Bill Text: FL S0870 | 2023 | Regular Session | Comm Sub
Bill Title: Surrendered Newborn Infants
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2023-05-05 - Died in Rules [S0870 Detail]
Download: Florida-2023-S0870-Comm_Sub.html
Florida Senate - 2023 CS for SB 870
By the Committee on Children, Families, and Elder Affairs; and
Senators Burton and Garcia
586-02765-23 2023870c1
1 A bill to be entitled
2 An act relating to surrendered newborn infants;
3 amending s. 383.50, F.S.; revising the definition of
4 the term “newborn infant”; defining the term “newborn
5 infant safety device”; authorizing certain hospitals,
6 emergency medical services stations, and fire stations
7 to use newborn infant safety devices to accept
8 surrendered newborn infants if the device meets
9 specified criteria; requiring such hospitals,
10 emergency medical services stations, and fire stations
11 to monitor the inside of the device 24 hours per day
12 and physically check and test the devices at specified
13 intervals; providing additional requirements for
14 certain fire stations using such devices; conforming
15 provisions to changes made by the act; authorizing a
16 parent to leave a newborn infant with medical staff or
17 a licensed health care professional at a hospital
18 after the delivery of the newborn infant under certain
19 circumstances; conforming provisions to changes made
20 by the act; authorizing a parent to surrender a
21 newborn infant by calling 911 and requesting an
22 emergency medical services provider to meet at a
23 specified location to retrieve the newborn infant;
24 requiring the parent to stay with the newborn infant
25 until the emergency medical services provider arrives;
26 amending s. 63.0423, F.S.; conforming a cross
27 reference; making conforming changes; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 383.50, Florida Statutes, is amended to
33 read:
34 383.50 Treatment of surrendered newborn infant.—
35 (1) As used in this section, the term:
36 (a) “Newborn infant” means a child who a licensed physician
37 reasonably believes is approximately 30 7 days old or younger at
38 the time the child is surrendered under this section left at a
39 hospital, emergency medical services station, or fire station.
40 (b) “Newborn infant safety device” means a device that is
41 installed in a supporting wall of a hospital, an emergency
42 medical services station, or a fire station and that has an
43 exterior point of access allowing an individual to place a
44 newborn infant inside and an interior point of access allowing
45 individuals inside the building to safely retrieve the newborn
46 infant.
47 (2) There is a presumption that the parent who leaves the
48 newborn infant in accordance with this section intended to leave
49 the newborn infant and consented to termination of parental
50 rights.
51 (3)(a) A hospital, an emergency medical services station,
52 or a fire station that is staffed 24 hours per day may use a
53 newborn infant safety device to accept surrendered newborn
54 infants under this section if the device is:
55 1. Physically part of the hospital, emergency medical
56 services station, or fire station.
57 2. Temperature-controlled and ventilated for the safety of
58 newborns.
59 3. Equipped with a dual alarm system connected to the
60 physical location of the device which automatically triggers an
61 alarm inside the building when a newborn infant is placed in the
62 device.
63 4. Equipped with a surveillance system that allows
64 employees of the hospital, emergency medical services station,
65 or fire station to monitor the inside of the device 24 hours per
66 day.
67 5. Located such that the interior point of access is in an
68 area that is conspicuous and visible to the employees of the
69 hospital, emergency medical services station, or fire station.
70 (b) A hospital, an emergency medical services station, or a
71 fire station that uses a newborn infant safety device to accept
72 surrendered newborn infants shall use the device’s surveillance
73 system to monitor the inside of the newborn infant safety device
74 24 hours per day and shall physically check the device at least
75 twice daily and test the device at least weekly to ensure that
76 the alarm system is in working order. A fire station that is
77 staffed 24 hours per day except when all firefighter first
78 responders are dispatched from the fire station for an emergency
79 must use the dual alarm system of the newborn infant safety
80 device to immediately dispatch the nearest first responder to
81 retrieve any newborn infant left in the newborn infant safety
82 device.
83 (4)(3) Each emergency medical services station or fire
84 station that is staffed with full-time firefighters, emergency
85 medical technicians, or paramedics shall accept any newborn
86 infant left with a firefighter, an emergency medical technician,
87 or a paramedic or in a newborn infant safety device. The
88 firefighter, emergency medical technician, or paramedic shall
89 consider these actions as implied consent to and shall:
90 (a) Provide emergency medical services to the newborn
91 infant to the extent that he or she is trained to provide those
92 services, and
93 (b) Arrange for the immediate transportation of the newborn
94 infant to the nearest hospital having emergency services.
