Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires newly constructed police stations, fire stations, and hospitals to provide newborn safety device; allows affirmative defense to prosecution for abandonment if parent leaves child in device.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning newborn safety devices, amending P.L.2000, c.58, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A newly constructed building shall provide a newborn safety device if the building is intended to serve as:
(1) a State, county, or municipal police station;
(2) a fire station of a municipal, county, fire district, or volunteer fire department; or
(3) a licensed general hospital, or an emergency department thereof.
b. As used in this section, "newborn safety device" means a secure compartment, with a functioning alarm, intended for the safe placement of a newborn child, installed and activated in accordance with the rules and regulations adopted pursuant to subsection b. of section 9 of P.L.2000, c.58 (C.30:4C-15.10).
2. Section 4 of P.L.2000, c.58 (C.30:4C-15.7) is amended to read as follows:
4. a. If a person voluntarily delivers a child who is or appears to be no more than 30 days old to, and leaves the child in a newborn safety device, or with an adult employee at:
(1) a State, county, or municipal police station and does not express an intent to return for the child, a State, county, or municipal police officer shall take the child to the emergency department of a licensed general hospital in this State and the hospital shall proceed as specified in subsection b. of this section;
(2) a fire station of a municipal, county, fire district, or volunteer fire department [that is staffed 24 hours a day, seven days a week], and does not express an intent to return for the child, a fire fighter shall take the child to the emergency department of a licensed general hospital in this State, and the hospital shall proceed as specified in subsection b. of this section; or
(3) a public or private ambulance, first aid, or rescue squad [that is staffed 24 hours a day, seven days a week], and does not express an intent to return for the child, an emergency medical technician, or another squad member if an emergency medical technician is not available, shall take the child to the emergency department of a licensed general hospital in this State, and the hospital shall proceed as specified in subsection b. of this section.
b. If a person voluntarily delivers a child who is or appears to be no more than 30 days old to, and leaves the child at an emergency department of a licensed general hospital in this State and does not express an intent to return for the child, or, if a State, county, or municipal police officer, a fire fighter, or a member of a public or private ambulance, first aid, or rescue squad brings a child to a licensed general hospital under the circumstances set forth in subsection a. of this section, the hospital shall:
(1) take possession of the child without a court order;
(2) take any action or provide any treatment necessary to protect the child's physical health and safety; and
(3) no later than the first business day after taking possession of the child, notify the Division of Child Protection and Permanency in the Department of Children and Families that the hospital has taken possession of the child.
c. The Division of Child Protection and Permanency shall assume the care, custody, and control of the child immediately upon receipt of notice from a licensed general hospital pursuant to paragraph (3) of subsection b. of this section. The division shall commence a thorough search of all listings of missing children to ensure that the relinquished child has not been reported missing.
d. A child for whom the Division of Child Protection and Permanency assumes care, custody, and control pursuant to subsection c. of this section shall be treated as a child taken into possession without a court order.
e. It shall be an affirmative defense to prosecution for abandonment of a child that the parent voluntarily delivered the child to and left the child in a newborn safety device, or with an adult employee, or voluntarily arranged for another person to deliver the child to and leave the child in a newborn safety device, or with an adult employee, at a State, county, or municipal police station, a fire department, or an ambulance, first aid, or rescue squad as provided in subsection a. of this section; or voluntarily delivered the child to and left the child at the emergency department of a licensed general hospital in this State as provided in subsection b. of this section. Nothing in this subsection shall be construed to create a defense to any prosecution arising from any conduct other than the act of delivering the child as described herein, and this subsection specifically shall not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of the child to a newborn safety device, a State, county, or municipal police station, a fire department, or an ambulance, first aid, or rescue squad as provided in subsection a. of this section or the emergency department of a licensed general hospital in this State as provided in subsection b. of this section.
f. (1) A State, county, or municipal police officer and the governmental jurisdiction employing that officer [:] ;
(2) a fire fighter and the fire department, and governmental jurisdiction as applicable, employing or utilizing the services of that person;
(3) a member of an ambulance, first aid, or rescue squad and the squad, and governmental jurisdiction as applicable, employing, or utilizing the services of that person; or
(4) an employee of an emergency department of a licensed general hospital in this State and the hospital employing that person, shall incur no civil or criminal liability for any good faith acts or omissions performed pursuant to this section.
