Bill Text: MI HB5750 | 2017-2018 | 99th Legislature | Enrolled
Bill Title: Children; protection; safe delivery of newborns act; modify definition of newborn and allow surrender to a newborn safety device. Amends secs. 1, 2 & 3, ch. XII of 1939 PA 288 (MCL 712.1 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-12-28 - Vetoed By The Governor 12/27/2018 [HB5750 Detail]
Download: Michigan-2017-HB5750-Enrolled.html
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Kahle, McCready, Leutheuser, Noble, Theis, Hughes, Miller, Rendon, Allor, Frederick, Wentworth, Vaupel, Canfield and Tedder
ENROLLED HOUSE BILL No. 5750
AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 1, 2, and 3 of chapter XII (MCL 712.1, 712.2, and 712.3), sections 1 and 3 as amended by 2006 PA 488 and section 2 as added by 2000 PA 232.
The People of the State of Michigan enact:
CHAPTER XII
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) “Child placing agency” means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) “Court” means the family division of circuit court.
(c) “Department” means the department of health and human services.
(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.
(e) “Domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(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.
(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.
(h) “Gross negligence” means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(i) “Hospital” means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(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.
(k) “Newborn” means a child who a physician reasonably believes to be not more than 30 days old.
(l) “Newborn safety device” means a device provided by an emergency service provider that conforms to the rules promulgated under section 3a of this chapter.
(m) “Police station” means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.
(n) “Preplacement assessment” means an assessment of a prospective adoptive parent as described in section 23f of chapter X.
(o) “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 newborn safety device as provided in section 3a 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 safety device as provided in section 3a 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, 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, 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 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 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 can receive counseling or medical attention.
(c) Inform the parent that information that he or she 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) If a parent surrenders a child who may be a newborn to a newborn safety device, the emergency service provider shall proceed as described in the rules for newborn safety devices promulgated under section 3a of this chapter.
(4) 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.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5751 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
