-------------------------------------------------------- ¦ REFERENCE TITLE: newborn infants; safe haven; immunity ¦ -------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ -------------------------------------------------------- ¦ HB 2001 ¦ -------------------------------------------------------- ¦ Introduced by ¦ ¦ Representatives Brimhall: Gray ¦ --------------------------------------------------------
AN ACT
AMENDING TITLE 13, CHAPTER 36, ARIZONA REVISED STATUTES, BY ADDING SECTION 13- 3623.01; RELATING TO FAMILY OFFENSES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3623.01, to read:
13-3623.01. Safe haven for newborn infants; definitions
A. A PERSON IS NOT GUILTY OF ABUSE OF A CHILD PURSUANT TO SECTION 13-3623, SUBSECTION B FOR LEAVING A NEWBORN INFANT IF THE PERSON LEAVES THE NEWBORN INFANT UNHARMED AND WITH A SAFE HAVEN PROVIDER.
B. IF A PARENT OR AGENT OF A PARENT VOLUNTARILY DELIVERS THE PARENT'S CHILD TO A SAFE HAVEN PROVIDER, THE SAFE HAVEN PROVIDER SHALL TAKE CUSTODY OF THE CHILD IF BOTH OF THE FOLLOWING ARE TRUE:
1. THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD.
2. THE SAFE HAVEN PROVIDER REASONABLY BELIEVES THAT THE CHILD IS A NEWBORN INFANT.
C. THE SAFE HAVEN PROVIDER SHALL REPORT RECEIPT OF A NEWBORN INFANT TO CHILD PROTECTIVE SERVICES OF THE DEPARTMENT OF ECONOMIC SECURITY AS SOON AS PRACTICABLE AFTER TAKING CUSTODY OF THE NEWBORN INFANT.
D. A PARENT OR AGENT OF A PARENT WHO LEAVES A NEWBORN INFANT WITH A SAFE HAVEN PROVIDER MAY REMAIN ANONYMOUS, AND THE SAFE HAVEN PROVIDER SHALL NOT REQUIRE THE PARENT OR AGENT TO ANSWER ANY QUESTIONS.
E. A SAFE HAVEN PROVIDER WHO RECEIVES A NEWBORN INFANT PURSUANT TO THIS SECTION IS NOT LIABLE FOR ANY CIVIL OR OTHER DAMAGES FOR ANY ACT OR OMISSION BY THE SAFE HAVEN PROVIDER IN MAINTAINING CUSTODY OF THE NEWBORN INFANT IF THE SAFE HAVEN PROVIDER ACTS IN GOOD FAITH WITHOUT GROSS NEGLIGENCE.
F. FOR THE PURPOSES OF THIS SECTION:
1. "NEWBORN INFANT" MEANS AN INFANT WHO IS SEVENTY-TWO HOURS OLD OR YOUNGER.
2. "SAFE HAVEN PROVIDER" MEANS ANY OF THE FOLLOWING:
(a) A FIREFIGHTER WHO IS ON DUTY.
(b) AN EMERGENCY MEDICAL TECHNICIAN WHO IS ON DUTY.
(c) A STAFF MEMBER AT A HEALTH CARE INSTITUTION THAT IS CLASSIFIED BY THE DEPARTMENT OF HEALTH SERVICES PURSUANT TO SECTION 36-405 AS A HOSPITAL OR AN OUTPATIENT TREATMENT CENTER.
(d) A STAFF MEMBER AT ANY OF THE FOLLOWING THAT POSTS A PUBLIC NOTICE THAT IT IS WILLING TO ACCEPT A NEWBORN INFANT PURSUANT TO THIS SECTION:
(i) A PRIVATE CHILD WELFARE AGENCY LICENSED PURSUANT TO TITLE 8, CHAPTER 5, ARTICLE 1.
(ii) AN ADOPTION AGENCY LICENSED PURSUANT TO SECTION 8-126.
(iii) A CHURCH OR HOUSE OF WORSHIP.