House Bill 1901
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Florida House of Representatives - 2000 HB 1901
By Representative Murman
1 A bill to be entitled
2 An act relating to child protection; creating
3 s. 383.50, F.S.; prescribing duties of
4 hospitals with respect to newborn infants, as
5 defined in the act, who are abandoned at such
6 hospitals; providing for anonymity of such
7 infants' parents; providing certain immunity
8 from liability; amending s. 63.167, F.S.;
9 providing duties of the state adoption
10 information center with respect to maintaining
11 a list of child-placing agencies with which
12 abandoned newborns may be placed; creating s.
13 63.0423, F.S.; prescribing procedures of
14 child-placing agencies, the courts, and the
15 Department of Children and Family Services with
16 respect to custody and placement of abandoned
17 newborns; creating s. 409.163, F.S.; providing
18 duties of the department to provide certain
19 forms and information with respect to abandoned
20 newborns and placement alternatives; creating
21 s. 827.035, F.S.; providing that it is an
22 affirmative defense to certain child abuse
23 charges that the parent of a newborn infant
24 arranged its placement under this act;
25 providing an effective date.
26
27 WHEREAS, in this state and in the nation, infants have
28 suffered and died as the result of abandonment in
29 life-threatening situations, and
30 WHEREAS, some parents of newborn infants are under
31 severe emotional stress, and
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1 WHEREAS, anonymity, confidentiality, and freedom from
2 prosecution for such parents may encourage them to leave an
3 infant safely and save the infant's life, NOW, THEREFORE,
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 383.50, Florida Statutes, is
8 created to read:
9 383.50 Treatment of abandoned newborn infants.--
10 (1) As used in this section, the term "newborn infant"
11 means a child that a hospital or physician reasonably believes
12 to be approximately 3 days old or younger.
13 (2) Each hospital of this state that offers emergency
14 services shall admit, and any other hospital may admit, and
15 provide all necessary medical care, diagnostic tests, and
16 medical treatment to any newborn infant left with the hospital
17 when the identity of the parents is unknown. The physician
18 shall consider these actions as implied consent for treatment,
19 and a hospital accepting physical custody of a newborn infant
20 has implied consent to perform any and all appropriate medical
21 treatment. Any person performing medical care, diagnostic
22 testing, or medical treatment is immune from criminal or civil
23 liability for having performed the act. Nothing in this
24 subsection limits liability for negligence.
25 (3) Any parent who leaves a newborn infant at a
26 hospital, or brings a newborn infant to an emergency room and
27 expresses an intent to leave the infant and not return, has
28 the absolute right to remain anonymous and to leave at any
29 time and may not be pursued or followed.
30 (4) Upon admitting a newborn infant under this
31 section, the physician or hospital administrator shall
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1 immediately contact the emergency infant-adoption line at the
2 state adoption information center to obtain the names of the
3 first three child-placing agencies eligible to receive the
4 newborn infant in the order of eligibility. The hospital shall
5 notify the child-placing agency that a newborn infant has been
6 left with the hospital and approximately when the
7 child-placing agency can take physical custody of the child.
8 If the first child-placing agency refuses to take custody of
9 the child, the hospital shall contact at least the next two
10 child-placing agencies on the list of eligible agencies. If
11 none of the contacted agencies will take custody of the child,
12 the hospital shall notify the Department of Children and
13 Family Services.
14 (5) Each hospital taking custody of a child under this
15 section shall make available materials to gather health and
16 medical information concerning the newborn infant and the
17 parents. The materials must be offered to the person leaving
18 the newborn infant, and it must be clearly stated that
19 acceptance is completely voluntary and that completion of the
20 materials may be done anonymously.
21 Section 2. Paragraph (f) is added to subsection (2) of
22 section 63.167, Florida Statutes, to read:
23 63.167 State adoption information center.--
24 (2) The functions of the state adoption information
25 center shall include:
26 (f) Maintaining a list of agencies eligible and
27 willing to take custody of and place newborn infants left at a
28 hospital, pursuant to s. 383.50. The names and contact
29 information for the child-placing agencies on the list shall
30 be provided on a rotating basis, with each hospital seeking
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1 names from the list to be given the names of the top three
2 child-placing agencies in the order of priority.
