North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1205 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1205
4		-	(Representatives Holle, Bolinske, Meier, Pyle, M. Ruby, Schauer, S. Olson)
5		-	(Senators Boschee, Castaneda, Mathern, Weston, Larson)
6		-	AN ACT to amend and reenact section 50-25.1-15 of the North Dakota Century Code, relating to
7		-	abandonment of infants in newborn safety devices.
	1	+	25.0559.04004
	2	+	Title.05000
	3	+	Adopted by the Senate Human Services
	4	+	Committee
	5	+	Sixty-ninth
	6	+	March 17, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Representatives Holle, Bolinske, Meier, Pyle, M. Ruby, Schauer, S. Olson
	11	+	Senators Boschee, Castaneda, Mathern, Weston, Larson
	12	+	A BILL for an Act to amend and reenact section 50-25.1-15 of the North Dakota Century Code,
	13	+	relating to abandonment of infants in newborn safety devices.
8	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 50-25.1-15 of the North Dakota Century Code is ~~amended and~~
10		-	reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Section 50-25.1-15 of the North Dakota Century Code is
	16	+	amended and reenacted as follows:
11	17		50-25.1-15. Abandoned infant - Approved location procedure - Reporting immunity.
12	18		1.As used in this section:
13		-	a."Abandoned infant" means an infant who has been abandoned at birth at a hospital or
14		-	before reaching the age of one year regardless of the location of birth and who has been
15		-	left with an on-duty staff member or, if an infant is less than sixty days old, left in a
16		-	newborn safety device, at an approved location in an unharmed condition.
17		-	b."Approved location" means a hospital or other location as designated by administrative
18		-	rule adopted by the department.
	19	+	a."Abandoned infant" means an infant who has been abandoned at birth at a
	20	+	hospital or before reaching the age of one year regardless of the location of birth
	21	+	and who has been left with an on-duty staff member or, if an infant is less than
	22	+	sixty days old, left in a newborn safety device, at an approved location in an
	23	+	unharmed condition.
	24	+	b."Approved location" means a hospital or other location as designated by
	25	+	administrative rule adopted by the department.
19	26		c."Hospital" means a facility licensed under chapter 23-16.
20	27		d."Newborn safety device" means a device that is:
21	28		(1)Physically part of the building at an approved location;
22	29		(2)Staffed twenty-four hours a day seven days a week;
23	30		(3)Temperature-controlled and ventilated for the safety of newborns;
24		-	(4)Equipped with a functional alarm system which automatically triggers an alarm
25		-	inside the building when an infant is placed in the device; and
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	32	+	REENGROSSED HOUSE BILL NO. 1205
	33	+	SECOND ENGROSSMENT
	34	+	PROPOSED AMENDMENTS TO
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	55	+	(4)Equipped with a functional alarm system which automatically triggers an
	56	+	alarm inside the building when an infant is placed in the device; and
26	57		(5)Located in a manner that the interior point of access is in an area that is
27	58		conspicuous and visible to the employees of the approved location.
28		-	2.a.A parent of an infant less than sixty days old, or an agent of the parent with the parent's
29		-	consent, may leave the infant in a newborn safety device at an approved location.
	59	+	2.a.A parent of an infant less than sixty days old, or an agent of the parent with the
	60	+	parent's consent, may leave the infant in a newborn safety device at an approved
	61	+	location.
30	62		b.A parent of an infant under the age of one year, or an agent of the parent with the
31		-	parent's consent, may leave the infant with an on-duty staff member at an approved
32		-	location. Neither the parent nor the
33		-	c.A parent or agent is not subject to prosecution under sections 14-07-15 and 14-09-22 for
34		-	leaving an abandoned infant under this section.
35		-	3.An infant left under this section must be accepted at an approved location shall accept an
36		-	infant left under this section. TheAn approved location is not required to possess a newborn
37		-	safety device. H. B. NO. 1205 - PAGE 2
38		-	4.Except as provided in subsection 6, the approved location may request information regarding
39		-	the parents and shall provide the parent or the agent with a medical history form and an
40		-	envelope with the approved location's return address. If a hospital accepting thean infant has
41		-	the infant's medical history, the hospital is not required to provide the parent or the agent with
42		-	a medical history form. Neither theA parent nor theor agent is not required to provide any
43		-	information.
