HCS HB 1443 -- SAFE PLACE FOR NEWBORNS ACT

SPONSOR:  Barry

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Families and Health by a vote of 14 to 0.

This substitute establishes the Safe Place for Newborns Act of
2002, which protects newborn children from injury and death
caused by abandonment by a relinquishing parent and provides
alternatives to abandonment.

A parent is immune from prosecution for charges of criminal
abandonment or endangering the welfare of a child if the parent
voluntarily delivered the child safely to the physical custody of
an authorized person.

Authorized persons are required to take physical custody of a
newborn without court order if they believe that the child is no
more than 30 days old and that it is delivered by a person
purporting to be a parent.  If delivery of a child is made to a
place other than a 24-hour medical facility licensed under
Chapter 197, RSMo, a person taking custody is required to
immediately transport the child to the nearest such facility.
The 24-hour medical facility is required to notify the Division
of Family Services and the local juvenile officer upon receipt of
a child.  The local juvenile officer is required to begin
protective custody proceedings and request that the child be made
a ward of the court during the child's stay in the medical
facility.  Upon discharge from the medical facility and the
continuance of the protective custody order, the division is
required to take physical custody of the child.

Voluntary delivery of the child according to provisions of the
substitute constitutes implied consent of a parent to actions
performed by licensed 24-hour medical facilities which are
necessary to protect the physical health and safety of the child.
The voluntary delivery of a child according to the provisions of
the substitute also constitutes a voluntary relinquishment of the
relinquishing parent's parental rights.

In any termination of parental rights proceedings initiated after
the voluntary relinquishment of a child, the juvenile officer is
required to make public notice of a child that has been
relinquished, and the non-relinquishing parent has 30 days to
identify himself or herself to the court and to state his or her
intentions regarding the child.  The court is required to
initiate proceedings to establish paternity.  The juvenile
officer is required to examine the Putative Father Registry
contained in Section 192.016, RSMo, in order to determine if
attempts have been made to preserve parental rights.  If attempts
have been made, the juvenile officer is required to make
reasonable efforts to provide the notice of abandonment to the
child's putative father.

If the child is voluntarily delivered to the custody of an
authorized person, the non-relinquishing parent is required to
take necessary steps to establish parentage within 30 days after
the juvenile officer has filed the required public notice
concerning the relinquishment of the child.  If the
non-relinquishing parent fails to take the necessary steps to
establish parentage as required, the non-relinquishing parent may
have all of his or her parental rights terminated concerning the
child.

Authorized persons listed in the substitute are immune from
civil, criminal, and administrative liability for accepting
physical custody of children in good faith.  The immunity will
not extend for acts or omissions, whether negligent or
intentional, which occur after acceptance of the child.

The Division of Family Services is required to work with the
Children's Trust Fund Board, subject to the board's approval, and
other child advocacy and community groups and health
organizations for the purpose of providing information to the
public about the substitute.  The division can use other means to
deliver information contained in the substitute.

The provisions of the substitute do not conflict with Section
210.125, pertaining to the protective custody of children.

FISCAL NOTE:  Estimated Cost to General Revenue Fund of $96,472
in FY 2003, $99,635 in FY 2004, and $102,347 in FY 2005.

PROPONENTS:  Supporters say that the bill is a preventive measure
for child abandonment.  Thirty-five states have passed similar
legislation.  The bill will not encourage child abandonment, but
will encourage a "good Samaritan act" by specified persons who
may receive an abandoned newborn child from a relinquishing
parent.  The relinquishing parent should not be punished for
child abandonment or endangerment if the parent follows the
provisions of the bill.

Testifying for the bill were Representatives Barry, Hanaway, and
Gratz; Brian Connelly, M.D.; Missouri Bar; Missouri Hospital
Association; Missouri Catholic Conference; Melanie Staysa; and
Missouri Association of Trial Attorneys.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am