Florida Senate - 2023                              CS for SB 870
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Burton and Garcia
       
       
       
       
       586-02765-23                                           2023870c1
    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; conforming provisions to changes made
   20         by the act; authorizing a parent to surrender a
   21         newborn infant by calling 911 and requesting an
   22         emergency medical services provider to meet at a
   23         specified location to retrieve the newborn infant;
   24         requiring the parent to stay with the newborn infant
   25         until the emergency medical services provider arrives;
   26         amending s. 63.0423, F.S.; conforming a cross
   27         reference; making conforming changes; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 383.50, Florida Statutes, is amended to
   33  read:
   34         383.50 Treatment of surrendered newborn infant.—
   35         (1) As used in this section, the term:
   36         (a) “Newborn infant” means a child who a licensed physician
   37  reasonably believes is approximately 30 7 days old or younger at
   38  the time the child is surrendered under this section left at a
   39  hospital, emergency medical services station, or fire station.
   40         (b)“Newborn infant safety device” means a device that is
   41  installed in a supporting wall of a hospital, an emergency
   42  medical services station, or a fire station and that has an
   43  exterior point of access allowing an individual to place a
   44  newborn infant inside and an interior point of access allowing
   45  individuals inside the building to safely retrieve the newborn
   46  infant.
   47         (2) There is a presumption that the parent who leaves the
   48  newborn infant in accordance with this section intended to leave
   49  the newborn infant and consented to termination of parental
   50  rights.
   51         (3)(a)A hospital, an emergency medical services station,
   52  or a fire station that is staffed 24 hours per day may use a
   53  newborn infant safety device to accept surrendered newborn
   54  infants under this section if the device is:
   55         1.Physically part of the hospital, emergency medical
   56  services station, or fire station.
   57         2.Temperature-controlled and ventilated for the safety of
   58  newborns.
   59         3.Equipped with a dual alarm system connected to the
   60  physical location of the device which automatically triggers an
   61  alarm inside the building when a newborn infant is placed in the
   62  device.
   63         4.Equipped with a surveillance system that allows
   64  employees of the hospital, emergency medical services station,
   65  or fire station to monitor the inside of the device 24 hours per
   66  day.
   67         5.Located such that the interior point of access is in an
   68  area that is conspicuous and visible to the employees of the
   69  hospital, emergency medical services station, or fire station.
   70         (b)A hospital, an emergency medical services station, or a
   71  fire station that uses a newborn infant safety device to accept
   72  surrendered newborn infants shall use the device’s surveillance
   73  system to monitor the inside of the newborn infant safety device
   74  24 hours per day and shall physically check the device at least
   75  twice daily and test the device at least weekly to ensure that
   76  the alarm system is in working order. A fire station that is
   77  staffed 24 hours per day except when all firefighter first
   78  responders are dispatched from the fire station for an emergency
   79  must use the dual alarm system of the newborn infant safety
   80  device to immediately dispatch the nearest first responder to
   81  retrieve any newborn infant left in the newborn infant safety
   82  device.
   83         (4)(3) Each emergency medical services station or fire
   84  station that is staffed with full-time firefighters, emergency
   85  medical technicians, or paramedics shall accept any newborn
   86  infant left with a firefighter, an emergency medical technician,
   87  or a paramedic or in a newborn infant safety device. The
   88  firefighter, emergency medical technician, or paramedic shall
   89  consider these actions as implied consent to and shall:
   90         (a) Provide emergency medical services to the newborn
   91  infant to the extent that he or she is trained to provide those
   92  services, and
   93         (b) Arrange for the immediate transportation of the newborn
   94  infant to the nearest hospital having emergency services.
   95  
   96  A licensee as defined in s. 401.23, a fire department, or an
   97  employee or agent of a licensee or fire department may treat and
   98  transport a newborn infant pursuant to this section. If a
   99  newborn infant is placed in the physical custody of an employee
  100  or agent of a licensee or fire department or is placed in a
  101  newborn infant safety device, such placement is shall be
  102  considered implied consent for treatment and transport. A
  103  licensee, a fire department, or an employee or agent of a
  104  licensee or fire department is immune from criminal or civil
  105  liability for acting in good faith pursuant to this section.