44		-	4.5.IfExcept as provided in subsection 6, if an infant is left at a hospital, the hospital shall provide
45		-	the parent or the agent with a numbered identification bracelet to link the parent or the agent
46		-	to the infant, unless due to birth of the infant, the infant and parent currentlyalready have an
47		-	identification bracelet. Possession of an identification bracelet does not entitle the bracelet
48		-	holder to take custody of the infant on demand. If an individual possesses a bracelet linking
49		-	the individual to an infant left at a hospital under this section and parental rights have not been
50		-	terminated, possession of the bracelet creates a presumption that the individual has standing
51		-	to participate in a protection services action brought under this chapter or chapter 27-20.3.
52		-	Possession of the bracelet does not create a presumption of maternity, paternity, or custody.
53		-	5.6.If an abandoned infant is left in a newborn safety device at an approved location, the approved
54		-	location may not inquire as to the identity of the parent or agent. Except as provided in
55		-	subsection 10, if the identity of the parent or agent of the abandoned infant is known to the
56		-	approved location, the approved location shall keep all information as to the identity of the
57		-	parent or agent of the abandoned infant confidential. The parent or agent of the abandoned
58		-	infant is not required to provide any information to the approved location but may voluntarily
59		-	provide information, including the medical history of the parents or infant.
60		-	7.The approved location may provide the parent or the agent with any relevant information,
61		-	including information about:
	63	+	parent's consent, may leave the infant with an on-duty staff member at an
	64	+	approved location. Neither the parent nor the
	65	+	c.A parent or agent is not subject to prosecution under sections 14-07-15 and
	66	+	14-09-22 for leaving an abandoned infant under this section.
	67	+	3.An infant left under this section must be accepted at an approved location shall accept
	68	+	an infant left under this section. TheAn approved location is not required to possess a
	69	+	newborn safety device.
	70	+	4.Except as provided in subsection 6, the approved location may request information
	71	+	regarding the parents and shall provide the parent or the agent with a medical history
	72	+	form and an envelope with the approved location's return address. If a hospital
	73	+	accepting thean infant has the infant's medical history, the hospital is not required to
	74	+	provide the parent or the agent with a medical history form. Neither theA parent nor
	75	+	theor agent is not required to provide any information.
	76	+	4.5.IfExcept as provided in subsection 6, if an infant is left at a hospital, the hospital shall
	77	+	provide the parent or the agent with a numbered identification bracelet to link the
	78	+	parent or the agent to the infant, unless due to birth of the infant, the infant and parent
	79	+	currentlyalready have an identification bracelet. Possession of an identification
	80	+	bracelet does not entitle the bracelet holder to take custody of the infant on demand. If
	81	+	an individual possesses a bracelet linking the individual to an infant left at a hospital
	82	+	under this section and parental rights have not been terminated, possession of the
	83	+	bracelet creates a presumption that the individual has standing to participate in a
	84	+	protection services action brought under this chapter or chapter 27-20.3. Possession
	85	+	of the bracelet does not create a presumption of maternity, paternity, or custody.
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	119	+	5.6.If an abandoned infant is left in a newborn safety device at an approved location, the
	120	+	approved location may not inquire as to the identity of the parent or agent. Except as
	121	+	provided in subsection 10, if the identity of the parent or agent of the abandoned
	122	+	child infant is known to the approved location, the approved location shall keep all
	123	+	information as to the identity of the parent or agent of the abandoned child infant
	124	+	confidential. The parent or agent of the abandoned child infant is not required to
	125	+	provide any information to the approved location but may voluntarily provide
	126	+	information, including the medical history of the parents or infant.
	127	+	7.The approved location may provide the parent or the agent with any relevant
	128	+	information, including information about:
62	129		a.Information about theThe safe place for abandoned infant programs;
63	130		b.Information about adoptionAdoption and counseling services; and
64	131		c.Information about whomWhom to contact if reunification is sought.
65		-	6.8.Within twenty-four hours of receiving an infant under this section, the approved ~~location shall~~
66		-	report to the department or authorized agent, as required by section ~~50-25.1-03, that an infant~~
67		-	has been left at thean approved location. The report may not ~~be made before the parent or the~~
68		-	agent leaves the approved location.