95
96 A licensee as defined in s. 401.23, a fire department, or an
97 employee or agent of a licensee or fire department may treat and
98 transport a newborn infant pursuant to this section. If a
99 newborn infant is placed in the physical custody of an employee
100 or agent of a licensee or fire department or is placed in a
101 newborn infant safety device, such placement is shall be
102 considered implied consent for treatment and transport. A
103 licensee, a fire department, or an employee or agent of a
104 licensee or fire department is immune from criminal or civil
105 liability for acting in good faith pursuant to this section.
106 Nothing in this subsection limits liability for negligence.
107 (5)(a) A newborn infant may be left with medical staff or a
108 licensed health care professional after the delivery of the
109 newborn infant in a hospital if the parent of the newborn infant
110 notifies medical staff or a licensed health care professional
111 that the parent is voluntarily surrendering the infant and does
112 not intend to return.
113 (b)(4) Each hospital of this state subject to s. 395.1041
114 shall, and any other hospital may, admit and provide all
115 necessary emergency services and care, as defined in s.
116 395.002(9), to any newborn infant left with the hospital in
117 accordance with this section. The hospital or any of its
118 licensed health care professionals shall consider these actions
119 as implied consent for treatment, and a hospital accepting
120 physical custody of a newborn infant has implied consent to
121 perform all necessary emergency services and care. The hospital
122 or any of its licensed health care professionals is immune from
123 criminal or civil liability for acting in good faith in
124 accordance with this section. Nothing in this subsection limits
125 liability for negligence.
126 (6)(5) Except when there is actual or suspected child abuse
127 or neglect, any parent who leaves a newborn infant in accordance
128 with this section with a firefighter, emergency medical
129 technician, or paramedic at a fire station or emergency medical
130 services station, or brings a newborn infant to an emergency
131 room of a hospital and expresses an intent to leave the newborn
132 infant and not return, has the absolute right to remain
133 anonymous and to leave at any time and may not be pursued or
134 followed unless the parent seeks to reclaim the newborn infant.
135 When an infant is born in a hospital and the mother expresses
136 intent to leave the infant and not return, upon the mother’s
137 request, the hospital or registrar must shall complete the
138 infant’s birth certificate without naming the mother thereon.
139 (7)(6) A parent of a newborn infant surrendered left at a
140 hospital, emergency medical services station, or fire station
141 under this section may claim his or her newborn infant up until
142 the court enters a judgment terminating his or her parental
143 rights. A claim to the newborn infant must be made to the entity
144 having physical or legal custody of the newborn infant or to the
145 circuit court before whom proceedings involving the newborn
146 infant are pending.
147 (8)(7) Upon admitting a newborn infant under this section,
148 the hospital shall immediately contact a local licensed child
149 placing agency or alternatively contact the statewide central
150 abuse hotline for the name of a licensed child-placing agency
151 for purposes of transferring physical custody of the newborn
152 infant. The hospital shall notify the licensed child-placing
153 agency that a newborn infant has been left with the hospital and
154 approximately when the licensed child-placing agency can take
155 physical custody of the child. In cases where there is actual or
156 suspected child abuse or neglect, the hospital or any of its
157 licensed health care professionals shall report the actual or
158 suspected child abuse or neglect in accordance with ss. 39.201
159 and 395.1023 in lieu of contacting a licensed child-placing
160 agency.
161 (9)(8) Any newborn infant admitted to a hospital in
162 accordance with this section is presumed eligible for coverage
163 under Medicaid, subject to federal rules.
164 (10)(9) A newborn infant surrendered left at a hospital,
165 emergency medical services station, or fire station in
166 accordance with this section is shall not be deemed abandoned or
167 and subject to reporting and investigation requirements under s.
168 39.201 unless there is actual or suspected child abuse or until
169 the Department of Health takes physical custody of the child.
170 (11) If the parent of a newborn infant is otherwise unable
171 to surrender the newborn infant in accordance with this section,
172 the parent may dial 911 to request that an emergency medical
173 services provider meet the surrendering parent at a specified
174 location. The surrendering parent must stay with the newborn
175 infant until the emergency medical services provider arrives to
176 take custody of the newborn infant.
177 (12)(10) A criminal investigation may shall not be
178 initiated solely because a newborn infant is surrendered left at
179 a hospital under this section unless there is actual or
180 suspected child abuse or neglect.
