Florida Senate - 2023 SB 870
By Senator Burton
12-01357A-23 2023870__
1 A bill to be entitled
2 An act relating to surrendered newborn infants;
3 amending s. 383.50, F.S.; revising the definition of
4 the term “newborn infant”; defining the term “newborn
5 infant safety device”; authorizing certain hospitals,
6 emergency medical services stations, and fire stations
7 to use newborn infant safety devices to accept
8 surrendered newborn infants if the device meets
9 specified criteria; requiring such hospitals,
10 emergency medical services stations, and fire stations
11 to monitor the inside of the device 24 hours per day
12 and physically check and test the devices at specified
13 intervals; providing additional requirements for
14 certain fire stations using such devices; conforming
15 provisions to changes made by the act; authorizing a
16 parent to leave a newborn infant with medical staff or
17 a licensed health care professional at a hospital
18 after the delivery of the newborn infant under certain
19 circumstances; providing that a parent who leaves a
20 newborn infant in a newborn infant safety device has
21 the right to remain anonymous and not to be pursued or
22 followed, with exceptions; authorizing a parent to
23 surrender a newborn infant by calling 911 and
24 requesting an emergency medical services provider to
25 meet at a specified location to retrieve the newborn
26 infant; requiring the parent to stay with the newborn
27 infant until the emergency medical services provider
28 arrives; providing additional locations to which the
29 prohibition on the initiation of criminal
30 investigations based solely on the surrendering of a
31 newborn infant applies; amending s. 63.0423, F.S.;
32 conforming a cross-reference; making conforming
33 changes; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 383.50, Florida Statutes, is amended to
38 read:
39 383.50 Treatment of surrendered newborn infant.—
40 (1) As used in this section, the term:
41 (a) “Newborn infant” means a child who a licensed physician
42 reasonably believes is approximately 30 7 days old or younger at
43 the time the child is left at a hospital, an emergency medical
44 services station, or a fire station.
45 (b) “Newborn infant safety device” means a device that is
46 installed in a supporting wall of a hospital, an emergency
47 medical services station, or a fire station and that has an
48 exterior point of access allowing an individual to place a
49 newborn infant inside and an interior point of access allowing
50 individuals inside the building to safely retrieve the newborn
51 infant.
52 (2) There is a presumption that the parent who leaves the
53 newborn infant in accordance with this section intended to leave
54 the newborn infant and consented to termination of parental
55 rights.
56 (3)(a) A hospital, an emergency medical services station,
57 or a fire station that is staffed 24 hours per day may use a
58 newborn infant safety device to accept surrendered newborn
59 infants under this section if the device is:
60 1. Physically part of the hospital, emergency medical
61 services station, or fire station.
62 2. Temperature-controlled and ventilated for the safety of
63 newborns.
64 3. Equipped with a dual alarm system connected to the
65 physical location of the device which automatically triggers an
66 alarm inside the building when a newborn infant is placed in the
67 device.
68 4. Equipped with a surveillance system that allows
69 employees of the hospital, emergency medical services station,
70 or fire station to monitor the inside of the device 24 hours per
71 day.
72 5. Located such that the interior point of access is in an
73 area that is conspicuous and visible to the employees of the
74 hospital, emergency medical services station, or fire station.
75 (b) A hospital, an emergency medical services station, or a
76 fire station that uses a newborn infant safety device to accept
77 surrendered newborn infants shall use the device’s surveillance
78 system to monitor the inside of the newborn infant safety device
79 24 hours per day and shall physically check the device at least
80 twice daily and test the device at least weekly to ensure that
81 the alarm system is in working order. A fire station that is
82 staffed 24 hours per day except when all firefighter first
83 responders are dispatched from the fire station for an emergency
84 must use the dual alarm system of the newborn infant safety
85 device to immediately dispatch the nearest first responder to
86 retrieve any newborn infant left in the newborn infant safety
87 device.
