Bill Text: IA HF474 | 2023-2024 | 90th General Assembly | Enrolled

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Bill Title: A bill for an act relating to placement of custody of a newborn infant under the newborn safe haven Act. (Formerly HF 195.) Effective date: 07/01/2023.

Spectrum: Committee Bill

Status: (Passed) 2023-04-28 - Signed by Governor. H.J. 952. [HF474 Detail]

Download: Iowa-2023-HF474-Enrolled.html

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House File 474 - Enrolled
House File 474
AN ACT
RELATING TO PLACEMENT OF CUSTODY OF A NEWBORN INFANT UNDER THE
NEWBORN SAFE HAVEN ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 232.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION . 40A. “Newborn infant” means the same as
defined in section 233.1.
Sec. 2. Section 232.78, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 9. a. Notwithstanding any provision
to the contrary including priority in placement of a child
under subsection 8, if an ex parte order is requested from the
juvenile court under this section pursuant to section 233.2 for
transfer of custody of a newborn infant, one of the following
shall be applicable:
(1) If physical custody of the newborn infant was not
initially relinquished under section 233.2 to an adoption
service provider, the department shall request that custody be
transferred to the department.
(2) If physical custody of the newborn infant was initially
relinquished under section 233.2 to an adoption service
provider, the adoption service provider shall request that
custody be transferred to the adoption service provider.
b. Upon receiving the order, the department or the adoption
service provider shall take custody of the newborn infant and

House File 474, p. 2
proceed in accordance with chapter 233.
c. For the purposes of this subsection, “adoption service
provider” means the same as defined in section 233.1.
Sec. 3. Section 232.95, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 2A. Notwithstanding any provision to the
contrary including placement of custody of a child pursuant to
subsection 2, if the hearing under this section is the result
of a request for an ex parte order from the court pursuant to
section 232.78 for a newborn infant for whom physical custody
was relinquished pursuant to section 233.2, the court shall
place custody of the child as provided in section 232.78,
subsection 9, and proceed in accordance with chapter 233.
Sec. 4. Section 232.102, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 11. Notwithstanding any provision to the
contrary, transfer of legal custody and placement of a newborn
infant for whom physical custody was relinquished pursuant to
section 233.2 shall be determined in accordance with chapter
233.
Sec. 5. Section 232.104, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 10. Notwithstanding any provision to the
contrary, legal custody and placement of a newborn infant for
whom physical custody was relinquished pursuant to section
233.2 shall be determined in accordance with chapter 233.
Sec. 6. Section 233.1, Code 2023, is amended to read as
follows:
233.1 Newborn safe haven Act —— definitions.
1. This chapter may be cited as the “Newborn Safe Haven
Act” .
2. For the purposes of this chapter , unless the context
otherwise requires:
a. “Adoption service provider” means a state-licensed
private agency which is recognized as exempt under section
501(c)(3) of the Internal Revenue Code and which represents
itself as placing children permanently or temporarily in
private family homes, receiving children for placement in
private family homes, and actually engaging in placement of

House File 474, p. 3
children in private family homes for adoption.
b. “Certified adoption investigator” means the same as
defined in section 600A.2.
c. “Department” means the department of health and human
services.
a. d. “First responder” means an emergency medical care
provider, a registered nurse staffing an authorized service
program under section 147A.12 , a physician assistant staffing
an authorized service program under section 147A.13 , a fire
fighter, or a peace officer as defined in section 801.4 .
b. e. “Institutional health facility” means a hospital
as defined in section 135B.1 , including a facility providing
medical or health services that is open twenty-four hours per
day, seven days per week and is a hospital emergency room or a
health care facility as defined in section 135C.1 .
c. f. “Newborn infant” means a child who is, or who appears
to be, ninety days of age or younger.
Sec. 7. NEW SECTION . 233.1A Required training and
certification in cardiopulmonary resuscitation and first aid ——
adoption service provider employees.
An adoption service provider shall require and verify that
all employees of the adoption service provider responding to
the relinquishment of physical custody of a newborn infant
in accordance with section 233.2 are trained and maintain
certification in cardiopulmonary resuscitation and first aid
for infants and adults.
Sec. 8. Section 233.2, Code 2023, is amended to read as
follows:
233.2 Newborn infant custody release procedures.
1. a. A parent of a newborn infant may voluntarily release
custody of the newborn infant by relinquishing physical custody
of the newborn infant, without expressing an intent to again
assume physical custody, at an institutional health facility
or to an adoption service provider or by authorizing another
person to relinquish physical custody on the parent’s behalf.
If physical custody of the newborn infant is not relinquished
directly to an individual on duty at the institutional health
facility or to an adoption service provider , the parent may
take other actions to be reasonably sure that an individual on

