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.