88 (4)(3) Each emergency medical services station or fire
89 station that is staffed with full-time firefighters, emergency
90 medical technicians, or paramedics shall accept any newborn
91 infant left with a firefighter, an emergency medical technician,
92 or a paramedic or in a newborn infant safety device. The
93 firefighter, emergency medical technician, or paramedic shall
94 consider these actions as implied consent to and shall:
95 (a) Provide emergency medical services to the newborn
96 infant to the extent that he or she is trained to provide those
97 services, and
98 (b) Arrange for the immediate transportation of the newborn
99 infant to the nearest hospital having emergency services.
100
101 A licensee as defined in s. 401.23, a fire department, or an
102 employee or agent of a licensee or fire department may treat and
103 transport a newborn infant pursuant to this section. If a
104 newborn infant is placed in the physical custody of an employee
105 or agent of a licensee or fire department or is placed in a
106 newborn infant safety device, such placement is shall be
107 considered implied consent for treatment and transport. A
108 licensee, a fire department, or an employee or agent of a
109 licensee or fire department is immune from criminal or civil
110 liability for acting in good faith pursuant to this section.
111 Nothing in this subsection limits liability for negligence.
112 (5)(a) A newborn infant may be left with medical staff or a
113 licensed health care professional after the delivery of the
114 newborn infant in a hospital if the parent of the newborn infant
115 notifies medical staff or a licensed health care professional
116 that the parent is voluntarily surrendering the infant and does
117 not intend to return.
118 (b)(4) Each hospital of this state subject to s. 395.1041
119 shall, and any other hospital may, admit and provide all
120 necessary emergency services and care, as defined in s.
121 395.002(9), to any newborn infant left with the hospital in
122 accordance with this section. The hospital or any of its
123 licensed health care professionals shall consider these actions
124 as implied consent for treatment, and a hospital accepting
125 physical custody of a newborn infant has implied consent to
126 perform all necessary emergency services and care. The hospital
127 or any of its licensed health care professionals is immune from
128 criminal or civil liability for acting in good faith in
129 accordance with this section. Nothing in this subsection limits
130 liability for negligence.
131 (6)(5) Except when there is actual or suspected child abuse
132 or neglect, any parent who leaves a newborn infant in a newborn
133 infant safety device or with a firefighter, an emergency medical
134 technician, or a paramedic at a fire station or an emergency
135 medical services station, or brings a newborn infant to an
136 emergency room of a hospital and expresses an intent to leave
137 the newborn infant and not return, has the absolute right to
138 remain anonymous and to leave at any time and may not be pursued
139 or followed unless the parent seeks to reclaim the newborn
140 infant. When an infant is born in a hospital and the mother
141 expresses intent to leave the infant and not return, upon the
142 mother’s request, the hospital or registrar shall complete the
143 infant’s birth certificate without naming the mother thereon.
144 (7)(6) A parent of a newborn infant left at a hospital,
145 emergency medical services station, or fire station under this
146 section may claim his or her newborn infant up until the court
147 enters a judgment terminating his or her parental rights. A
148 claim to the newborn infant must be made to the entity having
149 physical or legal custody of the newborn infant or to the
150 circuit court before whom proceedings involving the newborn
151 infant are pending.
152 (8)(7) Upon admitting a newborn infant under this section,
153 the hospital shall immediately contact a local licensed child
154 placing agency or alternatively contact the statewide central
155 abuse hotline for the name of a licensed child-placing agency
156 for purposes of transferring physical custody of the newborn
157 infant. The hospital shall notify the licensed child-placing
158 agency that a newborn infant has been left with the hospital and
159 approximately when the licensed child-placing agency can take
160 physical custody of the child. In cases where there is actual or
161 suspected child abuse or neglect, the hospital or any of its
162 licensed health care professionals shall report the actual or
163 suspected child abuse or neglect in accordance with ss. 39.201
164 and 395.1023 in lieu of contacting a licensed child-placing
165 agency.
