Bill Text: IA HF195 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to placement of custody of a newborn infant under the newborn safe haven Act.(See HF 474.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-22 - Withdrawn. H.J. 725. [HF195 Detail]
Download: Iowa-2023-HF195-Introduced.html
House
File
195
-
Introduced
HOUSE
FILE
195
BY
LOHSE
and
JONES
A
BILL
FOR
An
Act
relating
to
placement
of
custody
of
a
newborn
infant
1
under
the
newborn
safe
haven
Act.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.2,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
40A.
“Newborn
infant”
means
the
same
as
3
defined
in
section
233.1.
4
Sec.
2.
Section
232.78,
Code
2023,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
9.
a.
Notwithstanding
any
provision
to
7
the
contrary
including
priority
in
placement
of
a
child
under
8
subsection
8,
if
the
department
requests
an
ex
parte
order
9
from
the
juvenile
court
under
this
section
pursuant
to
section
10
233.2
for
transfer
of
custody
of
a
newborn
infant,
one
of
the
11
following
shall
be
applicable:
12
(1)
If
physical
custody
of
the
newborn
infant
was
not
13
initially
relinquished
under
section
233.2
to
an
adoption
14
service
provider,
the
department
shall
request
that
custody
be
15
transferred
to
the
department.
16
(2)
If
physical
custody
of
the
newborn
infant
was
initially
17
relinquished
under
section
233.2
to
an
adoption
service
18
provider,
the
department
shall
request
that
custody
be
19
transferred
to
the
adoption
service
provider.
20
b.
Upon
receiving
the
order,
the
department
or
the
adoption
21
service
provider
shall
take
custody
of
the
newborn
infant
and
22
proceed
in
accordance
with
chapter
233.
23
c.
For
the
purposes
of
this
subsection,
“adoption
service
24
provider”
means
the
same
as
defined
in
section
233.1.
25
Sec.
3.
Section
232.95,
Code
2023,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
2A.
Notwithstanding
any
provision
to
the
28
contrary
including
placement
of
custody
of
a
child
pursuant
to
29
subsection
2,
if
the
hearing
under
this
section
is
the
result
30
of
a
request
for
an
ex
parte
order
from
the
court
pursuant
to
31
section
232.78
for
a
newborn
infant
for
whom
physical
custody
32
was
relinquished
pursuant
to
section
233.2,
the
court
shall
33
place
custody
of
the
child
as
provided
in
section
232.78,
34
subsection
9,
and
proceed
in
accordance
with
chapter
233.
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Sec.
4.
Section
232.102,
Code
2023,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
11.
Notwithstanding
any
provision
to
the
3
contrary,
transfer
of
legal
custody
and
placement
of
a
newborn
4
infant
for
whom
physical
custody
was
relinquished
pursuant
to
5
section
233.2
shall
be
determined
in
accordance
with
chapter
6
233.
7
Sec.
5.
Section
232.104,
Code
2023,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
10.
Notwithstanding
any
provision
to
the
10
contrary,
legal
custody
and
placement
of
a
newborn
infant
for
11
whom
physical
custody
was
relinquished
pursuant
to
section
12
233.2
shall
be
determined
in
accordance
with
chapter
233.
13
Sec.
6.
Section
233.1,
Code
2023,
is
amended
to
read
as
14
follows:
15
233.1
Newborn
safe
haven
Act
——
definitions.
16
1.
This
chapter
may
be
cited
as
the
“Newborn
Safe
Haven
17
Act”
.
18
2.
For
the
purposes
of
this
chapter
,
unless
the
context
19
otherwise
requires:
20
a.
“Adoption
service
provider”
means
a
state-licensed
21
private
agency
which
represents
itself
as
placing
children
22
permanently
or
temporarily
in
private
family
homes,
receiving
23
children
for
placement
in
private
family
homes,
and
actually
24
engaging
in
placement
of
children
in
private
family
homes
for
25
adoption.
26
b.
“Certified
adoption
investigator”
means
the
same
as
27
defined
in
section
600A.2.
28
c.
“Department”
means
the
department
of
health
and
human
29
services.
30
a.
d.
“First
responder”
means
an
emergency
medical
care
31
provider,
a
registered
nurse
staffing
an
authorized
service
32
program
under
section
147A.12
,
a
physician
assistant
staffing
33
an
authorized
service
program
under
section
147A.13
,
a
fire
34
fighter,
or
a
peace
officer
as
defined
in
section
801.4
.
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b.
e.
“Institutional
health
facility”
means
a
hospital
1
as
defined
in
section
135B.1
,
including
a
facility
providing
2
medical
or
health
services
that
is
open
twenty-four
hours
per
3
day,
seven
days
per
week
and
is
a
hospital
emergency
room
or
a
4
health
care
facility
as
defined
in
section
135C.1
.
5
c.
f.
“Newborn
infant”
means
a
child
who
is,
or
who
appears
6
to
be,
ninety
days
of
age
or
younger.
7
Sec.
7.
Section
233.2,
Code
2023,
is
amended
to
read
as
8
follows:
9
233.2
Newborn
infant
custody
release
procedures.
10
1.
a.
