HCS HB 339 -- SAFE PLACE FOR NEWBORNS ACT

SPONSOR:  Barry

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Families and Health by a vote of 13 to 1.

This substitute establishes the Safe Place for Newborns Act of
2001, which protects newborn children from injury and death
caused by abandonment by a parent and provides alternatives to
abandonment.

An affirmative defense to charges of criminal abandonment or
endangering the welfare of a child is provided to parents if the
child is no more than 30 days old when delivered; the child was
not abused or neglected; and, intending not to return for the
child, a parent voluntarily delivered the child safely to the
physical custody of:

(1)  A volunteer or paid employee, agent, or member of a 24-hour
medical facility licensed under Chapter 197, RSMo;

(2)  A volunteer or paid firefighter or emergency medical
technician;

(3)  A law enforcement officer on duty;

(4)  A member of the clergy; or

(5)  An employee of the Division of Family Services or the
Division of Youth Services.

These persons are authorized to take physical custody of a
newborn without court order if they believe that the child is no
more than 30 days old and that it is delivered by a person
purporting to be a parent.  If delivery of a child is made to a
place other than a 24-hour medical facility licensed under
Chapter 197, a person taking custody is required to immediately
transport the child to the nearest 24-hour medical facility
licensed under Chapter 197.  The implied consent of a parent to
actions performed by licensed 24-hour medical facilities which
are necessary to protect the physical health and safety of the
child is constituted if the child is voluntarily delivered
according to provisions of the substitute.  The voluntary
delivery of a child according to the provisions of the
substitute also constitutes a voluntary relinquishment of the
delivering parent's parental rights.

Authorized persons listed in the substitute are immune from
civil, criminal, and administrative liability for good faith
discharge of duties required by the substitute.

The Division of Family Services is required to provide
information and to answer questions about the substitute through
the statewide child abuse hot-line.  The division is also
required to provide information to the public through general
public service announcements or by other means.

The provisions of the substitute are prohibited from conflicting
with Section 210.125, pertaining to the protective custody of
children.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill would alleviate the
abuse and neglect experienced by children by creating a safe
haven for children who are voluntarily delivered to authorized
persons.  Supporters also state that the bill targets a limited
number of children in Missouri by providing a safe and secure
alternative to abandonment.

Testifying for the bill were Representatives Barry and Hanaway;
Missouri Bar; and Missouri Hospital Association.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am