  106  Nothing in this subsection limits liability for negligence.
  107         (5)(a)A newborn infant may be left with medical staff or a
  108  licensed health care professional after the delivery of the
  109  newborn infant in a hospital if the parent of the newborn infant
  110  notifies medical staff or a licensed health care professional
  111  that the parent is voluntarily surrendering the infant and does
  112  not intend to return.
  113         (b)(4) Each hospital of this state subject to s. 395.1041
  114  shall, and any other hospital may, admit and provide all
  115  necessary emergency services and care, as defined in s.
  116  395.002(9), to any newborn infant left with the hospital in
  117  accordance with this section. The hospital or any of its
  118  licensed health care professionals shall consider these actions
  119  as implied consent for treatment, and a hospital accepting
  120  physical custody of a newborn infant has implied consent to
  121  perform all necessary emergency services and care. The hospital
  122  or any of its licensed health care professionals is immune from
  123  criminal or civil liability for acting in good faith in
  124  accordance with this section. Nothing in this subsection limits
  125  liability for negligence. 
  126         (6)(5) Except when there is actual or suspected child abuse
  127  or neglect, any parent who leaves a newborn infant in accordance
  128  with this section with a firefighter, emergency medical
  129  technician, or paramedic at a fire station or emergency medical
  130  services station, or brings a newborn infant to an emergency
  131  room of a hospital and expresses an intent to leave the newborn
  132  infant and not return, has the absolute right to remain
  133  anonymous and to leave at any time and may not be pursued or
  134  followed unless the parent seeks to reclaim the newborn infant.
  135  When an infant is born in a hospital and the mother expresses
  136  intent to leave the infant and not return, upon the mother’s
  137  request, the hospital or registrar must shall complete the
  138  infant’s birth certificate without naming the mother thereon.
  139         (7)(6) A parent of a newborn infant surrendered left at a
  140  hospital, emergency medical services station, or fire station
  141  under this section may claim his or her newborn infant up until
  142  the court enters a judgment terminating his or her parental
  143  rights. A claim to the newborn infant must be made to the entity
  144  having physical or legal custody of the newborn infant or to the
  145  circuit court before whom proceedings involving the newborn
  146  infant are pending.
  147         (8)(7) Upon admitting a newborn infant under this section,
  148  the hospital shall immediately contact a local licensed child
  149  placing agency or alternatively contact the statewide central
  150  abuse hotline for the name of a licensed child-placing agency
  151  for purposes of transferring physical custody of the newborn
  152  infant. The hospital shall notify the licensed child-placing
  153  agency that a newborn infant has been left with the hospital and
  154  approximately when the licensed child-placing agency can take
  155  physical custody of the child. In cases where there is actual or
  156  suspected child abuse or neglect, the hospital or any of its
  157  licensed health care professionals shall report the actual or
  158  suspected child abuse or neglect in accordance with ss. 39.201
  159  and 395.1023 in lieu of contacting a licensed child-placing
  160  agency.
  161         (9)(8) Any newborn infant admitted to a hospital in
  162  accordance with this section is presumed eligible for coverage
  163  under Medicaid, subject to federal rules.
  164         (10)(9) A newborn infant surrendered left at a hospital,
  165  emergency medical services station, or fire station in
  166  accordance with this section is shall not be deemed abandoned or
  167  and subject to reporting and investigation requirements under s.
  168  39.201 unless there is actual or suspected child abuse or until
  169  the Department of Health takes physical custody of the child.
  170         (11)If the parent of a newborn infant is otherwise unable
  171  to surrender the newborn infant in accordance with this section,
  172  the parent may dial 911 to request that an emergency medical
  173  services provider meet the surrendering parent at a specified
  174  location. The surrendering parent must stay with the newborn
  175  infant until the emergency medical services provider arrives to
  176  take custody of the newborn infant.
  177         (12)(10) A criminal investigation may shall not be
  178  initiated solely because a newborn infant is surrendered left at
  179  a hospital under this section unless there is actual or
  180  suspected child abuse or neglect.
  181         Section 2. Subsections (1), (4), (7), (9), and (10) of
  182  section 63.0423, Florida Statutes, are amended to read:
  183         63.0423 Procedures with respect to surrendered infants.—
  184         (1) Upon entry of final judgment terminating parental
  185  rights, a licensed child-placing agency that takes physical
  186  custody of an infant surrendered at a hospital, emergency
  187  medical services station, or fire station pursuant to s. 383.50
  188  assumes responsibility for the medical and other costs
  189  associated with the emergency services and care of the
  190  surrendered infant from the time the licensed child-placing
  191  agency takes physical custody of the surrendered infant.
