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, grants anonymity and allows the person to refuse to answer questions.
Texas was the first state to
pass legislation on infant abandonment, in 1999. The Statutory Reform Subcommittee, chaired by Judge Maurice Portley,
of the Ad Hoc Committee on CPS and Related Child Welfare Issues studied the
issue and made recommendations during the 2000 interim. This bill is a 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 service 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 the issue 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. H.B. 2001 allows a parent
or an agent of a parent to leave a newborn with a safe haven provider.
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 for leaving the infant with a safe haven provider, provided that the infant is unharmed. Continues liability for any other offense.
2. Allows anonymity for a person who delivers a newborn to a safe haven provider.
3. Contains definitions.
4. Requires the safe haven provider to take custody of a newborn infant if:
a.
The
parent or agent 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 a newborn.
5.
Requires the safe haven provider to report receipt of a
newborn infant to CPS, as soon as practicable.
6. Allows a parent or agent who leaves a newborn with the provider to refuse to answer questions.
7. Exempts the safe haven provider from civil liability and other damages if the provider acts in good faith without gross negligence.
8. Requires the safe haven provider to offer written materials on Information and Referral organizations.
9. Requires DES to 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 each December 31.
10. Provides for a general effective date.
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
the safe haven provider to offer the mother written information on Information
Referral organizations.
4.
Defines
"church".
5.
Makes
technical changes.
1.
Requires
DES to include the number of surrendered infants in an existing report rather
than creating a new report.
2.
Requires
the safe haven provider to offer the person written information on Information
and Referral organizations.
3.
Defines
"church".
4.
Makes
technical changes.
1.
Adopted
the Judiciary Committee amendment.
3rd Read 2/19/01 39-19-01 JUD
3/27/01 DPA 5-1-2-0
3rd
Read 4/10/01 19-10-1-0
Prepared by Senate Staff
April 11, 2001