Bill Text: MN HF2288 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Safe haven law expanded.
Spectrum: Moderate Partisan Bill (Republican 12-2)
Status: (Introduced - Dead) 2012-02-27 - Authors added Lohmer, Shimanski, and Murphy, M. [HF2288 Detail]
Download: Minnesota-2011-HF2288-Introduced.html
1.2relating to child protection; expanding the state's safe haven law;amending
1.3Minnesota Statutes 2010, sections 145.902; 260C.217; 609.3785; proposing
1.4coding for new law in Minnesota Statutes, chapter 604A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 145.902, is amended to read:
1.7145.902 SAFE PLACE FOR NEWBORNS;HOSPITAL DUTIES; IMMUNITY.
1.8 Subdivision 1. General. (a) For purposes of this section, a "safe place" means a
1.9hospital licensed under sections 144.50 to 144.56, a facility operated by a law enforcement
1.10agency as defined in section 626.841, subdivision 1, paragraph (e), or a fire station.
1.11(a) (b) A hospital licensed under sections
144.50 to
144.56
1.12newborn left witha hospital an employee on the hospital premises of the safe place,
1.13provided that:
1.14(1) the newborn was born within72 hours 30 days of being left at the hospital safe
1.15place, as determined within a reasonable degree of medical certainty; and
1.16(2) the newborn is left in an unharmed condition.
1.17(b) (c) The hospital safe place must not inquire as to the identity of the mother or the
1.18person leaving the newborn or call the police, provided the newborn is unharmed when
1.19presentedto the hospital. The hospital safe place may ask the mother or the person leaving
1.20the newborn about the medical history of the mother or newborn but the mother or the
1.21person leaving the newborn is not required to provide any information. Thehospital safe
1.22place may provide the mother or the person leaving the newborn with information about
1.23how to contact relevant social service agencies.
2.1 Subd. 2. Reporting. (a) Within 24 hours of receiving a newborn under this section,
2.2thehospital safe place must inform the local welfare responsible social service agency
2.3that a newborn has been leftat the hospital, but must not do so before the mother or the
2.4person leaving the newborn leaves thehospital premises.
2.5(b) Pending assumption of legal responsibility of the newborn by the responsible
2.6social service agency, a safe place that receives a newborn shall examine the newborn and
2.7provide necessary care and treatment, if any is required, or shall transport the newborn to
2.8a hospital for care.
2.9 Subd. 3. Immunity. (a) Ahospital safe place with responsibility for performing
2.10duties under this section, and any employee, doctor, peace officer, or othermedical
2.11professional working at thehospital safe place, are is immune from any criminal liability
2.12that otherwise might result from their actions, if they are acting in good faith in receiving
2.13a newborn, and are immune from any civil liability that otherwise might result from
2.14merely receiving a newborn.
2.15(b) Ahospital safe place performing duties under this section, or an employee,
2.16doctor, peace officer, or othermedical professional working at the hospital safe place
2.17who is a mandated reporter under section626.556 , is immune from any criminal or civil
2.18liability that otherwise might result from the failure to make a report under that section if
2.19the person is acting in good faith in complying with this section.
2.20 Sec. 2. Minnesota Statutes 2010, section 260C.217, is amended to read:
2.21260C.217 SAFE PLACE FOR NEWBORNS.
2.22 Subdivision 1. Duty to attempt reunification, duty to search for relatives, and
2.23preferences not applicable. A local social service agency taking custody of a child after
2.24discharge from ahospital safe place that received a child under section
145.902 is not
2.25required to attempt to reunify the child with the child's parents. Additionally, the agency is
2.26not required to search for relatives of the child as a placement or permanency option under
2.27section260C.212, subdivision 5 , or to implement other placement requirements that give
2.28a preference to relatives if the agency does not have information as to the identity of the
2.29child, the child's mother, or the child's father.
2.30 Subd. 2. Status of child. For purposes of proceedings under this chapter and
2.31adoption proceedings, a newborn left at ahospital safe place under section
145.902 is
2.32considered an abandoned child.
2.33 Sec. 3. [604A.04] SAFE PLACE FOR NEWBORNS.
3.1Persons with whom a newborn is left pursuant to section 145.902 are immune from
3.2liability to the extent provided in section 145.902, subdivision 3.
3.3 Sec. 4. Minnesota Statutes 2010, section 609.3785, is amended to read:
3.4609.3785 UNHARMED NEWBORNS LEFT ATHOSPITALS SAFE PLACE;
3.5AVOIDANCE OF PROSECUTION.
