HB 1443 -- Safe Place for Newborns Act

Co-Sponsors:  Barry, Hanaway, Hosmer, Portwood

This bill 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.

An affirmative defense to charges of criminal abandonment or
endangering the welfare of a child is provided to parents who
voluntarily deliver a child safely to the physical custody of
authorized persons.

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 24-hour medical facility licensed under
Chapter 197, RSMo, a person taking custody is required to
immediately transport the child to the nearest such facility.  An
employee or agent of the facility is required to notify the
Division of Family Services upon receipt of a child and the local
juvenile officer when the child is medically ready for discharge
for commencement of protective custody proceedings.

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
bill.  The voluntary delivery of a child according to the
provisions of the bill also constitutes a voluntary
relinquishment of the relinquishing parent's parental rights.

The non-relinquishing parent can file for custody of the child
within 30 days after any authorized person accepts custody of the
child from a relinquishing parent.  In any termination of
parental rights proceedings, the court is required to make public
notice of a child that has been relinquished, and the
non-relinquishing parent 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.  If the non-relinquishing parent fails to
file an action within the 30-day period, that parent is forever
barred from filing for custody of the child.

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

The Division of Family Services is required to provide
information and to answer questions about the bill through a
statewide toll-free number.  The division is also required to
provide information to the public through general public service
announcements or by other means.

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

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am