SS SCS HCS HB 1443 -- SAFE PLACE FOR NEWBORNS

This bill establishes the Safe Place for Newborns Act of 2002.
The act 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 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, the
person taking custody is required to immediately transport the
child to the nearest hospital.  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
bill 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.  It 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 or maternity, 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 or maternity.  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.

Authorized persons listed in the bill 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 bill.

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

The bill also makes technical corrections to provisions
pertaining to the establishment of paternity.

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