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duty or the adoption service provider is aware that the newborn
infant has been left at the institutional health facility or
the location of the adoption service provider . The actions
may include but are not limited to making telephone contact
with the institutional health facility , the adoption service
provider, or a 911 service.
b. In lieu of the procedure described in paragraph “a” ,
a parent of a newborn infant may make telephone contact with
a 911 service and relinquish physical custody of the newborn
infant, without expressing an intent to again assume physical
custody, to a first responder who responds to the 911 telephone
call.
c. For the purposes of this chapter and for any judicial
proceedings associated with the newborn infant, a rebuttable
presumption arises that the person who relinquishes physical
custody at an institutional health facility , to an adoption
service provider, or to a first responder in accordance with
this section is the newborn infant’s parent or has relinquished
physical custody with the parent’s authorization.
2. a. Unless the parent or other person relinquishing
physical custody of a newborn infant clearly expresses an
intent to return to again assume physical custody of the
newborn infant, an individual on duty at the facility at which
physical custody of the newborn infant was relinquished, the
adoption service provider to whom physical custody of the
newborn infant was relinquished, or a first responder to whom
physical custody of the newborn infant was relinquished,
pursuant to subsection 1 shall take physical custody of the
newborn infant. The individual on duty , the adoption service
provider, or the first responder may request the parent or
other person to provide the name of the parent or parents
and information on the medical history of the newborn infant
and the newborn infant’s parent or parents. However, the
parent or other person is not required to provide the names
or medical history information to comply with this section .
The individual on duty , the adoption service provider, or
the first responder may perform reasonable acts necessary to
protect the physical health or safety of the newborn infant.
The individual on duty and the institutional health facility

House File 474, p. 5
in which the individual was on duty , the adoption service
provider, and the first responder are immune from criminal or
civil liability for any acts or omissions made in good faith to
comply with this section .
b. If the physical custody of a newborn infant is
relinquished to a first responder or to an adoption service
provider , the first responder or the adoption service provider
shall transport the newborn infant to the nearest institutional
health facility. The first responder or the adoption service
provider shall provide any parental identification or medical
history information to the institutional health facility.
c. If the physical custody of the newborn infant is
relinquished at an institutional health facility, the state
shall reimburse the institutional health facility for the
institutional health facility’s actual expenses in providing
care to the newborn infant and in performing acts necessary to
protect the physical health or safety of the newborn infant.
The reimbursement shall be paid from moneys appropriated for
this purpose to the department of human services .
d. If the name of the parent is unknown to the institutional
health facility, the individual on duty or other person
designated by the institutional health facility at which
physical custody of the newborn infant was relinquished shall
submit the certificate of birth report as required pursuant
to section 144.14 . If the name of the parent is disclosed
to the institutional health facility, the facility shall
submit the certificate of birth report as required pursuant to
section 144.13 . The department of public health shall not file
the certificate of birth with the county of birth and shall
otherwise maintain the confidentiality of the birth certificate
in accordance with section 144.43 .
3. a. As soon as possible after the individual on duty ,
the adoption service provider, or the first responder assumes
physical custody of a newborn infant released under subsection
1 , and, if applicable, the adoption service provider or
the first responder transports the newborn infant to the
nearest institutional health facility under subsection 2,
paragraph “b” , the individual or on duty shall notify either
the department or an adoption service provider and the first

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responder shall notify the department of human services and
the . The department or the adoption service provider shall
take the actions necessary to assume the care, control, and
custody of the newborn infant . The as follows:
(1) If physical custody of the newborn infant was not
initially relinquished to an adoption service provider,
the department shall immediately notify the juvenile court
and the county attorney of the department’s action and the
circumstances surrounding the action and request an ex parte
order from the juvenile court ordering, in accordance with the
requirements of section 232.78 , subsection 9, the department
to take custody of the newborn infant. Upon receiving the
order, the department shall take custody of the newborn
infant. After the department takes custody of the newborn
infant, notwithstanding any provision to the contrary relating
to priority placement of the child under section 232.78, the
department shall, if feasible, place the newborn infant in
a prospective adoptive home. The department shall maintain
a list of prospective adoptive homes that have completed
placement investigations and have been preapproved by the
department or a certified adoption investigator.
(2) If physical custody of the newborn infant was initially
relinquished to an adoption service provider, the adoption
service provider shall immediately notify the juvenile court
and the county attorney of the adoption service provider’s
action and the circumstances surrounding the action and
request an ex parte order from the juvenile court ordering, in
accordance with the requirements of section 232.78, subsection
9, the adoption service provider to take custody of the
newborn infant. Upon receiving the order, the adoption service
provider shall take custody of the newborn infant.
b. Within twenty-four hours of the department or the
adoption service provider taking custody of the newborn infant,
the department or the adoption service provider shall notify
the juvenile court and the county attorney in writing of the
department’s or adoption service provider’s action and the
circumstances surrounding the action.
c. Within twenty-four hours of the adoption service provider
taking custody of the newborn infant, the adoption service