166 (9)(8) Any newborn infant admitted to a hospital in
167 accordance with this section is presumed eligible for coverage
168 under Medicaid, subject to federal rules.
169 (10)(9) A newborn infant left at a hospital, an emergency
170 medical services station, or a fire station in accordance with
171 this section is shall not be deemed abandoned or and subject to
172 reporting and investigation requirements under s. 39.201 unless
173 there is actual or suspected child abuse or until the Department
174 of Health takes physical custody of the child.
175 (11) If the parent of a newborn infant is unable to
176 surrender the newborn infant in accordance with this section,
177 the parent may dial 911 to request that an emergency medical
178 services provider meet the surrendering parent at a specified
179 location. The surrendering parent must stay with the newborn
180 infant until the emergency medical services provider arrives to
181 take custody of the newborn infant.
182 (12)(10) A criminal investigation may shall not be
183 initiated solely because a newborn infant is left at a hospital,
184 an emergency medical services station, or a fire station under
185 this section unless there is actual or suspected child abuse or
186 neglect.
187 Section 2. Section 63.0423, Florida Statutes, is amended to
188 read:
189 63.0423 Procedures with respect to surrendered newborn
190 infants.—
191 (1) Upon entry of final judgment terminating parental
192 rights, a licensed child-placing agency that takes physical
193 custody of a newborn an infant surrendered at a hospital, an
194 emergency medical services station, or a fire station pursuant
195 to s. 383.50 assumes responsibility for the medical and other
196 costs associated with the emergency services and care of the
197 surrendered newborn infant from the time the licensed child
198 placing agency takes physical custody of the surrendered newborn
199 infant.
200 (2) The licensed child-placing agency shall immediately
201 seek an order from the circuit court for emergency custody of
202 the surrendered newborn infant. The emergency custody order
203 shall remain in effect until the court orders preliminary
204 approval of placement of the surrendered newborn infant in the
205 prospective home, at which time the prospective adoptive parents
206 become guardians pending termination of parental rights and
207 finalization of adoption or until the court orders otherwise.
208 The guardianship of the prospective adoptive parents shall
209 remain subject to the right of the licensed child-placing agency
210 to remove the surrendered newborn infant from the placement
211 during the pendency of the proceedings if such removal is deemed
212 by the licensed child-placing agency to be in the best interests
213 of the child. The licensed child-placing agency may immediately
214 seek to place the surrendered newborn infant in a prospective
215 adoptive home.
216 (3) The licensed child-placing agency that takes physical
217 custody of the surrendered newborn infant shall, within 24 hours
218 thereafter, request assistance from law enforcement officials to
219 investigate and determine, through the Missing Children
220 Information Clearinghouse, the National Center for Missing and
221 Exploited Children, and any other national and state resources,
222 whether the surrendered newborn infant is a missing child.
223 (4) The parent who surrenders the newborn infant in
224 accordance with s. 383.50 is presumed to have consented to
225 termination of parental rights, and express consent is not
226 required. Except when there is actual or suspected child abuse
227 or neglect, the licensed child-placing agency may shall not
228 attempt to pursue, search for, or notify that parent as provided
229 in s. 63.088 and chapter 49. For purposes of s. 383.50 and this
230 section, a surrendered newborn an infant who tests positive for
231 illegal drugs, narcotic prescription drugs, alcohol, or other
232 substances, but shows no other signs of child abuse or neglect,
233 shall be placed in the custody of a licensed child-placing
234 agency. Such a placement does not eliminate the reporting
235 requirement under s. 383.50(8) s. 383.50(7). When the department
236 is contacted regarding a newborn an infant properly surrendered
237 under this section and s. 383.50, the department shall provide
238 instruction to contact a licensed child-placing agency and may
239 not take custody of the newborn infant unless reasonable efforts
240 to contact a licensed child-placing agency to accept the newborn
241 infant have not been successful.