3.6A person may leave a newborn with a hospital employee at a hospital in this state, or
3.7with an employee at a law enforcement agency or fire station, without being subjected
3.8to prosecution for that act, provided that:
3.9(1) the newborn was born within72 hours 30 days of being left at the hospital,
3.10law enforcement agency, or fire station, as determined within a reasonable degree of
3.11medical certainty;
3.12(2) the newborn is left in an unharmed condition; and
3.13(3) in cases where the person leaving the newborn is not the newborn's mother, the
3.14person has the mother's approval to do so.
1.3Minnesota Statutes 2010, sections 145.902; 260C.217; 609.3785; proposing
1.4coding for new law in Minnesota Statutes, chapter 604A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 145.902, is amended to read:
1.7145.902 SAFE PLACE FOR NEWBORNS;
1.8 Subdivision 1. General. (a) For purposes of this section, a "safe place" means a
1.9hospital licensed under sections 144.50 to 144.56, a facility operated by a law enforcement
1.10agency as defined in section 626.841, subdivision 1, paragraph (e), or a fire station.
1.11
1.12newborn left with
1.13provided that:
1.14(1) the newborn was born within
1.15place, as determined within a reasonable degree of medical certainty; and
1.16(2) the newborn is left in an unharmed condition.
1.17
1.18person leaving the newborn or call the police, provided the newborn is unharmed when
1.19presented
1.20the newborn about the medical history of the mother or newborn but the mother or the
1.21person leaving the newborn is not required to provide any information. The
1.22place may provide the mother or the person leaving the newborn with information about
1.23how to contact relevant social service agencies.
2.1 Subd. 2. Reporting. (a) Within 24 hours of receiving a newborn under this section,
2.2the
2.3that a newborn has been left
2.4person leaving the newborn leaves the
2.5(b) Pending assumption of legal responsibility of the newborn by the responsible
2.6social service agency, a safe place that receives a newborn shall examine the newborn and
2.7provide necessary care and treatment, if any is required, or shall transport the newborn to
2.8a hospital for care.
2.9 Subd. 3. Immunity. (a) A
2.10duties under this section, and any employee, doctor, peace officer, or other
2.11professional working at the
2.12that otherwise might result from their actions, if they are acting in good faith in receiving
2.13a newborn, and are immune from any civil liability that otherwise might result from
2.14merely receiving a newborn.
2.15(b) A
2.16doctor, peace officer, or other
2.17who is a mandated reporter under section
2.18liability that otherwise might result from the failure to make a report under that section if
2.19the person is acting in good faith in complying with this section.
2.20 Sec. 2. Minnesota Statutes 2010, section 260C.217, is amended to read:
2.21260C.217 SAFE PLACE FOR NEWBORNS.
2.22 Subdivision 1. Duty to attempt reunification, duty to search for relatives, and
2.23preferences not applicable. A local social service agency taking custody of a child after
2.24discharge from a
2.25required to attempt to reunify the child with the child's parents. Additionally, the agency is
2.26not required to search for relatives of the child as a placement or permanency option under
2.27section
2.28a preference to relatives if the agency does not have information as to the identity of the
2.29child, the child's mother, or the child's father.
2.30 Subd. 2. Status of child. For purposes of proceedings under this chapter and
2.31adoption proceedings, a newborn left at a
2.32considered an abandoned child.
2.33 Sec. 3. [604A.04] SAFE PLACE FOR NEWBORNS.
3.1Persons with whom a newborn is left pursuant to section 145.902 are immune from
3.2liability to the extent provided in section 145.902, subdivision 3.
3.3 Sec. 4. Minnesota Statutes 2010, section 609.3785, is amended to read:
3.4609.3785 UNHARMED NEWBORNS LEFT AT
3.5AVOIDANCE OF PROSECUTION.
3.6A person may leave a newborn with a hospital employee at a hospital in this state, or
3.7with an employee at a law enforcement agency or fire station, without being subjected
3.8to prosecution for that act, provided that:
3.9(1) the newborn was born within
3.10law enforcement agency, or fire station, as determined within a reasonable degree of
3.11medical certainty;
3.12(2) the newborn is left in an unharmed condition; and
3.13(3) in cases where the person leaving the newborn is not the newborn's mother, the
3.14person has the mother's approval to do so.
