Bill Text: IA SF360 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to the newborn safe haven Act. (Formerly SF 183.) Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-03-29 - Signed by Governor. S.J. 821. [SF360 Detail]
Download: Iowa-2017-SF360-Enrolled.html
Senate File 360 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SF 183)
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A BILL FOR
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Senate File 360
AN ACT
RELATING TO THE NEWBORN SAFE HAVEN ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 233.1, subsection 2, Code 2017, is
amended by adding the following new paragraph:
NEW PARAGRAPH. 0a. "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.
Sec. 2. Section 233.1, subsection 2, paragraph b, Code 2017,
is amended to read as follows:
b. "Newborn infant" means a child who is, or who appears to
be, fourteen thirty days of age or younger.
Sec. 3. Section 233.2, subsections 1, 2, 3, and 6, Code
2017, are amended to read as follows:
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
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, the parent may take
other actions to be reasonably sure that an individual on
duty is aware that the newborn infant has been left at the
institutional health facility. The actions may include but are
not limited to making telephone contact with the institutional
health facility 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 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, 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 or 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 or 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
in which the individual was on duty 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, the first responder shall
transport the newborn infant to the nearest institutional
health facility. The first responder shall provide any
parental identification or medical history information to the
institutional health facility.
b. 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.
c. 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. As soon as possible after the individual on duty or
first responder assumes physical custody of a newborn infant
released under subsection 1, the individual shall notify the
department of human services and the department shall take the
actions necessary to assume the care, control, and custody of
the newborn infant. 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, the
department to take custody of the newborn infant. Upon
receiving the order, the department shall take custody of the
newborn infant. Within twenty=four hours of taking custody of
the newborn infant, the department shall notify the juvenile
court and the county attorney in writing of the department's
action and the circumstances surrounding the action.
6. An individual on duty at an institutional health facility
or 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 may provide testimony at the
hearing.
Sec. 4. Section 233.5, subsection 1, Code 2017, is amended
to read as follows:
1. a. In addition to any other privacy protection
established in law, a record that is developed, acquired, or
held in connection with an individual's good faith effort
to voluntarily release a newborn infant in accordance with
this chapter and any identifying information concerning the
individual shall be kept confidential. Such record shall not
be inspected or the contents disclosed except as provided in
this section.
b. Any transcripts or recording of a 911 service telephone
call that is made for the purpose of an individual's good faith
effort to voluntarily release custody of a newborn infant in
accordance with this chapter and any identifying information
concerning the individual shall be kept confidential. Such
transcripts or recording of a 911 service telephone call shall
not be inspected or the contents disclosed except as provided
in this section.
CHARLES SCHNEIDE
LINDA UPMEYER
W. CHARLES SMITH
KIM REYNOLDS
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