181 Section 2. Subsections (1), (4), (7), (9), and (10) of
182 section 63.0423, Florida Statutes, are amended to read:
183 63.0423 Procedures with respect to surrendered infants.—
184 (1) Upon entry of final judgment terminating parental
185 rights, a licensed child-placing agency that takes physical
186 custody of an infant surrendered at a hospital, emergency
187 medical services station, or fire station pursuant to s. 383.50
188 assumes responsibility for the medical and other costs
189 associated with the emergency services and care of the
190 surrendered infant from the time the licensed child-placing
191 agency takes physical custody of the surrendered infant.
192 (4) The parent who surrenders the infant in accordance with
193 s. 383.50 is presumed to have consented to termination of
194 parental rights, and express consent is not required. Except
195 when there is actual or suspected child abuse or neglect, the
196 licensed child-placing agency may shall not attempt to pursue,
197 search for, or notify that parent as provided in s. 63.088 and
198 chapter 49. For purposes of s. 383.50 and this section, an
199 infant who tests positive for illegal drugs, narcotic
200 prescription drugs, alcohol, or other substances, but shows no
201 other signs of child abuse or neglect, shall be placed in the
202 custody of a licensed child-placing agency. Such a placement
203 does not eliminate the reporting requirement under s. 383.50(8)
204 s. 383.50(7). When the department is contacted regarding an
205 infant properly surrendered under this section and s. 383.50,
206 the department shall provide instruction to contact a licensed
207 child-placing agency and may not take custody of the infant
208 unless reasonable efforts to contact a licensed child-placing
209 agency to accept the infant have not been successful.
210 (7) If a claim of parental rights of a surrendered infant
211 is made before the judgment to terminate parental rights is
212 entered, the circuit court may hold the action for termination
213 of parental rights in abeyance for a period of time not to
214 exceed 60 days.
215 (a) The court may order scientific testing to determine
216 maternity or paternity at the expense of the parent claiming
217 parental rights.
218 (b) The court shall appoint a guardian ad litem for the
219 surrendered infant and order any whatever investigation, home
220 evaluation, or and psychological evaluation are necessary to
221 determine what is in the best interests of the surrendered
222 infant.
223 (c) The court may not terminate parental rights solely on
224 the basis that the parent surrendered left the infant at a
225 hospital, emergency medical services station, or fire station in
226 accordance with s. 383.50.
227 (d) The court shall enter a judgment with written findings
228 of fact and conclusions of law.
229 (9)(a) A judgment terminating parental rights to a
230 surrendered infant pending adoption is voidable, and any later
231 judgment of adoption of that child minor is voidable, if, upon
232 the motion of a parent, the court finds that a person knowingly
233 gave false information that prevented the parent from timely
234 making known his or her desire to assume parental
235 responsibilities toward the child minor or from exercising his
236 or her parental rights. A motion under this subsection must be
237 filed with the court originally entering the judgment. The
238 motion must be filed within a reasonable time but not later than
239 1 year after the entry of the judgment terminating parental
240 rights.
241 (b) No later than 30 days after the filing of a motion
242 under this subsection, the court shall conduct a preliminary
243 hearing to determine what contact, if any, will be allowed
244 permitted between a parent and the child pending resolution of
245 the motion. Such contact may be allowed only if it is requested
246 by a parent who has appeared at the hearing and the court
247 determines that it is in the best interests of the child. If the
248 court orders contact between a parent and the child, the order
249 must be issued in writing as expeditiously as possible and must
250 state with specificity any provisions regarding contact with
251 persons other than those with whom the child resides.
252 (c) The court may not order scientific testing to determine
253 the paternity or maternity of the child minor until such time as
254 the court determines that a previously entered judgment
255 terminating the parental rights of that parent is voidable
256 pursuant to paragraph (a), unless all parties agree that such
257 testing is in the best interests of the child. Upon the filing
258 of test results establishing that person’s maternity or
259 paternity of the surrendered infant, the court may order
260 visitation only if it appears to be in the best interests of the
261 child.
262 (d) Within 45 days after the preliminary hearing, the court
263 shall conduct a final hearing on the motion to set aside the
264 judgment and shall enter its written order as expeditiously as
265 possible thereafter.
266 (10) Except to the extent expressly provided in this
267 section, proceedings initiated by a licensed child-placing
268 agency for the termination of parental rights and subsequent
269 adoption of a newborn infant surrendered left at a hospital,
270 emergency medical services station, or fire station in
271 accordance with s. 383.50 shall be conducted pursuant to this
272 chapter.
273 Section 3. This act shall take effect July 1, 2023.
