suspect the newborn has experienced child abuse or child neglect, other than being surrendered to an emergency service provider under section 3 of this chapter, or comes to a reasonable belief that the child is not a newborn, the physician shall immediately report to the department as required by section 3 of the child protection law, 1975 PA 238, MCL 722.623. (3) If a physician is not required to report to the department as provided in subsection (2), the hospital shall notify a child placing agency that the hospital has taken a newborn into temporary protective custody under this chapter. Sec. 17. (1) A parent who surrenders a newborn under section 3 or 3b of this chapter and who does not file a custody action under section 10 of this chapter is presumed to have knowingly released his or her the parent's parental rights to the newborn. (2) If the surrendering parent has not filed a petition for custody of the newborn within 28 days of the surrender, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the release shall be accepted and whether the court shall enter an order terminating the rights of the surrendering parent. (3) If the nonsurrendering parent has not filed a petition for custody of the newborn within 28 days of notice of surrender of a newborn under section 10 of this chapter, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the court shall enter an order terminating the rights of the nonsurrendering parent. (4) The court shall schedule a hearing on the petition from the child placing agency within 14 days of receipt of that petition. At the hearing, the child placing agency shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent. (5) If the court finds by a preponderance of the evidence that the surrendering parent has knowingly released his or her the parent's rights to the child and that reasonable efforts were made to locate the nonsurrendering parent and a custody action has not been filed, the court shall enter an order terminating parental rights of the surrendering parent and the nonsurrendering parent under this chapter. |
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| 23 | 23 | | HOUSE BILL NO. 5407 |
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| 24 | 24 | | |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1939 PA 288, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Probate code of 1939," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending sections 1, 2, 3, 5, and 17 of chapter XII (MCL 712.1, 712.2, 712.3, 712.5, and 712.17), sections 1 and 3 as amended by 2006 PA 488, sections 2 and 5 as added by 2000 PA 232, and section 17 as amended by 2010 PA 348, and by adding sections 3a and 3b to chapter XII. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 1. (1) This chapter shall be known and may be cited as the "safe delivery of newborns law". |
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| 36 | 36 | | |
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| 37 | 37 | | (2) As used in this chapter: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) "Baby drop box" means a protective container in which a parent may anonymously place and surrender the parent's newborn as provided under section 3b. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) (a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) (b) "Court" means the family division of circuit court. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) (c) "Department" means the department of health and human services. |
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| 46 | 46 | | |
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| 47 | 47 | | (e) (d) "DNA identification profile" and "DNA identification profiling" mean those terms as defined in section 1 of the paternity act, 1956 PA 205, MCL 722.711. |
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| 48 | 48 | | |
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| 49 | 49 | | (f) (e) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501. |
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| 50 | 50 | | |
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| 51 | 51 | | (g) (f) "Emergency service provider" means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. Emergency service provider also includes a paramedic or an emergency medical technician when either of those individuals is responding to a 9-1-1 emergency call. |
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| 52 | 52 | | |
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| 53 | 53 | | (h) (g) "Fire department" means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1. |
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| 54 | 54 | | |
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| 55 | 55 | | (i) (h) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. |
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| 56 | 56 | | |
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| 57 | 57 | | (j) (i) "Hospital" means a hospital that is licensed under article 17 part 215 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.333.21501 to 333.21571. |
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| 58 | 58 | | |
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| 59 | 59 | | (k) (j) "Lawyer-guardian ad litem" means an attorney appointed under section 2 of this chapter. A lawyer-guardian ad litem represents the newborn, and has the powers and duties, as set forth in section 17d of chapter XIIA. |
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| 60 | 60 | | |
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| 61 | 61 | | (l) (k) "Newborn" means a child who a physician reasonably believes to be not more than 72 hours old. |
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| 62 | 62 | | |
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| 63 | 63 | | (m) (l) "Police station" means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43. |
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| 64 | 64 | | |
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| 65 | 65 | | (n) (m) "Preplacement assessment" means an assessment of a prospective adoptive parent as described in section 23f of chapter X. |
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| 66 | 66 | | |
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| 67 | 67 | | (o) (n) "Surrender" means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn. |
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| 68 | 68 | | |
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| 69 | 69 | | Sec. 2. (1) The court has jurisdiction over a newborn who is surrendered to an emergency service provider as provided in section 3 of this chapter and a newborn who is surrendered to a baby drop box under section 3b of this chapter. The court may appoint a lawyer-guardian ad litem to represent a newborn in proceedings under this chapter. |
