Florida Senate - 2024 SB 790
By Senator Yarborough
4-00535A-24 2024790__
1 A bill to be entitled
2 An act relating to surrendered infants; amending s.
3 383.50, F.S.; changing the term “newborn infant” to
4 “infant”; increasing the age at which a child is
5 considered an infant; authorizing a parent to leave an
6 infant with medical staff or a licensed health care
7 professional at a hospital after the delivery of the
8 infant, upon the parent giving a certain notification;
9 authorizing a parent to surrender an infant by calling
10 911 to request that an emergency medical services
11 provider meet the surrendering parent at a specified
12 location; requiring the surrendering parent to stay
13 with the infant until the emergency medical services
14 provider arrives to take custody of the infant;
15 amending ss. 39.01, 39.201, 63.0423, 63.167, 383.51,
16 827.035, and 827.10, F.S.; conforming provisions to
17 changes made by the act; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 383.50, Florida Statutes, is amended to
22 read:
23 383.50 Treatment of surrendered newborn infant.—
24 (1) As used in this section, the term “newborn infant”
25 means a child who a licensed physician reasonably believes is
26 approximately 30 7 days old or younger at the time the child is
27 left at a hospital, an emergency medical services station, or a
28 fire station.
29 (2) There is a presumption that the parent who leaves the
30 newborn infant in accordance with this section intended to leave
31 the newborn infant and consented to termination of parental
32 rights.
33 (3) Each emergency medical services station or fire station
34 that is staffed with full-time firefighters, emergency medical
35 technicians, or paramedics shall accept any newborn infant left
36 with a firefighter, an emergency medical technician, or a
37 paramedic. The firefighter, emergency medical technician, or
38 paramedic shall consider these actions as implied consent to and
39 shall:
40 (a) Provide emergency medical services to the newborn
41 infant to the extent that he or she is trained to provide those
42 services;, and
43 (b) Arrange for the immediate transportation of the newborn
44 infant to the nearest hospital having emergency services.
45
46 A licensee as defined in s. 401.23, a fire department, or an
47 employee or agent of a licensee or fire department may treat and
48 transport an a newborn infant pursuant to this section. If an a
49 newborn infant is placed in the physical custody of an employee
50 or agent of a licensee or fire department, such placement is
51 shall be considered implied consent for treatment and transport.
52 A licensee, a fire department, or an employee or agent of a
53 licensee or fire department is immune from criminal or civil
54 liability for acting in good faith pursuant to this section.
55 Nothing in This subsection does not limit limits liability for
56 negligence.
57 (4)(a) After the delivery of an infant in a hospital, a
58 parent of the infant may leave the infant with medical staff or
59 a licensed health care professional at the hospital if the
60 parent notifies such medical staff or licensed health care
61 professional that the parent is voluntarily surrendering the
62 infant and does not intend to return.
63 (b) Each hospital of this state subject to s. 395.1041
64 shall, and any other hospital may, admit and provide all
65 necessary emergency services and care, as defined in s.
66 395.002(9), to any newborn infant left with the hospital in
67 accordance with this section. The hospital or any of its medical
68 staff or licensed health care professionals shall consider these
69 actions as implied consent for treatment, and a hospital
70 accepting physical custody of an a newborn infant has implied
71 consent to perform all necessary emergency services and care.
72 The hospital or any of its medical staff or licensed health care
73 professionals are is immune from criminal or civil liability for
74 acting in good faith in accordance with this section. Nothing in
75 This subsection does not limit limits liability for negligence.
76 (5) Except when there is actual or suspected child abuse or
77 neglect, any parent who leaves an a newborn infant with a
78 firefighter, an emergency medical technician, or a paramedic at
79 a fire station or an emergency medical services station, or
80 brings an a newborn infant to an emergency room of a hospital
81 and expresses an intent to leave the newborn infant and not
82 return, has the absolute right to remain anonymous and to leave
83 at any time and may not be pursued or followed unless the parent
84 seeks to reclaim the newborn infant. When an infant is born in a
85 hospital and the mother expresses intent to leave the infant and
86 not return, upon the mother’s request, the hospital or registrar
87 shall complete the infant’s birth certificate without naming the
88 mother thereon.
89 (6) A parent of an a newborn infant left at a hospital, an
90 emergency medical services station, or a fire station under this
91 section may claim his or her newborn infant up until the court
92 enters a judgment terminating his or her parental rights. A
93 claim to the newborn infant must be made to the entity having
94 physical or legal custody of the newborn infant or to the
95 circuit court before whom proceedings involving the newborn
96 infant are pending.
97 (7) Upon admitting an a newborn infant under this section,
98 the hospital shall immediately contact a local licensed child
99 placing agency or alternatively contact the statewide central
100 abuse hotline for the name of a licensed child-placing agency
101 for purposes of transferring physical custody of the newborn
102 infant. The hospital shall notify the licensed child-placing
103 agency that an a newborn infant has been left with the hospital
104 and approximately when the licensed child-placing agency can
105 take physical custody of the infant child. In cases where there
106 is actual or suspected child abuse or neglect, the hospital or
107 any of its medical staff or licensed health care professionals
108 shall report the actual or suspected child abuse or neglect in
109 accordance with ss. 39.201 and 395.1023 in lieu of contacting a
110 licensed child-placing agency.