g. Any person who voluntarily delivers a child who is or appears to be no more than 30 days old to a newborn safety device, a licensed general hospital, a police station, fire department, or ambulance, first aid, or rescue squad in accordance with this section shall not be required to disclose that person's name or other identifying information or that of the child or the child's parent, if different from the person who delivers the child to the newborn safety device, hospital, police station, fire department, or ambulance, first aid, or rescue squad, or provide background or medical information about the child, but may voluntarily do so.
h. As used in this section, "newborn safety device" means a secure compartment, with a functioning alarm, intended for the safe placement of a newborn child, and installed and activated at a fire station, police station, hospital, or other appropriate facility as determined by the Commissioner of Community Affairs, in accordance with the rules and regulations adopted pursuant to subsection b. of section 9 of P.L.2000, c.58 (C.30:4C-15.10).
(cf: P.L.2015, c.82, s.1)
3. Section 9 of P.L.2000, c.58 (C.30:4C-15.10), is amended to read as follows:
9. a. The Commissioner of Children and Families, in consultation with the Commissioner of Health [and Senior Services] and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of [this act] P.L.2000, c.58 (C.30:4C-15.5 et al.).
b. On or before the first day of the third month next following enactment, the Commissioner of Community Affairs, in consultation with the Commissioner of Children and Families and the Commissioner of Health, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to guide the installation, maintenance, and proper activation, of newborn safety devices installed in accordance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The commissioner's rules and regulations shall designate the buildings, if any, in addition to police stations, fire stations, and hospitals, in which the placement of a newborn safety device is appropriate, and the designation shall thereby entitle the parent to an affirmative defense to prosecution for abandonment of a child, pursuant to subsection e. of section 4 of P.L.2000, c.58 (C.30:4C-15.7), if a newborn is placed in a newborn safety device. The commissioner's rules and regulations shall also designate the range of features that shall be included in the device to ensure compliance with P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2006, c.47, s.126)
4. This act shall take effect on the first day of the fourth month next following enactment, and shall apply to a construction permit not yet declared complete by the enforcing agency prior to that date.
STATEMENT
This bill requires newly constructed police stations, fire stations, and hospitals to contain a newborn safety device and allows an affirmative defense to prosecution for abandonment of a child if a parent leaves a child in this device.
As used in the bill, "newborn safety device" refers to a secure compartment, with a functioning alarm, intended for the safe placement of a newborn child, and installed and maintained at a fire station, police station, hospital, or other appropriate facility, in accordance with the rules and regulations adopted by the Commissioner of Community Affairs.
Specifically, the bill requires a newly constructed building to provide a newborn safety device if the building is intended to serve as: (1) a State, county, or municipal police station; (2) a fire station of a municipal, county, fire district, or volunteer fire department; or (3) a licensed general hospital, or an emergency department thereof.
Further, under current law, it is an affirmative defense to prosecution for the abandonment of a child if the parent leaves a newborn with an adult employee of a police station, fire station, or hospital. This bill would offer a parent the equivalent affirmative defense if the parent leaves the child in a newborn safety device at a police station, fire station, hospital, or other appropriate facility. Current law provides for the Division of Child Protection and Permanency to assume responsibility for the care, custody, and control of a baby abandoned by a parent. The bill removes a requirement that the facility be staffed 24 hours a day, seven days a week in order to qualify for the affirmative defense, so long as the infant is left either with an adult employee, or in a newborn safety device.
Finally, the bill directs the Commissioner of Community Affairs to promulgate rules and regulations to effectuate the provisions of this bill. These rules and regulations would include designation of what buildings, if any, in addition to police stations, fire stations, and hospitals, are appropriate for the placement of a newborn safety device, thereby entitling the parent to an affirmative defense to prosecution for abandonment of a child, if a newborn is placed in a newborn safety device. The rules and regulations would also designate what range of features are necessary to include in the device to ensure compliance with the bill.