Senate Bill 122 (2021) — Surrendered newborn infants
SB 122
Florida Bills
Florida Senate - 2021 SB 122 By Senator Baxley 12-00035-21 2021122__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to surrendered newborn infants; 2 amending s. 383.50, F.S.; revising and defining terms; 3 authorizing the Department of Health to approve, and 4 certain hospitals, emergency medical services 5 stations, and fire stations to use, newborn infant 6 safety devices to accept surrendered newborn infants 7 under certain circumstances; requiring such hospitals, 8 emergency medical services stations, or fire stations 9 to physically check and test the devices at specified 10 intervals; conforming provisions to changes made by 11 the act; providing additional locations to which the 12 prohibition on the initiation of criminal 13 investigations based solely on the surrendering of a 14 newborn infant applies; amending s. 63.0423, F.S.; 15 conforming a cross-reference; making conforming and 16 technical changes; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20
Section 1. Present subsections (2) through (10) of
section 21 383.50, Florida Statutes, are redesignated as subsections (3) 22 through (11), respectively, a new subsection (2) is added to 23 that section, and subsection (1) and present subsections (3), 24 (5), and (10) of that
section are amended, to read: 25 383.50 Treatment of surrendered newborn infant.— 26
(1) As used in this section, the term: 27 (a) “Department” means the Department of Health. 28 (b) “Newborn infant” means a child who a licensed physician 29
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. reasonably believes is approximately 30 7 days old or younger at 30 the time the child is left at a hospital, an emergency medical 31 services station, or a fire station. 32 (c) “Newborn infant safety device” means a device approved 33 by the department under subsection (2) which is installed in an 34 exterior wall of a hospital, an emergency medical services 35 station, or a fire station and which has an exterior point of 36 access that allows an individual to place a newborn infant 37 inside and an interior point of access that allows individuals 38 inside the building to safely retrieve the newborn infant. 39 (2)(
a) The department may approve by rule, and a hospital, 40 an emergency medical services station, or a fire station that is 41 staffed 24 hours per day may use, a newborn infant safety device 42 to accept surrendered newborn infants under this
section if the 43 device is: 44 1. Physically part of the hospital, emergency medical 45 services station, or fire station; 46 2. Temperature-controlled and ventilated for the safety of 47 newborns; 48 3. Equipped with an alarm system connected to the physical 49 location of the device which automatically triggers an alarm 50 inside the building when a newborn infant is placed in the 51 device; 52 4. Equipped with a surveillance system that allows 53 employees of the hospital, emergency medical services station, 54 or fire station to monitor the inside of the device 24 hours per 55 day; and 56 5.
Located such that the interior point of access is in an 57 area that is conspicuous and visible to the employees of the 58
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. hospital, emergency medical services station, or fire station. 59 (
b) A hospital, an emergency medical services station, or a 60 fire station that uses a newborn infant safety device to accept 61 surrendered newborn infants shall use the device’s surveillance 62 system to monitor the inside of the newborn infant safety device 63 24 hours per day and shall physically check the device at least 64 twice daily and test the device at least weekly to ensure that 65 the alarm system is in working order. 66 (4)
(3) Each emergency medical services station or fire 67 station that is staffed 24 hours per day with full-time 68 firefighters, emergency medical technicians, or paramedics shall 69 accept any newborn infant left with a firefighter, an emergency 70 medical technician, or a paramedic or in a newborn infant safety 71 device that is physically part of the emergency medical services 72 station or fire station. The firefighter, emergency medical 73 technician, or paramedic shall consider these actions as implied 74 consent to and shall: 75 (
a) Provide emergency medical services to the newborn 76 infant to the extent that he or she is trained to provide those 77 services, and 78 (
b) Arrange for the immediate transportation of the newborn 79 infant to the nearest hospital having emergency services. 80 81 A licensee as defined in s. 401.23, a fire department, or an 82 employee or agent of a licensee or fire department may treat and 83 transport a newborn infant pursuant to this section. If a 84 newborn infant is placed in the physical custody of an employee 85 or agent of a licensee or fire department or is placed in a 86 newborn infant safety device that is physically part of an 87
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. emergency medical services station or a fire station, such 88 placement is shall be considered implied consent for treatment 89 and transport. A licensee, a fire department, or an employee or 90 agent of a licensee or fire department is immune from criminal 91 or civil liability for acting in good faith pursuant to this 92 section. Nothing in this subsection limits liability for 93 negligence. 94 (6)
(5) Except when there is actual or suspected child abuse 95 or neglect, any parent who leaves a newborn infant in a newborn 96 infant safety device or with a firefighter, an emergency medical 97 technician, or a paramedic at a fire station or an emergency 98 medical services station, leaves a newborn infant in a newborn 99 infant safety device at a hospital, or brings a newborn infant 100 to an emergency room of a hospital and expresses an intent to 101 leave the newborn infant and not return, has the absolute right 102 to remain anonymous and to leave at any time and may not be 103 pursued or followed unless the parent seeks to reclaim the 104 newborn infant.