  192         (4) The parent who surrenders the infant in accordance with
  193  s. 383.50 is presumed to have consented to termination of
  194  parental rights, and express consent is not required. Except
  195  when there is actual or suspected child abuse or neglect, the
  196  licensed child-placing agency may shall not attempt to pursue,
  197  search for, or notify that parent as provided in s. 63.088 and
  198  chapter 49. For purposes of s. 383.50 and this section, an
  199  infant who tests positive for illegal drugs, narcotic
  200  prescription drugs, alcohol, or other substances, but shows no
  201  other signs of child abuse or neglect, shall be placed in the
  202  custody of a licensed child-placing agency. Such a placement
  203  does not eliminate the reporting requirement under s. 383.50(8)
  204  s. 383.50(7). When the department is contacted regarding an
  205  infant properly surrendered under this section and s. 383.50,
  206  the department shall provide instruction to contact a licensed
  207  child-placing agency and may not take custody of the infant
  208  unless reasonable efforts to contact a licensed child-placing
  209  agency to accept the infant have not been successful.
  210         (7) If a claim of parental rights of a surrendered infant
  211  is made before the judgment to terminate parental rights is
  212  entered, the circuit court may hold the action for termination
  213  of parental rights in abeyance for a period of time not to
  214  exceed 60 days.
  215         (a) The court may order scientific testing to determine
  216  maternity or paternity at the expense of the parent claiming
  217  parental rights.
  218         (b) The court shall appoint a guardian ad litem for the
  219  surrendered infant and order any whatever investigation, home
  220  evaluation, or and psychological evaluation are necessary to
  221  determine what is in the best interests of the surrendered
  222  infant.
  223         (c) The court may not terminate parental rights solely on
  224  the basis that the parent surrendered left the infant at a
  225  hospital, emergency medical services station, or fire station in
  226  accordance with s. 383.50.
  227         (d) The court shall enter a judgment with written findings
  228  of fact and conclusions of law.
  229         (9)(a) A judgment terminating parental rights to a
  230  surrendered infant pending adoption is voidable, and any later
  231  judgment of adoption of that child minor is voidable, if, upon
  232  the motion of a parent, the court finds that a person knowingly
  233  gave false information that prevented the parent from timely
  234  making known his or her desire to assume parental
  235  responsibilities toward the child minor or from exercising his
  236  or her parental rights. A motion under this subsection must be
  237  filed with the court originally entering the judgment. The
  238  motion must be filed within a reasonable time but not later than
  239  1 year after the entry of the judgment terminating parental
  240  rights.
  241         (b) No later than 30 days after the filing of a motion
  242  under this subsection, the court shall conduct a preliminary
  243  hearing to determine what contact, if any, will be allowed
  244  permitted between a parent and the child pending resolution of
  245  the motion. Such contact may be allowed only if it is requested
  246  by a parent who has appeared at the hearing and the court
  247  determines that it is in the best interests of the child. If the
  248  court orders contact between a parent and the child, the order
  249  must be issued in writing as expeditiously as possible and must
  250  state with specificity any provisions regarding contact with
  251  persons other than those with whom the child resides.
  252         (c) The court may not order scientific testing to determine
  253  the paternity or maternity of the child minor until such time as
  254  the court determines that a previously entered judgment
  255  terminating the parental rights of that parent is voidable
  256  pursuant to paragraph (a), unless all parties agree that such
  257  testing is in the best interests of the child. Upon the filing
  258  of test results establishing that person’s maternity or
  259  paternity of the surrendered infant, the court may order
  260  visitation only if it appears to be in the best interests of the
  261  child.
  262         (d) Within 45 days after the preliminary hearing, the court
  263  shall conduct a final hearing on the motion to set aside the
  264  judgment and shall enter its written order as expeditiously as
  265  possible thereafter.
  266         (10) Except to the extent expressly provided in this
  267  section, proceedings initiated by a licensed child-placing
  268  agency for the termination of parental rights and subsequent
  269  adoption of a newborn infant surrendered left at a hospital,
  270  emergency medical services station, or fire station in
  271  accordance with s. 383.50 shall be conducted pursuant to this
  272  chapter.
  273         Section 3. This act shall take effect July 1, 2023.