Senate Bill 2080

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    Florida Senate - 2000                                  SB 2080

    By Senator Grant





    13-1306-00

  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, who are abandoned at such hospitals;

  6         providing for anonymity of such infants'

  7         parents; amending s. 63.167, F.S.; providing

  8         duties of the state adoption information center

  9         with respect to maintaining a list of

10         child-placing agencies with which abandoned

11         newborns may be placed; creating s. 63.0423,

12         F.S.; prescribing powers of child-placing

13         agencies with respect to custody and placement

14         of abandoned newborns; creating s. 409.163,

15         F.S.; providing duties of the Department of

16         Children and Family Services with respect to

17         abandoned newborns; creating s. 827.035, F.S.;

18         providing that it is an affirmative defense to

19         certain child-abuse charges that the parent of

20         a newborn infant arranged its placement under

21         this act; providing an effective date.

22

23         WHEREAS, in this state and in the nation, infants have

24  suffered and died as the result of abandonment in

25  life-threatening situations, and

26         WHEREAS, the parents of newborn infants are under

27  severe emotional stress, and

28         WHEREAS, anonymity, confidentiality, and freedom from

29  prosecution for parents may encourage them to leave an infant

30  safely and save the infant's life, NOW, THEREFORE,

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    Florida Senate - 2000                                  SB 2080
    13-1306-00




  1  Be It Enacted by the Legislature of the State of Florida:

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  3         Section 1.  Section 383.50, Florida Statutes, is

  4  created to read:

  5         383.50  Treatment of abandoned newborn infant.--

  6         (1)  As used in this section, the term "newborn infant"

  7  means a child that a hospital or physician reasonably believes

  8  to be approximately 3 days old or younger.

  9         (2)  Each hospital of this state that offers emergency

10  services shall admit, and any other hospital may admit, and

11  provide all necessary medical care, diagnostic tests, and

12  medical treatment to any newborn infant left with the hospital

13  when the identity of the parents is unknown. The physician

14  shall consider these actions as implied consent for treatment,

15  and a hospital accepting physical custody of a newborn infant

16  has implied consent to perform any and all appropriate medical

17  treatment. Any person performing medical care, diagnostic

18  testing, or medical treatment is immune from criminal or civil

19  liability for having performed the act. Nothing in this

20  subsection limits liability for negligence.

21         (3)  Any parent who leaves a newborn infant at a

22  hospital, or brings a newborn infant to an emergency room and

23  expresses an intent to leave the infant and not return, has

24  the absolute right to remain anonymous and to leave at any

25  time and may not be pursued or followed.

26         (4)  Upon admitting a newborn infant under this

27  section, the physician or hospital administrator shall

28  immediately contact the emergency infant-adoption line at the

29  adoption-information center to obtain the name of the first

30  three child-placing agencies eligible to receive the newborn

31  infant in the order of eligibility. The hospital shall notify

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    Florida Senate - 2000                                  SB 2080
    13-1306-00




  1  the child-placing agency that a newborn infant has been left

  2  with the hospital and approximately when the child-placing

  3  agency can take physical custody of the child. If the first

  4  child-placing agency refuses to take custody of the child, the

  5  hospital shall contact at least the next two child-placing

  6  agencies on the list of eligible agencies. If none of the

  7  contacted agencies will take custody of the child, the

  8  hospital shall notify the Department of Children and Family

  9  Services.

10         (5)  Each hospital taking custody of a child under this

11  section shall make available materials to gather health and

12  medical information concerning the newborn infant and the

13  parents. The materials must be offered to the person leaving

14  the newborn infant, and it must be clearly stated that

15  acceptance is completely voluntary and that completion of the

16  materials may be done anonymously.

17         Section 2.  Paragraph (f) is added to subsection (2) of

18  section 63.167, Florida Statutes, to read:

19         63.167  State adoption information center.--

20         (2)  The functions of the state adoption information

21  center shall include:

22         (f)  Maintaining a list of agencies eligible and

23  willing to take custody of and place newborn infants left at a

24  hospital, pursuant to s. 383.50. The names and contact

25  information for the child-placing agencies on the list shall

26  be provided on a rotating basis, with each hospital seeking

27  names from the list to be given the names of the top three

28  child-placing agencies in the order of priority.

29         Section 3.  Section 63.0423, Florida Statutes, is

30  created to read:

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    Florida Senate - 2000                                  SB 2080
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  1         63.0423  Procedures with respect to abandoned

  2  newborns.--

  3         (1)  Upon notice from any hospital staff that a newborn

  4  infant has been turned over to a hospital pursuant to s.