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| 70 | 70 | | |
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| 71 | 71 | | (2) Except as provided in section 5 of this chapter, the reporting requirement of section 3 of the child protection law, 1975 PA 238, MCL 722.623, does not apply regarding a child surrendered to an emergency service provider as provided in section 3 of this chapter or to a newborn who is surrendered to a baby drop box under section 3b of this chapter. |
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| 72 | 72 | | |
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| 73 | 73 | | (3) Unless this chapter specifically provides otherwise, a provision in another chapter of this act does not apply to a proceeding under this chapter. Unless this chapter specifically provides otherwise, the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.30, 722.31, does not apply to a proceeding under this chapter. |
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| 74 | 74 | | |
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| 75 | 75 | | (4) A hospital and a child placing agency, and their agents and employees, are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this chapter, except for an act or omission constituting gross negligence or willful or wanton misconduct. To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, 691.1419, an employee or contractor of a fire department or police station has the same immunity that this subsection provides to a hospital's or child placing agency's agent or employee. |
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| 76 | 76 | | |
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| 77 | 77 | | Sec. 3. (1) If a parent surrenders a child who may be a newborn to an emergency service provider, the emergency service provider shall comply with the requirements of this section under the assumption that the child is a newborn. The emergency service provider shall, without a court order, immediately accept the newborn, taking the newborn into temporary protective custody. The Except for a newborn surrendered to a baby drop box under section 3b, the emergency service provider shall make a reasonable effort to do all of the following: |
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| 78 | 78 | | |
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| 79 | 79 | | (a) Take action necessary to protect the physical health and safety of the newborn. |
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| 80 | 80 | | |
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| 81 | 81 | | (b) Inform the parent that by surrendering the newborn, the parent is releasing the newborn to a child placing agency to be placed for adoption. |
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| 82 | 82 | | |
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| 83 | 83 | | (c) Inform the parent that the parent has 28 days to petition the court to regain custody of the newborn. |
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| 84 | 84 | | |
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| 85 | 85 | | (d) Provide the parent with written material approved by or produced by the department that includes, but is not limited to, all of the following statements: |
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| 86 | 86 | | |
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| 87 | 87 | | (i) By surrendering the newborn, the parent is releasing the newborn to a child placing agency to be placed for adoption. |
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| 88 | 88 | | |
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| 89 | 89 | | (ii) The parent has 28 days after surrendering the newborn to petition the court to regain custody of the newborn. |
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| 90 | 90 | | |
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| 91 | 91 | | (iii) After the 28-day period to petition for custody elapses, there will be a hearing to determine and terminate parental rights. |
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| 92 | 92 | | |
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| 93 | 93 | | (iv) There will be public notice of this hearing, and the notice will not contain the parent's name. |
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| 94 | 94 | | |
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| 95 | 95 | | (v) The parent will not receive personal notice of this hearing. |
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| 96 | 96 | | |
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| 97 | 97 | | (vi) Information the parent provides to an emergency service provider will not be made public. |
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| 98 | 98 | | |
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| 99 | 99 | | (vii) A parent can contact the safe delivery line established under section 20 of this chapter for more information. |
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| 100 | 100 | | |
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| 101 | 101 | | (2) After providing a parent with the information described in subsection (1), an emergency service provider, except for a fire department that receives a newborn under section 3b, shall make a reasonable attempt to do all of the following: |
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| 102 | 102 | | |
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| 103 | 103 | | (a) Encourage the parent to provide any relevant family or medical information. |
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| 104 | 104 | | |
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| 105 | 105 | | (b) Provide the parent with the pamphlet produced under section 20 of this chapter and inform the parent that he or she the parent can receive counseling or medical attention. |
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| 106 | 106 | | |
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| 107 | 107 | | (c) Inform the parent that information that he or she the parent provides will not be made public. |
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| 108 | 108 | | |
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| 109 | 109 | | (d) Ask the parent to identify himself or herself. |
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| 110 | 110 | | |
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| 111 | 111 | | (e) Inform the parent that in order to place the newborn for adoption the state is required to make a reasonable attempt to identify the other parent, and then ask the parent to identify the other parent. |
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| 112 | 112 | | |
