July 27, 2023 - Introduced by Representatives Schutt, Kitchens, Dittrich, Behnke, Binsfeld, Bodden, Brandtjen, Goeben, Green, Gustafson, Hurd, Maxey, Murphy, Myers, Novak, O’Connor, Oldenburg, Ortiz-Velez, Rettinger, Rozar, Schmidt, Snyder, Spiros, Stubbs, Summerfield, Wittke, Schraa and Mursau, cosponsored by Senators Ballweg, James, Cabral-Guevara, Marklein, Tomczyk, Quinn and Knodl. Referred to Committee on Children and Families.
AB369,,22An Act to renumber and amend 48.195 (1); to amend 48.13 (2m), 48.195 (2) (a), 48.195 (2) (b), 48.195 (2) (c), 48.195 (2) (d) (intro.), 48.195 (3) (a), 48.195 (4) (a), 48.195 (4) (b), 48.195 (5), 48.195 (6), 48.355 (2d) (b) 5., 48.415 (1m), 48.43 (7) (b) and 48.485 (2); and to create 48.195 (1b), 48.195 (1m) (a) 2. and 48.195 (1r) of the statutes; relating to: newborn infant safety devices under the safe haven law. AB369,,33Analysis by the Legislative Reference Bureau This bill authorizes the installation of newborn infant safety devices in hospitals, fire stations, and law enforcement agency buildings and allows a parent to relinquish a child under the age of 72 hours in such a device under the safe haven law.
Under current law, a child whom a law enforcement officer, emergency medical technician, or hospital staff member reasonably believes to be 72 hours old or younger (newborn infant) may be taken into custody under circumstances in which a parent of the newborn infant relinquishes custody of the newborn infant to the law enforcement officer, emergency medical technician, or hospital staff member and does not express an intent to return for the newborn infant (commonly referred to as the “safe haven law”). Also under current law, if a parent who wishes to relinquish custody of his or her child is unable to travel to a place where a law enforcement officer, emergency medical technician, or hospital staff member is located, the parent may dial “911” or the number for an emergency medical service provider and the person receiving the call must dispatch a law enforcement officer or emergency medical technician to meet the parent and take the child into custody. A law enforcement officer, emergency medical technician, or hospital staff member who takes a newborn infant into custody under the safe haven law must take any action necessary to protect the health and safety of the newborn infant and, within 24 hours after taking the newborn infant into custody, must deliver the newborn infant to the intake worker of the court assigned to exercise jurisdiction under the Children’s Code.
Under current law, a parent who relinquishes custody of a child under the safe haven law and any person who assists the parent in that relinquishment are immune from any civil or criminal liability for any good faith act or omission in connection with the relinquishment. In addition, any law enforcement officer, emergency medical technician, or hospital staff member who takes a child into custody under the safe haven law is immune from any civil liability to the child’s parents, or any criminal liability for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child’s parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.
This bill provides that a newborn infant may also be taken into custody under the safe haven law if a parent leaves the newborn infant in a newborn infant safety device, which is a device that is installed in a supporting wall of a hospital, fire station, or law enforcement agency and that has an exterior point of access allowing an individual to place a newborn infant inside and an interior point of access allowing individuals inside the building to safely retrieve the newborn infant. Under the bill, a hospital, fire station, or law enforcement agency may install a newborn infant safety device if several criteria are met:
1. The hospital or law enforcement agency building is staffed 24 hours per day and the fire station is staffed 24 hours per day with an emergency medical technician.
2. The device is physically part of the hospital, fire station, or law enforcement agency building.
3. The device is temperature controlled and ventilated for the safety of newborns.
4. The device is equipped with a dual alarm system connected to the physical location of the device that automatically triggers an alarm inside the building when a newborn infant is placed in the device.
5. The device is equipped with a surveillance system that allows employees of the hospital, fire station, or law enforcement agency to monitor the inside of the device 24 hours per day.