When an infant is born in a hospital and the 105 mother expresses intent to leave the infant and not return, upon 106 the mother’s request, the hospital or registrar shall complete 107 the infant’s birth certificate without naming the mother 108 thereon. 109 (11)
(10) A criminal investigation may shall not be 110 initiated solely because a newborn infant is left at a hospital, 111 an emergency medical services station, or a fire station under 112 this
section unless there is actual or suspected child abuse or 113 neglect. 114
Section
Section 63.0423, Florida Statutes, is amended to 115 read: 116
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. 63.0423 Procedures with respect to surrendered newborn 117 infants.— 118
(1) Upon entry of final judgment terminating parental 119 rights, a licensed child-placing agency that takes physical 120 custody of a newborn an infant surrendered at a hospital, an 121 emergency medical services station, or a fire station pursuant 122 to s. 383.50 assumes responsibility for the medical and other 123 costs associated with the emergency services and care of the 124 surrendered newborn infant from the time the licensed child-125 placing agency takes physical custody of the surrendered newborn 126 infant. 127
(2) The licensed child-placing agency shall immediately 128 seek an order from the circuit court for emergency custody of 129 the surrendered newborn infant.
The emergency custody order 130 shall remain in effect until the court orders preliminary 131 approval of placement of the surrendered newborn infant in the 132 prospective home, at which time the prospective adoptive parents 133 become guardians pending termination of parental rights and 134 finalization of adoption or until the court orders otherwise. 135 The guardianship of the prospective adoptive parents shall 136 remain subject to the right of the licensed child-placing agency 137 to remove the surrendered newborn infant from the placement 138 during the pendency of the proceedings if such removal is deemed 139 by the licensed child-placing agency to be in the best interests 140 of the child.
The licensed child-placing agency may immediately 141 seek to place the surrendered newborn infant in a prospective 142 adoptive home. 143
(3) The licensed child-placing agency that takes physical 144 custody of the surrendered newborn infant shall, within 24 hours 145
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. thereafter, request assistance from law enforcement officials to 146 investigate and determine, through the Missing Children 147 Information Clearinghouse, the National Center for Missing and 148 Exploited Children, and any other national and state resources, 149 whether the surrendered newborn infant is a missing child. 150
(4) The parent who surrenders the newborn infant in 151 accordance with s. 383.50 is presumed to have consented to 152 termination of parental rights, and express consent is not 153 required. Except when there is actual or suspected child abuse 154 or neglect, the licensed child-placing agency shall not attempt 155 to pursue, search for, or notify that parent as provided in s. 156 63.088 and
chapter 49. For purposes of s. 383.50 and this 157 section, a surrendered newborn an infant who tests positive for 158 illegal drugs, narcotic prescription drugs, alcohol, or other 159 substances, but shows no other signs of child abuse or neglect, 160 shall be placed in the custody of a licensed child-placing 161 agency. Such a placement does not eliminate the reporting 162 requirement under s. 383.50(8) s. 383.50(7). When the department 163 is contacted regarding a newborn an infant properly surrendered 164 under this
section and s. 383.50, the department shall provide 165 instruction to contact a licensed child-placing agency and may 166 not take custody of the newborn infant unless reasonable efforts 167 to contact a licensed child-placing agency to accept the newborn 168 infant have not been successful. 169
(5) A petition for termination of parental rights under 170 this
section may not be filed until 30 days after the date the 171 newborn infant was surrendered in accordance with s. 383.50. A 172 petition for termination of parental rights may not be granted 173 until a parent has failed to reclaim or claim the surrendered 174
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. newborn infant within the time period specified in s. 383.50. 175
