ARIZONA STATE SENATE
Phoenix, Arizona
newborn infants; safe haven;
immunity.
Exempts
a person who leaves a newborn with a specified provider from criminal child
abuse if the infant is unharmed and grants anonymity. Requires a specified
provider to accept surrendered newborn infants and prohibits questioning of the
parent or agent.
Texas
was the first state to pass legislation on infant abandonment, in 1999. Senator Ruth Solomon requested that the
Statutory Reform Subcommittee, chaired by Judge Maurice Portley, of the Ad Hoc
Committee on CPS and Related Child Welfare Issues study this and make
recommendations during the 2000 interim.
H.B. 2001 is the result of that study.
During 2000, 24 states
introduced similar legislation.
Currently, 13 states have adopted legislation providing that a child may
be voluntarily surrendered without parental criminal liability if the child is
unharmed. States vary in defining the age of a surrendered child from 72 hours
to 24 months. Most states require a
hospital or emergency medical services provider to accept an unharmed infant
and include affirmative defense to prosecution if a parent voluntarily delivers
the infant to a provider. About half of the states allow parental anonymity and
immunity for a receiving provider. Only a few states address issues of custody,
court procedures, parental rights, provider reimbursements and CPS
investigations.
This legislation addresses
voluntary surrender, age of the infant, acceptable providers, status of the
infant, parental immunity and anonymity, provider immunity and CPS
notification. The fiscal impact of this bill is unknown.
1. Exempts a person who leaves a newborn infant with a safe haven provider from criminal child abuse charges, provided that the newborn infant is unharmed.
2. Allows anonymity for a person who delivers a newborn to a safe haven provider.
3. Defines the terms “newborn infant” and “safe haven provider.”
4. Requires the safe haven provider to take custody of a newborn infant if:
a)
The
parent or agent of the parent voluntarily delivers the newborn infant to the
provider,
b)
The
parent did not express intent to return for the newborn infant, and
c)
The
provider believes the child is less than 72 hours old.
5. Requires the safe haven provider to report receipt of a newborn infant to CPS, as soon as practicable.
6. Prohibits a safe haven provider from questioning a person who leaves a newborn with the provider.
7. Exempts the safe haven provider from civil liability and other damages if the provider is acting in good faith without gross negligence.
8. Provides for a general effective date.
Prepared by Senate Staff
January 15, 2001