  5  383.50, a child-placing agency accepting the newborn infant

  6  shall assume responsibility for all medical costs and shall

  7  immediately seek an order for emergency custody of the infant.

  8         (2)  The emergency-custody order shall remain in effect

  9  until a final order based on the newborn infant's best

10  interest is issued in accordance with this chapter.

11         (3)  A child-protective investigation or criminal

12  investigation shall not be initiated solely because a newborn

13  infant is left at a hospital pursuant to s. 383.50 unless a

14  claim of parental rights is made and the court orders the

15  investigation conducted in accordance with subsection (7).

16         (4)  Upon the newborn infant's release from the

17  hospital, the child-placing agency shall, when possible, place

18  the newborn infant in a prospective adoptive home.

19         (5)  During the initial 30 days of placement, the

20  child-placing agency shall request assistance from law

21  enforcement officials to investigate through the Missing Child

22  Information Center and other national and state resources to

23  ensure that the newborn infant is not a missing child.

24         (6)  As soon as practicable following the 30-day

25  placement period, the child-placing agency shall file a

26  petition in circuit court seeking the involuntary termination

27  of parental rights of the unknown parents of the newborn

28  infant and authority to place the newborn infant for adoption

29  in accordance with this chapter.

30         (7)  If a claim of parental rights is made before the

31  filing of the petition or before the adoption hearing, the

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    Florida Senate - 2000                                  SB 2080
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  1  circuit court may hold the action for involuntary termination

  2  of parental rights and adoption in abeyance for a period of

  3  time not to exceed 60 days. During that period:

  4         (a)  The district court shall order genetic testing to

  5  establish maternity or paternity at the expense of the

  6  claimant;

  7         (b)  The Department of Children and Family Services

  8  shall conduct a child-protective investigation and home

  9  evaluation to develop recommendations for the circuit court;

10         (c)  When indicated as a result of the investigation

11  and home evaluation, a shelter hearing in accordance with

12  chapter 39 shall be conducted in circuit court on the

13  emergency-custody order within 10 days after the assertion of

14  parental rights;

15         (d)  Further proceedings under chapter 39 as the court

16  determines appropriate shall be conducted; however, a newborn

17  infant that has been placed in accordance with this section

18  may not be found to be a neglected or abandoned child solely

19  because the newborn infant has been left at a hospital

20  pursuant to s. 383.50.

21         Section 4.  Section 409.163, Florida Statutes, is

22  created to read:

23         409.163  Department; duties with respect to abandoned

24  newborns.--

25         (1)  The Department of Children and Family Services

26  shall make available to hospitals standardized health,

27  medical, and background information forms for use in gathering

28  voluntary, nonidentifying information from a person who places

29  a newborn infant in accordance with s. 383.50. The materials

30  must clearly state that the information requested is designed

31  to facilitate care for the newborn infant. The materials must

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    Florida Senate - 2000                                  SB 2080
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  1  include information on family services, termination of

  2  parental rights, and adoption. The material must also include:

  3         (a)  Information on the importance of medical and

  4  health information regarding the newborn infant; and

  5         (b)  Written notification that failure to contact the

  6  Department of Children and Family Services and assert a claim

  7  of parental rights within 30 days after the receipt of the

  8  material shall result in the commencement of proceedings for

  9  involuntary termination of parental rights and placement of

10  the newborn infant for adoption.

11         (2)  The department shall produce a media campaign to

12  promote safe placement alternatives for newborn infants, the

13  confidentiality offered to birth parents, and information

14  regarding adoption procedures.

15         (3)  The department shall provide to all hospitals the

16  number for the emergency infant-adoption line along with the

17  hours the line will be available to provide information

18  concerning child-placing agencies.

19         Section 5.  Section 827.035, Florida Statutes, is

20  created to read:

21         827.035  Affirmative defense.--It is an affirmative

22  defense to any prosecution under this chapter that the parent

23  of a newborn infant placed or arranged for placement of the

24  infant with any hospital in accordance with s. 383.50.

25         Section 6.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                  SB 2080
    13-1306-00




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  2                          SENATE SUMMARY

  3    Provides that a hospital offering emergency services
      shall, and other hospitals may, accept custody of newborn
  4    infants whose parents wish to permanently and anonymously
      abandon their parental rights over such children.
  5    Provides duties of such hospitals, child-placing
      agencies, and the Department of Children and Family
  6    Services. Provides that the fact that a child was
      abandoned in accordance with the act constitutes an
  7    affirmative defense in a criminal action for child abuse.

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