242 (5) A petition for termination of parental rights under
243 this section may not be filed until 30 days after the date the
244 newborn infant was surrendered in accordance with s. 383.50. A
245 petition for termination of parental rights may not be granted
246 until a parent has failed to reclaim or claim the surrendered
247 newborn infant within the time period specified in s. 383.50.
248 (6) A claim of parental rights of the surrendered newborn
249 infant must be made to the entity having legal custody of the
250 surrendered newborn infant or to the circuit court before which
251 proceedings involving the surrendered newborn infant are
252 pending. A claim of parental rights of the surrendered newborn
253 infant may not be made after the judgment to terminate parental
254 rights is entered, except as otherwise provided by subsection
255 (9).
256 (7) If a claim of parental rights of a surrendered newborn
257 infant is made before the judgment to terminate parental rights
258 is entered, the circuit court may hold the action for
259 termination of parental rights in abeyance for a period of time
260 not to exceed 60 days.
261 (a) The court may order scientific testing to determine
262 maternity or paternity at the expense of the parent claiming
263 parental rights.
264 (b) The court shall appoint a guardian ad litem for the
265 surrendered newborn infant and order whatever investigation,
266 home evaluation, and psychological evaluation are necessary to
267 determine what is in the best interests of the surrendered
268 newborn infant.
269 (c) The court may not terminate parental rights solely on
270 the basis that the parent left the newborn infant at a hospital,
271 an emergency medical services station, or a fire station in
272 accordance with s. 383.50.
273 (d) The court shall enter a judgment with written findings
274 of fact and conclusions of law.
275 (8) Within 7 business days after recording the judgment,
276 the clerk of the court shall mail a copy of the judgment to the
277 department, the petitioner, and any person whose consent was
278 required, if known. The clerk shall execute a certificate of
279 each mailing.
280 (9)(a) A judgment terminating parental rights of a
281 surrendered newborn infant pending adoption is voidable, and any
282 later judgment of adoption of that child minor is voidable, if,
283 upon the motion of a parent, the court finds that a person
284 knowingly gave false information that prevented the parent from
285 timely making known his or her desire to assume parental
286 responsibilities toward the child minor or from exercising his
287 or her parental rights. A motion under this subsection must be
288 filed with the court originally entering the judgment. The
289 motion must be filed within a reasonable time but not later than
290 1 year after the entry of the judgment terminating parental
291 rights.
292 (b) No later than 30 days after the filing of a motion
293 under this subsection, the court shall conduct a preliminary
294 hearing to determine what contact, if any, will be allowed
295 permitted between a parent and the child pending resolution of
296 the motion. Such contact may be allowed only if it is requested
297 by a parent who has appeared at the hearing and the court
298 determines that it is in the best interests of the child. If the
299 court orders contact between a parent and the child, the order
300 must be issued in writing as expeditiously as possible and must
301 state with specificity any provisions regarding contact with
302 persons other than those with whom the child resides.
303 (c) The court may not order scientific testing to determine
304 the paternity or maternity of the child minor until such time as
305 the court determines that a previously entered judgment
306 terminating the parental rights of that parent is voidable
307 pursuant to paragraph (a), unless all parties agree that such
308 testing is in the best interests of the child. Upon the filing
309 of test results establishing that person’s maternity or
310 paternity of the surrendered newborn infant, the court may order
311 visitation only if it appears to be in the best interests of the
312 child.
313 (d) Within 45 days after the preliminary hearing, the court
314 shall conduct a final hearing on the motion to set aside the
315 judgment and shall enter its written order as expeditiously as
316 possible thereafter.
317 (10) Except to the extent expressly provided in this
318 section, proceedings initiated by a licensed child-placing
319 agency for the termination of parental rights and subsequent
320 adoption of a newborn infant left at a hospital, an emergency
321 medical services station, or a fire station in accordance with
322 s. 383.50 shall be conducted pursuant to this chapter.
323 Section 3. This act shall take effect July 1, 2023.