SECOND REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1443
91ST GENERAL ASSEMBLY
Taken up for Perfection April 8, 2002. House Committee Substitute for House Bill No. 1443 ordered Perfected and printed.
TED WEDEL, Chief Clerk
AN ACT
To amend chapter 210, RSMo, by adding thereto one new section relating to the Safe Place for Newborns Act.
Section A. Chapter 210, RSMo, is amended by adding thereto one new section, to be known as section 210.950, 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. A parent shall be immune from prosecution for a violation of section 568.030, 568.045 or 568.050, RSMo, for actions related to the voluntary relinquishment of a child pursuant to this section if:
(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, in a health care provider position or on duty in a nonmedical paid or volunteer position;
(b) A firefighter or emergency medical technician on duty in a paid position or on duty in a volunteer position;
(c) A law enforcement officer; or
(d) A duly ordained ministry or clergy of a well-recognized church or religious denomination;
(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 has not been abused or neglected by the parent prior to such voluntary delivery.
4. A person listed in subdivision (1) of subsection 3 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 and the local juvenile officer upon receipt of a child pursuant to this section. The local juvenile officer shall immediately begin protective custody proceedings and request the child be made a ward of the court during the child's stay in the medical facility. Upon discharge of the child from the medical facility and pursuant to a protective custody order ordering custody of the child to the division, the division of family services shall take physical custody of the child. 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 juvenile officer 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 of such public notice, 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. The juvenile officer shall make examination of the putative father registry established in section 192.016, RSMo, to determine whether attempts have previously been made to preserve parental rights to the child. If such attempts have been made, the juvenile officer shall make reasonable efforts to provide notice of the abandonment of the child to such putative father.
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 and to preserve the parental rights of the nonrelinquishing parent, the nonrelinquishing parent shall take such steps necessary to establish parentage within thirty days after the public notice or specific notice provided in subsection 6 of this section.
(2) If a nonrelinquishing parent fails to take steps to establish parentage within the thirty-day period specified in subdivision (1) of this subsection, the nonrelinquishing parent may 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 and the juvenile court exercising jurisdiction over the child.
8. The persons listed in subdivision (1) of subsection 3 of this section shall be immune from civil, criminal, and administrative liability for accepting physical custody of a child pursuant to this section if such persons accept custody in good faith. Such immunity shall not extend to any acts or omissions, including negligent or intentional acts or omissions, occurring after the acceptance of such child.
9. The division of family services shall work with the children's trust fund board, subject to approval by the board, or other child advocacy groups, community groups, and health organizations to provide information to the public through pamphlets, brochures, 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.
Missouri House of Representatives