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provider shall notify the department in writing that the
adoption service provider has taken custody of the newborn
infant and will comply with the requirements of chapter 233.
4. a. Upon being notified in writing by the department or
the adoption service provider under subsection 3 , the county
attorney shall file a petition alleging the newborn infant to
be a child in need of assistance in accordance with section
232.87 and a petition for termination of parental rights with
respect to the newborn infant in accordance with section
232.111, subsection 2 , paragraph “a” . A hearing on a child in
need of assistance petition filed pursuant to this subsection
shall be held at the earliest practicable time. A hearing on a
termination of parental rights petition filed pursuant to this
subsection shall be held no later than thirty days after the
day the physical custody of the newborn child was relinquished
in accordance with subsection 1 unless the juvenile court
continues the hearing beyond the thirty days for good cause
shown.
b. Notice of a petition filed pursuant to this subsection by
either the department or the adoption service provider shall
be provided to any known parent and others in accordance with
the provisions of chapter 232 and shall be served upon any
putative father registered with the state registrar of vital
statistics pursuant to section 144.12A . In addition, prior to
holding a termination of parental rights hearing with respect
to the newborn infant, notice by publication shall be provided
as described in section 600A.6, subsection 5 .
5. Reasonable efforts, as defined in section 232.102 , that
are made in regard to the newborn infant shall be limited to
the efforts made in a timely manner to finalize a permanency
plan for the newborn infant.
6. An individual on duty at an institutional health
facility , an adoption service provider, or a first responder
who assumes custody of a newborn infant upon the release of
the newborn infant under subsection 1 shall be provided notice
of any hearing held concerning the newborn infant at the same
time notice is provided to other parties to the hearing and
the individual , the adoption service provider, or the first
responder may provide testimony at the hearing.

House File 474, p. 8
Sec. 9. Section 233.5, subsection 2, Code 2023, is amended
to read as follows:
2. A record described in subsection 1 may be inspected and
the contents disclosed without court order to the following:
a. The court and professional court staff, including
juvenile court officers.
b. The newborn infant and the newborn infant’s counsel.
c. The newborn infant’s parent, guardian, custodian, and
those persons’ counsel.
d. The newborn infant’s court appointed special advocate and
guardian ad litem.
e. The county attorney and the county attorney’s assistants.
f. An agency, adoption service provider, association,
facility, or institution which has custody of the newborn
infant, or is legally responsible for the care, treatment, or
supervision of the newborn infant.
g. The newborn infant’s foster parent or an individual
providing a prospective adoptive home or preadoptive care to
the newborn infant.
Sec. 10. Section 233.6, Code 2023, is amended to read as
follows:
233.6 Educational and public information.
The department of human services, in consultation with the
Iowa department of public health and the department of justice,
shall develop and distribute the following:
1. An information card or other publication for
distribution by an institutional health facility , adoption
service provider, or a first responder to a parent who releases
custody of a newborn infant in accordance with this chapter .
The publication shall inform the parent of a parent’s rights
under section 233.4 , explain the request for medical history
information under section 233.2, subsection 2 , and provide
other information deemed pertinent by the departments.
2. Educational materials, public information announcements,
and other resources to develop awareness of the availability
of the newborn safe haven Act and the involvement of adoption
service providers among adolescents, young parents, and others
who might avail themselves of this chapter .
3. Signage that may be used to identify the institutional

House File 474, p. 9
health facilities and adoption service providers at which
physical custody of a newborn infant may be relinquished in
accordance with this chapter .
______________________________ ______________________________
PAT GRASSLEY AMY SINCLAIR
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 474, Ninetieth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2023 ______________________________
KIM REYNOLDS
Governor