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| 113 | 113 | | (f) Inform the parent that the child placing agency that takes temporary protective custody of the newborn can provide confidential services to the parent. |
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| 114 | 114 | | |
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| 115 | 115 | | (g) Inform the parent that the parent may sign a release for the newborn that may be used at the parental rights termination hearing under this chapter. |
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| 116 | 116 | | |
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| 117 | 117 | | (3) A newborn whose birth is described in the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who is in a hospital setting or transferred to a hospital under section 3(1) of the born alive infant protection act, 2002 PA 687, MCL 333.1073, is a newborn surrendered as provided in this chapter. An emergency service provider who has received a newborn under the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, shall do all of the following: |
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| 118 | 118 | | |
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| 119 | 119 | | (a) Comply with the requirements of subsections (1) and (2) to obtain information from or supply information to the surrendering parent by requesting the information from or supplying the information to the attending physician who delivered the newborn. |
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| 120 | 120 | | |
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| 121 | 121 | | (b) Make no attempt to directly contact the parent or parents of the newborn. |
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| 122 | 122 | | |
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| 123 | 123 | | (c) Provide humane comfort care if the newborn is determined to have no chance of survival due to gestational immaturity in light of available neonatal medical treatment or other condition incompatible with life. |
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| 124 | 124 | | |
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| 125 | 125 | | Sec. 3a. A municipality may install a baby drop box, at its own expense, at a fire department that is located within the municipality. |
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| 126 | 126 | | |
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| 127 | 127 | | Sec. 3b. (1) A parent may voluntarily and anonymously surrender the parent's newborn to a baby drop box provided by a fire department. |
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| 128 | 128 | | |
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| 129 | 129 | | (2) A fire department that receives a newborn under this section shall make a reasonable effort to take action necessary to protect the physical health and safety of the newborn. |
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| 130 | 130 | | |
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| 131 | 131 | | Sec. 5. (1) An emergency service provider that is not a hospital and that takes a newborn into temporary protective custody under section 3 of this chapter or a fire department that receives a newborn under section 3b shall transfer the newborn to a hospital. The hospital shall accept a newborn who an emergency service provider transfers to the hospital in compliance with this chapter, taking the newborn into temporary protective custody. |
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| 132 | 132 | | |
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| 133 | 133 | | (2) A hospital that takes a newborn into temporary protective custody under this chapter shall have the newborn examined by a physician. If a physician who examines the newborn either determines that there is reason to suspect the newborn has experienced child abuse or child neglect, other than being surrendered to an emergency service provider under section 3 of this chapter, or comes to a reasonable belief that the child is not a newborn, the physician shall immediately report to the department as required by section 3 of the child protection law, 1975 PA 238, MCL 722.623. |
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| 134 | 134 | | |
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| 135 | 135 | | (3) If a physician is not required to report to the department as provided in subsection (2), the hospital shall notify a child placing agency that the hospital has taken a newborn into temporary protective custody under this chapter. |
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| 136 | 136 | | |
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| 137 | 137 | | Sec. 17. (1) A parent who surrenders a newborn under section 3 or 3b of this chapter and who does not file a custody action under section 10 of this chapter is presumed to have knowingly released his or her the parent's parental rights to the newborn. |
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| 138 | 138 | | |
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| 139 | 139 | | (2) If the surrendering parent has not filed a petition for custody of the newborn within 28 days of the surrender, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the release shall be accepted and whether the court shall enter an order terminating the rights of the surrendering parent. |
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| 140 | 140 | | |
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| 141 | 141 | | (3) If the nonsurrendering parent has not filed a petition for custody of the newborn within 28 days of notice of surrender of a newborn under section 10 of this chapter, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the court shall enter an order terminating the rights of the nonsurrendering parent. |
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| 142 | 142 | | |
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| 143 | 143 | | (4) The court shall schedule a hearing on the petition from the child placing agency within 14 days of receipt of that petition. At the hearing, the child placing agency shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent. |
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| 144 | 144 | | |
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| 145 | 145 | | (5) If the court finds by a preponderance of the evidence that the surrendering parent has knowingly released his or her the parent's rights to the child and that reasonable efforts were made to locate the nonsurrendering parent and a custody action has not been filed, the court shall enter an order terminating parental rights of the surrendering parent and the nonsurrendering parent under this chapter. |
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