ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
newborn infants; safe haven;
immunity.
Exempts
a mother 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 to contact Child Protective Services
(CPS) as soon as practicable. Prohibits
a provider from requiring a mother to answer questions.
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.
This bill 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 mother who leaves a newborn infant with a safe haven provider from criminal child abuse charges for leaving the infant, provided that the infant is unharmed. Continues liability for any other offense.
2. Allows anonymity for a mother who delivers a newborn to a safe haven provider.
3. Defines the terms “newborn infant”, “safe haven provider" and "church."
4. Requires the safe haven provider to take custody of a newborn infant if:
a)
The
mother voluntarily delivers the newborn infant to the provider,
b)
The
mother 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. Requires a safe haven provider to offer the mother information on Information and Referral organizations
7. Allows a parent who leaves a newborn with the provider to refuse to answer questions.
8. Exempts the safe haven provider from civil liability and other damages if the provider is acting in good faith without gross negligence.
9. Requires that DES include the number of surrendered infants in the semi-annual Child Welfare Report to the Governor, President of the Senate and Speaker of the House of Representatives.
10. Provides for a general effective date.
Amendments Adopted by Family Services Committee
1. Limits immunity and anonymity to a parent; eliminates an agent of a parent.
2. Clarifies that a person is exempt from criminal liability for leaving a newborn but may be liable for any other offense.
3. Requires CPS to annually report the number of surrendered infants to the Legislature and Governor.
Amendments
Adopted by Committee of the Whole
1. Limits immunity and anonymity to the mother.
2. Requires DES to include the number of surrendered infants in an existing report rather than creating a new report.
3. Requires safe haven providers to offer the mother information on Information and Referral organizations.
Senate Action
FS 1/17/01 DPA 5-1-0-0
JUD 1/23/01 DP 6-2-0-0
3rd Read 2/12/01 26-4-0-0
Prepared by Senate Staff
February 12, 2001