69		-	7.9.The approved location and its employees and agents are immune from any criminal or ~~civil~~
70		-	liability for accepting an infant under this section.
	132	+	6.8.Within twenty-four hours of receiving an infant under this section, the approved
	133	+	location shall report to the department or authorized agent, as required by section
	134	+	50-25.1-03, that an infant has been left at thean approved location. The report may not
	135	+	be made before the parent or the agent leaves the approved location.
	136	+	7.9.The approved location and its employees and agents are immune from any criminal or
	137	+	civil liability for accepting an infant under this section.
71	138		8.10.Upon receiving a report of an abandoned infant under this section, the department or
72		-	authorized agent shall proceed as required under this chapter if it appears that the abandoned
73		-	infant was not harmed, except the department or authorized agent may not attempt to identify
74		-	or contact the parent or the agent. If it appears the infant who was left was harmed, the
75		-	approved location shall disclose to the department or authorized agent any known information
76		-	as to the identity of the parent or agent, and the department or authorized agent shall initiate a
77		-	child protection assessment of the matter as required by law.
78		-	9.11.If an individual claiming to be the parent or the agent contacts the department or authorized
79		-	agent and requests to be reunited with the infant who was leftan abandoned infant, the
80		-	department or authorized agent may identify or contact the individual as required under this
81		-	chapter and all other applicable laws. If an individual contacts the department or authorized
82		-	agent seeking information only, the department or authorized agent may attempt to obtain
83		-	information regarding the identity and medical history of the parents and may provide
84		-	information regarding the procedures in a case involving an infant who was left at an approved
85		-	location. The individual is under no obligation to respond to the request for information, and H. B. NO. 1205 - PAGE 3
86		-	the department or authorized agent may not attempt to compel response to investigate the
87		-	identity or background of the individual.
	139	+	authorized agent shall proceed as required under this chapter if it appears that the
	140	+	abandoned infant was not harmed, except the department or authorized agent may
	141	+	not attempt to identify or contact the parent or the agent. If it appears the infant who
	142	+	was left was harmed, the approved location shall disclose to the department or
	143	+	authorized agent any known information as to the identity of the parent or agent, and
	144	+	the department or authorized agent shall initiate a child protection assessment of the
	145	+	matter as required by law.
	146	+	9.11.If an individual claiming to be the parent or the agent contacts the department or
	147	+	authorized agent and requests to be reunited with the infant who was leftan
	148	+	abandoned infant , the department or authorized agent may identify or contact the
	149	+	individual as required under this chapter and all other applicable laws. If an individual
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	183	+	contacts the department or authorized agent seeking information only, the department
	184	+	or authorized agent may attempt to obtain information regarding the identity and
	185	+	medical history of the parents and may provide information regarding the procedures
	186	+	in a case involving an infant who was left at an approved location. The individual is
	187	+	under no obligation to respond to the request for information, and the department or
	188	+	authorized agent may not attempt to compel response to investigate the identity or
	189	+	background of the individual.
88	190		10.12.The department shall develop and implement a public awareness campaign to provide
89		-	information, public service announcements, and educational materials regarding this section
90		-	to the public, including medical providers, law enforcement, and social service agencies. H. B. NO. 1205 - PAGE 4
91		-	____________________________ ____________________________
92		-	Speaker of the House President of the Senate
93		-	____________________________ ____________________________
94		-	Chief Clerk of the House Secretary of the Senate
95		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
96		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1205.
97		-	House Vote: Yeas 91 Nays 0 Absent 3
98		-	Senate Vote:Yeas 44 Nays 2 Absent 1
99		-	____________________________
100		-	Chief Clerk of the House
101		-	Received by the Governor at ________M. on _____________________________________, 2025.
102		-	Approved at ________M. on __________________________________________________, 2025.
103		-	____________________________
104		-	Governor
105		-	Filed in this office this ___________day of _______________________________________, 2025,
106		-	at ________ o’clock ________M.
107		-	____________________________
108		-	Secretary of State
	191	+	information, public service announcements, and educational materials regarding this
	192	+	section to the public, including medical providers, law enforcement, and social service
	193	+	agencies.
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