SECOND REGULAR SESSION
HOUSE BILL NO. 1443
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BARRY, HANAWAY, HOSMER, PORTWOOD (Co-sponsors),
ABEL, BRITT, GAMBARO, VILLA, LEGAN, BOWMAN AND BONNER.
Read 1st time January 14, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 568.030, 568.045 and 568.050, RSMo 2000, and to enact in lieu thereof four new sections relating to the Safe Place for Newborns Act.
Section A. Sections 568.030, 568.045 and 568.050, RSMo 2000, are repealed and four new sections enacted in lieu thereof, to be known as sections 210.950, 568.030, 568.045 and 568.050, to read as follows:
210.950. 1. This section shall be known and may be cited as the "Safe Place for Newborns Act of 2002". The purpose of this section is to protect newborn children from injury and death caused by abandonment by a parent, and to provide safe and secure alternatives to such abandonment.
2. As used in this section, the following terms mean:
(1) "Nonrelinquishing parent", the biological parent who does not leave a newborn infant with any person listed in subsection 3 of this section in accordance with this section;
(2) "Relinquishing parent", the biological parent or person acting on such parent's behalf who leaves a newborn infant with any person listed in subsection 3 of this section in accordance with this section.
3. In any prosecution of a parent for a violation of section 568.030, 568.045 or 568.050, RSMo, relating to the parent's child, it shall be an affirmative defense that:
(1) Expressing intent not to return for the child, the parent voluntarily delivered the child safely to the physical custody of any of the following persons:
(a) An employee, agent or member of the staff of any twenty-four-hour medical facility licensed pursuant to chapter 197, RSMo, on duty in a paid or volunteer position;
(b) A firefighter or emergency medical technician on duty in a paid or volunteer position;
(c) A law enforcement officer on duty;
(d) A member of the clergy;
(e) An employee of the division of family services; or
(f) An employee of the division of youth services;
(2) The child was no more than thirty days old when delivered by the parent to any person listed in subdivision (1) of this subsection; and
(3) The child was not abused or neglected by the parent.
4. A person listed in subdivision (1) of subsection 2 of this section shall, without a court order, take physical custody of a child the person reasonably believes to be no more than thirty days old and is delivered in accordance with this section by a person purporting to be the child's parent. If delivery of a newborn is made pursuant to this section in any place other than a twenty-four-hour medical facility licensed pursuant to chapter 197, RSMo, the person taking physical custody of the child shall arrange for the immediate transportation of the child to the nearest twenty-four-hour medical facility licensed pursuant to chapter 197, RSMo.
5. The twenty-four-hour medical facility, its employees, agents and medical staff shall perform any act necessary, in accordance with generally accepted standards of professional practice, to protect the physical health or safety of the child. The twenty-four-hour medical facility shall notify the division of family services upon receipt of a child pursuant to this section and shall notify the local juvenile officer at such time as the child is medically ready for discharge and the local juvenile officer shall begin protective custody proceedings. Upon receipt of the protective custody order, the division of family services shall take physical custody of the child within six hours. The parent's voluntary delivery of the child in accordance with this section shall constitute the parent's implied consent to any such act and a voluntary relinquishment of such parent's parental rights.
6. In any termination of parental rights proceeding initiated after the relinquishment of a child pursuant to this section, the court shall make public notice that a child has been relinquished, including the sex of the child, and the date and location of such relinquishment. Within thirty days, the nonrelinquishing parent shall identify himself or herself to the court and state his or her intentions regarding the child. The court shall initiate proceedings to establish paternity.
7. (1) If a relinquishing parent of a child relinquishes custody of the child to any person listed in subsection 3 of this section in accordance with this section, the nonrelinquishing parent may file an action for custody of the child. The nonrelinquishing parent shall file such action, pursuant to the procedures in section 453.030, RSMo, within thirty days after any person listed in subsection 3 of this section accepts custody of the child from the relinquishing parent. In such action, the nonrelinquishing parent shall prove that he or she is the parent of the child.
(2) If a nonrelinquishing parent fails to file an action within the thirty-day period specified in subdivision (1) of this subsection, the nonrelinquishing parent shall be forever barred from filing an action for custody of the child and, by operation of law and without any court proceeding, shall have all of his or her rights terminated with respect to the child.
(3) When a nonrelinquishing parent inquires at a twenty-four-hour medical facility regarding a child whose custody was relinquished pursuant to this section, such facility shall refer the nonrelinquishing parent to the division of family services.
8. The twenty-four-hour medical facility and the persons listed in subdivision (1) of subsection 3 of this section shall be immune from civil, criminal and administrative liability for discharging in good faith the duties provided for in this section.
9. The division of family services shall:
(1) On the statewide toll-free telephone number maintained pursuant to section 191.975, RSMo, provide information and answer questions concerning the process established by this section; and
(2) Provide information to the public through general public service announcements or by other means to deliver information concerning the process established by this section.
10. Nothing in this section shall be construed as conflicting with section 210.125.
568.030. 1. A person commits the crime of abandonment of a child in the first degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than four years old, he leaves the child in any place with purpose wholly to abandon it, under circumstances which are likely to result in serious physical injury or death.
2. It shall be an affirmative defense to prosecution pursuant to this section that the defendant voluntarily delivered the child pursuant to section 210.950, RSMo.
3. Abandonment of a child in the first degree is a class B felony.
568.045. 1. A person commits the crime of endangering the welfare of a child in the first degree if:
(1) The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old; or
(2) The person knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody;
(3) The person knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 195, RSMo;
(4) Such person enlists the aid, either through payment or coercion, of a person less than seventeen years of age to unlawfully manufacture, compound, produce, prepare, sell, transport, test or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any material used to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues; or
(5) Such person, in the presence of a person less than seventeen years of age, unlawfully manufactures, compounds, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.
2. It shall be an affirmative defense to prosecution pursuant to this section that the defendant voluntarily delivered the child pursuant to section 210.950, RSMo.
3. Endangering the welfare of a child in the first degree is a class D felony unless the offense is committed as part of a ritual or ceremony, or except on a second or subsequent offense, in which case the crime is a class C felony.
568.050. 1. A person commits the crime of endangering the welfare of a child in the second degree if:
(1) [He] Such person with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years old; or
(2) [He] Such person knowingly encourages, aids or causes a child less than seventeen years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031, RSMo; or
(3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years old, [he] such person recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031, RSMo; or
(4) [He] Such person knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 195.130, RSMo.
2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that [he] the child is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.
3. It shall be an affirmative defense to prosecution pursuant to this section that the defendant voluntarily delivered the child pursuant to section 210.950, RSMo.
4. Endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as
part of a ritual or ceremony, in which case the crime is a class D felony.
Missouri House of Representatives