111 (8) An Any newborn infant admitted to a hospital in
112 accordance with this section is presumed eligible for coverage
113 under Medicaid, subject to federal rules.
114 (9) An a newborn infant left at a hospital, an emergency
115 medical services station, or a fire station in accordance with
116 this section may shall not be deemed abandoned and subject to
117 reporting and investigation requirements under s. 39.201 unless
118 there is actual or suspected child abuse or until the Department
119 of Health takes physical custody of the infant child.
120 (10) If the parent of an infant is unable to surrender the
121 infant in accordance with this section, the parent may call 911
122 to request that an emergency medical services provider meet the
123 surrendering parent at a specified location. The surrendering
124 parent must stay with the infant until the emergency medical
125 services provider arrives to take custody of the infant.
126 (11) A criminal investigation may shall not be initiated
127 solely because an a newborn infant is surrendered in accordance
128 with left at a hospital under this section unless there is
129 actual or suspected child abuse or neglect.
130 Section 2. Subsection (1) and paragraph (e) of subsection
131 (34) of section 39.01, Florida Statutes, are amended to read:
132 39.01 Definitions.—When used in this chapter, unless the
133 context otherwise requires:
134 (1) “Abandoned” or “abandonment” means a situation in which
135 the parent or legal custodian of a child or, in the absence of a
136 parent or legal custodian, the caregiver, while being able, has
137 made no significant contribution to the child’s care and
138 maintenance or has failed to establish or maintain a substantial
139 and positive relationship with the child, or both. For purposes
140 of this subsection, “establish or maintain a substantial and
141 positive relationship” includes, but is not limited to, frequent
142 and regular contact with the child through frequent and regular
143 visitation or frequent and regular communication to or with the
144 child, and the exercise of parental rights and responsibilities.
145 Marginal efforts and incidental or token visits or
146 communications are not sufficient to establish or maintain a
147 substantial and positive relationship with a child. A man’s
148 acknowledgment of paternity of the child does not limit the
149 period of time considered in determining whether the child was
150 abandoned. The term does not include a surrendered newborn
151 infant as described in s. 383.50, a “child in need of services”
152 as defined in chapter 984, or a “family in need of services” as
153 defined in chapter 984. The absence of a parent, legal
154 custodian, or caregiver responsible for a child’s welfare, who
155 is a servicemember, by reason of deployment or anticipated
156 deployment as defined in 50 U.S.C. s. 3938(e), may not be
157 considered or used as a factor in determining abandonment. The
158 incarceration, repeated incarceration, or extended incarceration
159 of a parent, legal custodian, or caregiver responsible for a
160 child’s welfare may support a finding of abandonment.
161 (34) “Harm” to a child’s health or welfare can occur when
162 any person:
163 (e) Abandons the child. Within the context of the
164 definition of “harm,” the term “abandoned the child” or
165 “abandonment of the child” means a situation in which the parent
166 or legal custodian of a child or, in the absence of a parent or
167 legal custodian, the caregiver, while being able, has made no
168 significant contribution to the child’s care and maintenance or
169 has failed to establish or maintain a substantial and positive
170 relationship with the child, or both. For purposes of this
171 paragraph, “establish or maintain a substantial and positive
172 relationship” includes, but is not limited to, frequent and
173 regular contact with the child through frequent and regular
174 visitation or frequent and regular communication to or with the
175 child, and the exercise of parental rights and responsibilities.
176 Marginal efforts and incidental or token visits or
177 communications are not sufficient to establish or maintain a
178 substantial and positive relationship with a child. The term
179 “abandoned” does not include a surrendered newborn infant as
180 described in s. 383.50, a child in need of services as defined
181 in chapter 984, or a family in need of services as defined in
182 chapter 984. The incarceration, repeated incarceration, or
183 extended incarceration of a parent, legal custodian, or
184 caregiver responsible for a child’s welfare may support a
185 finding of abandonment.
186 Section 3. Paragraph (e) of subsection (3) of section
187 39.201, Florida Statutes, is amended to read:
188 39.201 Required reports of child abuse, abandonment, or
189 neglect, sexual abuse of a child, and juvenile sexual abuse;
190 required reports of death; reports involving a child who has
191 exhibited inappropriate sexual behavior.—
192 (3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
193 (e) Surrendered newborn infants.—
194 1. The central abuse hotline must receive reports involving
195 surrendered newborn infants as described in s. 383.50.
196 2.a. A report may not be considered a report of child
197 abuse, abandonment, or neglect solely because the infant has
198 been surrendered in accordance with left at a hospital,
199 emergency medical services station, or fire station under s.
200 383.50.
