Bill Text: MI HB5750 | 2017-2018 | 99th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 5750
March 22, 2018, Introduced by Reps. Kahle, McCready, Leutheuser, Noble, Theis, Hughes, Miller, Rendon, Allor, Frederick, Wentworth, Vaupel, Canfield and Tedder and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
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 72 hours 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) (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 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) (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.
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 Senate Bill No.____ or House Bill No. 5751 (request no.
05878'18) of the 99th Legislature is enacted into law.