(6) A claim of parental rights of the surrendered newborn 176 infant must be made to the entity having legal custody of the 177 surrendered newborn infant or to the circuit court before which 178 proceedings involving the surrendered newborn infant are 179 pending. A claim of parental rights of the surrendered newborn 180 infant may not be made after the judgment to terminate parental 181 rights is entered, except as otherwise provided by subsection 182 (9). 183
(7) If a claim of parental rights of a surrendered newborn 184 infant is made before the judgment to terminate parental rights 185 is entered, the circuit court may hold the action for 186 termination of parental rights in abeyance for a period of time 187 not to exceed 60 days. 188 (
a) The court may order scientific testing to determine 189 maternity or paternity at the expense of the parent claiming 190 parental rights. 191 (
b) The court shall appoint a guardian ad litem for the 192 surrendered newborn infant and order whatever investigation, 193 home evaluation, and psychological evaluation are necessary to 194 determine what is in the best interests of the surrendered 195 newborn infant. 196 (
c) The court may not terminate parental rights solely on 197 the basis that the parent left the newborn infant at a hospital, 198 an emergency medical services station, or a fire station in 199 accordance with s. 383.50. 200 (
d) The court shall enter a judgment with written findings 201 of fact and conclusions of law. 202
(8) Within 7 business days after recording the judgment, 203
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. the clerk of the court shall mail a copy of the judgment to the 204 department, the petitioner, and any person whose consent was 205 required, if known. The clerk shall execute a certificate of 206 each mailing. 207 (9)(
a) A judgment terminating parental rights of a 208 surrendered newborn infant pending adoption is voidable, and any 209 later judgment of adoption of that child minor is voidable, if, 210 upon the motion of a parent, the court finds that a person 211 knowingly gave false information that prevented the parent from 212 timely making known his or her desire to assume parental 213 responsibilities toward the child minor or from exercising his 214 or her parental rights. A motion under this subsection must be 215 filed with the court originally entering the judgment.
The 216 motion must be filed within a reasonable time but not later than 217 1 year after the entry of the judgment terminating parental 218 rights. 219 (
b) No later than 30 days after the filing of a motion 220 under this subsection, the court shall conduct a preliminary 221 hearing to determine what contact, if any, will be allowed 222 permitted between a parent and the child pending resolution of 223 the motion. Such contact may be allowed only if it is requested 224 by a parent who has appeared at the hearing and the court 225 determines that it is in the best interests of the child.
If the 226 court orders contact between a parent and the child, the order 227 must be issued in writing as expeditiously as possible and must 228 state with specificity any provisions regarding contact with 229 persons other than those with whom the child resides. 230 (
c) The court may not order scientific testing to determine 231 the paternity or maternity of the child minor until such time as 232
Florida Senate - 2021 SB 122 12-00035-21 2021122__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. the court determines that a previously entered judgment 233 terminating the parental rights of that parent is voidable 234 pursuant to paragraph (a), unless all parties agree that such 235 testing is in the best interests of the child. Upon the filing 236 of test results establishing that person’s maternity or 237 paternity of the surrendered newborn infant, the court may order 238 visitation only if it appears to be in the best interests of the 239 child. 240 (
d) Within 45 days after the preliminary hearing, the court 241 shall conduct a final hearing on the motion to set aside the 242 judgment and shall enter its written order as expeditiously as 243 possible thereafter. 244
(10) Except to the extent expressly provided in this 245 section, proceedings initiated by a licensed child-placing 246 agency for the termination of parental rights and subsequent 247 adoption of a newborn infant left at a hospital, an emergency 248 medical services station, or a fire station in accordance with 249 s. 383.50 shall be conducted pursuant to this chapter. 250