201 b. If the report involving a surrendered newborn infant
202 does not include indications of child abuse, abandonment, or
203 neglect other than that necessarily entailed in the infant
204 having been surrendered left at a hospital, emergency medical
205 services station, or fire station, the central abuse hotline
206 must provide to the person making the report the name of an
207 eligible licensed child-placing agency that is required to
208 accept physical custody of and to place surrendered newborn
209 infants. The department shall provide names of eligible licensed
210 child-placing agencies on a rotating basis.
211 3. If the report includes indications of child abuse,
212 abandonment, or neglect beyond that necessarily entailed in the
213 infant having been surrendered left at a hospital, emergency
214 medical services station, or fire station, the report must be
215 considered as a report of child abuse, abandonment, or neglect
216 and, notwithstanding chapter 383, is subject to s. 39.395 and
217 all other relevant provisions of this chapter.
218 Section 4. Subsections (1) and (4), paragraph (c) of
219 subsection (7), and subsection (10) of section 63.0423, Florida
220 Statutes, are amended to read:
221 63.0423 Procedures with respect to surrendered infants.—
222 (1) Upon entry of final judgment terminating parental
223 rights, a licensed child-placing agency that takes physical
224 custody of an infant surrendered in accordance with at a
225 hospital, emergency medical services station, or fire station
226 pursuant to s. 383.50 assumes responsibility for the medical and
227 other costs associated with the emergency services and care of
228 the surrendered infant from the time the licensed child-placing
229 agency takes physical custody of the surrendered infant.
230 (4) The parent who surrenders the infant in accordance with
231 s. 383.50 is presumed to have consented to termination of
232 parental rights, and express consent is not required. Except
233 when there is actual or suspected child abuse or neglect, the
234 licensed child-placing agency may shall not attempt to pursue,
235 search for, or notify that parent as provided in s. 63.088 and
236 chapter 49. For purposes of s. 383.50 and this section, a
237 surrendered an infant who tests positive for illegal drugs,
238 narcotic prescription drugs, alcohol, or other substances, but
239 shows no other signs of child abuse or neglect, shall be placed
240 in the custody of a licensed child-placing agency. Such a
241 placement does not eliminate the reporting requirement under s.
242 383.50(7). When the department is contacted regarding an infant
243 properly surrendered under this section and s. 383.50, the
244 department shall provide instruction to contact a licensed
245 child-placing agency and may not take custody of the infant
246 unless reasonable efforts to contact a licensed child-placing
247 agency to accept the infant have not been successful.
248 (7) If a claim of parental rights of a surrendered infant
249 is made before the judgment to terminate parental rights is
250 entered, the circuit court may hold the action for termination
251 of parental rights in abeyance for a period of time not to
252 exceed 60 days.
253 (c) The court may not terminate parental rights solely on
254 the basis that the parent surrendered left the infant at a
255 hospital, emergency medical services station, or fire station in
256 accordance with s. 383.50.
257 (10) Except to the extent expressly provided in this
258 section, proceedings initiated by a licensed child-placing
259 agency for the termination of parental rights and subsequent
260 adoption of an infant surrendered a newborn left at a hospital,
261 emergency medical services station, or fire station in
262 accordance with s. 383.50 shall be conducted pursuant to this
263 chapter.
264 Section 5. Paragraph (f) of subsection (2) of section
265 63.167, Florida Statutes, is amended to read:
266 63.167 State adoption information center.—
267 (2) The functions of the state adoption information center
268 shall include:
269 (f) Maintaining a list of licensed child-placing agencies
270 eligible and willing to take custody of and place newborn
271 infants surrendered in accordance with left at a hospital,
272 pursuant to s. 383.50. The names and contact information for the
273 licensed child-placing agencies on the list shall be provided on
274 a rotating basis to the statewide central abuse hotline.
275 Section 6. Section 383.51, Florida Statutes, is amended to
276 read:
277 383.51 Confidentiality; identification of parent
278 surrendering leaving newborn infant at hospital, emergency
279 medical services station, or fire station.—The identity of a
280 parent who surrenders an leaves a newborn infant at a hospital,
281 emergency medical services station, or fire station in
282 accordance with s. 383.50 is confidential and exempt from s.
283 119.07(1) and s. 24(a), Art. I of the State Constitution. The
284 identity of a parent surrendering an infant leaving a child
285 shall be disclosed to a person claiming to be a parent of the
286 newborn infant.
287 Section 7. Section 827.035, Florida Statutes, is amended to
288 read:
289 827.035 Newborn Infants.—It does shall not constitute
290 neglect of a child pursuant to s. 827.03 or contributing to the
291 dependency of a child pursuant to s. 827.04, if a parent
292 surrenders an leaves a newborn infant in accordance at a
293 hospital, emergency medical services station, or fire station or
294 brings a newborn infant to an emergency room and expresses an
295 intent to leave the infant and not return, in compliance with s.
296 383.50.
297 Section 8. Subsection (3) of section 827.10, Florida
298 Statutes, is amended to read:
299 827.10 Unlawful desertion of a child.—
300 (3) This section does not apply to a person who surrenders
301 an a newborn infant in accordance compliance with s. 383.50.
302 Section 9. This act shall take effect July 1, 2024.