HCS SS SB 687 -- SAFE PLACE FOR NEWBORNS

SPONSOR:  Gibbons (Barry)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Families and Health by a vote of 17 to 0.

This substitute establishes the Safe Place for Newborns Act of
2002, which protects newborn children from injury and death
caused by abandonment by a relinquishing parent and provides
alternatives to abandonment.

A parent will not be prosecuted for charges of criminal
abandonment or endangering the welfare of a child five days old
or younger if the parent voluntarily delivered the child safely
to the physical custody of an authorized person.  A parent is
provided an affirmative defense to criminal abandonment or
endangering the welfare of a child six days old but no older than
30 days old if the parent voluntarily delivered the child safely
to the physical custody of an authorized person.

Authorized persons are required 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 hospital licensed under Chapter 197, RSMo, a
person taking custody is required to immediately transport the
child to the nearest such facility.  The hospital is required to
notify the Division of Family Services and the local juvenile
officer upon receipt of a child.  The local juvenile officer is
required to begin protective custody proceedings and request that
the child be made a ward of the court during the child's stay in
the hospital.  Upon discharge from the hospital and the
continuance of the protective custody order, the division is
required to take physical custody of the child.

Voluntary delivery of the child according to provisions of the
substitute constitutes implied consent of a parent to actions
performed by authorized persons which are necessary to protect
the physical health and safety of the child.  The voluntary
delivery of a child according to the provisions of the substitute
also constitutes a voluntary relinquishment of the relinquishing
parent's parental rights.

In any termination of parental rights proceedings initiated after
the voluntary relinquishment of a child, the juvenile officer is
required to make public notice of a child that has been
relinquished, and the non-relinquishing parent, wishing to
establish paternity, has 30 days to identify himself or herself
to the court and to state his or her intentions regarding the
child.  The court is required to initiate proceedings to
establish paternity.  The juvenile officer is required to examine
the Putative Father Registry contained in Section 192.016 in
order to determine if attempts have been made to preserve
parental rights.  If attempts have been made, the juvenile
officer is required to make reasonable efforts to provide the
notice of abandonment to the child's putative father.

If the child is voluntarily delivered to the custody of an
authorized person, the non-relinquishing parent is required to
take necessary steps to establish parentage within 30 days after
the juvenile officer has filed the required public notice
concerning the relinquishment of the child.  If the
non-relinquishing parent fails to take the necessary steps to
establish parentage as required, the non-relinquishing parent may
have all of his or her parental rights terminated concerning the
child.

Authorized persons listed in the substitute are immune from
civil, criminal, and administrative liability for accepting
physical custody of children in good faith.  The immunity will
not extend for acts or omissions, whether negligent or
intentional, which occur after acceptance of the child.

The division is required to provide information to the public
concerning provisions contained in the substitute.

The provisions of the substitute do not conflict with Section
210.125, pertaining to the protective custody of children.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the substitute will not
encourage abandonment of newborn children but will provide an
alternative to the potential abandonment of newborn children in
Missouri.  The relinquishing parent should not be punished for
child abandonment or endangerment if the parent follows the
provisions of the substitute.

Testifying for the bill were Senator Gibbons; Board of Governors
of The Missouri Bar; Missouri Hospital Association; and Foster
and Adoptive Care Coalition.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am