3 Section 3. Section 63.0423, Florida Statutes, is
4 created to read:
5 63.0423 Procedures with respect to abandoned
6 newborns.--
7 (1) Upon notice from any hospital staff that a newborn
8 infant has been left with the hospital pursuant to s. 383.50,
9 a child-placing agency accepting the newborn infant shall
10 assume responsibility for all medical costs and shall
11 immediately seek an order for emergency custody of the infant.
12 (2) The emergency custody order shall remain in effect
13 until a final order based on the newborn infant's best
14 interest is issued in accordance with this chapter.
15 (3) A child protective investigation or criminal
16 investigation shall not be initiated solely because a newborn
17 infant is left with a hospital pursuant to s. 383.50 unless a
18 claim of parental rights is made and the court orders the
19 investigation conducted in accordance with subsection (7).
20 (4) Upon the newborn infant's release from the
21 hospital, the child-placing agency shall, when possible, place
22 the newborn infant in a prospective adoptive home.
23 (5) During the initial 30 days of placement, the
24 child-placing agency shall request assistance from law
25 enforcement officials to investigate through the Missing
26 Children Information Clearinghouse and other state and
27 national resources to ensure that the newborn infant is not a
28 missing child.
29 (6) As soon as practicable following the initial
30 30-day placement period, the child-placing agency shall file a
31 petition in circuit court seeking the involuntary termination
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1 of parental rights of the unknown parents of the newborn
2 infant and authority to place the newborn infant for adoption
3 in accordance with this chapter.
4 (7) If a claim of parental rights is made before the
5 filing of the petition or before the adoption hearing, the
6 circuit court may hold the action for involuntary termination
7 of parental rights and adoption in abeyance for a period of
8 time not to exceed 60 days. During that period:
9 (a) The district court shall order genetic testing to
10 establish maternity or paternity, at the expense of the
11 claimant.
12 (b) The department shall conduct a child protective
13 investigation and home evaluation to develop recommendations
14 for the circuit court.
15 (c) When indicated as a result of the investigation
16 and home evaluation, a shelter hearing in accordance with
17 chapter 39 shall be conducted in circuit court on the
18 emergency custody order within 10 days after the assertion of
19 parental rights.
20 (d) Further proceedings under chapter 39 shall be
21 conducted as the court determines appropriate. However, a
22 newborn infant that has been placed in accordance with this
23 section may not be found to be a neglected or abandoned child
24 solely because the newborn infant has been left with a
25 hospital pursuant to s. 383.50.
26 Section 4. Section 409.163, Florida Statutes, is
27 created to read:
28 409.163 Duties with respect to abandoned newborns.--
29 (1) The department shall make available to hospitals
30 standardized health, medical, and background information forms
31 for use in gathering voluntary, nonidentifying information
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1 from a person who places a newborn infant in accordance with
2 s. 383.50. The materials must clearly state that the
3 information requested is designed to facilitate care for the
4 newborn infant. The materials must include information on
5 family services, termination of parental rights, and adoption.
6 The material must also include:
7 (a) Information on the importance of medical and
8 health information regarding the newborn infant.
9 (b) Written notification that failure to contact the
10 department and assert a claim of parental rights within 30
11 days after the receipt of the material shall result in the
12 commencement of proceedings for involuntary termination of
13 parental rights and placement of the newborn infant for
14 adoption.
15 (2) The department shall produce a media campaign to
16 promote safe placement alternatives for newborn infants, the
17 confidentiality offered to birth parents, and information
18 regarding adoption procedures.
19 (3) The department shall provide to all hospitals the
20 number for the emergency infant-adoption line at the state
21 adoption information center, along with the hours the line
22 will be available to provide information concerning
23 child-placing agencies.
24 Section 5. Section 827.035, Florida Statutes, is
25 created to read:
26 827.035 Affirmative defense.--It is an affirmative
27 defense to any prosecution under this chapter that the parent
28 of a newborn infant placed or arranged for placement of the
29 infant with any hospital in accordance with s. 383.50.
30 Section 6. This act shall take effect July 1, 2000.
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2 LEGISLATIVE SUMMARY
3
Provides that a hospital offering emergency services
4 shall, and other hospitals may, accept custody of newborn
infants whose parents wish to permanently and anonymously
5 abandon their parental rights over such children.
Provides duties of such hospitals, child-placing
6 agencies, and the Department of Children and Family
Services. Provides that the fact that a child was
7 abandoned in accordance with the act constitutes an
affirmative defense in a criminal action for child abuse.
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