A
parent
of
a
newborn
infant
may
voluntarily
release
11
custody
of
the
newborn
infant
by
relinquishing
physical
custody
12
of
the
newborn
infant,
without
expressing
an
intent
to
again
13
assume
physical
custody,
at
an
institutional
health
facility
14
or
to
an
adoption
service
provider
or
by
authorizing
another
15
person
to
relinquish
physical
custody
on
the
parent’s
behalf.
16
If
physical
custody
of
the
newborn
infant
is
not
relinquished
17
directly
to
an
individual
on
duty
at
the
institutional
health
18
facility
or
to
an
adoption
service
provider
,
the
parent
may
19
take
other
actions
to
be
reasonably
sure
that
an
individual
on
20
duty
or
the
adoption
service
provider
is
aware
that
the
newborn
21
infant
has
been
left
at
the
institutional
health
facility
or
22
the
location
of
the
adoption
service
provider
.
The
actions
23
may
include
but
are
not
limited
to
making
telephone
contact
24
with
the
institutional
health
facility
,
the
adoption
service
25
provider,
or
a
911
service.
26
b.
In
lieu
of
the
procedure
described
in
paragraph
“a”
,
27
a
parent
of
a
newborn
infant
may
make
telephone
contact
with
28
a
911
service
and
relinquish
physical
custody
of
the
newborn
29
infant,
without
expressing
an
intent
to
again
assume
physical
30
custody,
to
a
first
responder
who
responds
to
the
911
telephone
31
call.
32
c.
For
the
purposes
of
this
chapter
and
for
any
judicial
33
proceedings
associated
with
the
newborn
infant,
a
rebuttable
34
presumption
arises
that
the
person
who
relinquishes
physical
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custody
at
an
institutional
health
facility
,
to
an
adoption
1
service
provider,
or
to
a
first
responder
in
accordance
with
2
this
section
is
the
newborn
infant’s
parent
or
has
relinquished
3
physical
custody
with
the
parent’s
authorization.
4
2.
a.
Unless
the
parent
or
other
person
relinquishing
5
physical
custody
of
a
newborn
infant
clearly
expresses
an
6
intent
to
return
to
again
assume
physical
custody
of
the
7
newborn
infant,
an
individual
on
duty
at
the
facility
at
which
8
physical
custody
of
the
newborn
infant
was
relinquished,
the
9
adoption
service
provider
to
whom
physical
custody
of
the
10
newborn
infant
was
relinquished,
or
a
first
responder
to
whom
11
physical
custody
of
the
newborn
infant
was
relinquished,
12
pursuant
to
subsection
1
shall
take
physical
custody
of
the
13
newborn
infant.
The
individual
on
duty
,
the
adoption
service
14
provider,
or
the
first
responder
may
request
the
parent
or
15
other
person
to
provide
the
name
of
the
parent
or
parents
16
and
information
on
the
medical
history
of
the
newborn
infant
17
and
the
newborn
infant’s
parent
or
parents.
However,
the
18
parent
or
other
person
is
not
required
to
provide
the
names
19
or
medical
history
information
to
comply
with
this
section
.
20
The
individual
on
duty
,
the
adoption
service
provider,
or
21
the
first
responder
may
perform
reasonable
acts
necessary
to
22
protect
the
physical
health
or
safety
of
the
newborn
infant.
23
The
individual
on
duty
and
the
institutional
health
facility
24
in
which
the
individual
was
on
duty
,
the
adoption
service
25
provider,
and
the
first
responder
are
immune
from
criminal
or
26
civil
liability
for
any
acts
or
omissions
made
in
good
faith
to
27
comply
with
this
section
.
28
b.
If
the
physical
custody
of
a
newborn
infant
is
29
relinquished
to
a
first
responder
or
to
an
adoption
service
30
provider
,
the
first
responder
or
the
adoption
service
provider
31
shall
transport
the
newborn
infant
to
the
nearest
institutional
32
health
facility.
The
first
responder
or
the
adoption
service
33
provider
shall
provide
any
parental
identification
or
medical
34
history
information
to
the
institutional
health
facility.
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c.
If
the
physical
custody
of
the
newborn
infant
is
1
relinquished
at
an
institutional
health
facility,
the
state
2
shall
reimburse
the
institutional
health
facility
for
the
3
institutional
health
facility’s
actual
expenses
in
providing
4
care
to
the
newborn
infant
and
in
performing
acts
necessary
to
5
protect
the
physical
health
or
safety
of
the
newborn
infant.
6
The
reimbursement
shall
be
paid
from
moneys
appropriated
for
7
this
purpose
to
the
department
of
human
services
.
8
d.
If
the
name
of
the
parent
is
unknown
to
the
institutional
9
health
facility,
the
individual
on
duty
or
other
person
10
designated
by
the
institutional
health
facility
at
which
11
physical
custody
of
the
newborn
infant
was
relinquished
shall
12
submit
the
certificate
of
birth
report
as
required
pursuant
13
to
section
144.14
.
If
the
name
of
the
parent
is
disclosed
14
to
the
institutional
health
facility,
the
facility
shall
15
submit
the
certificate
of
birth
report
as
required
pursuant
to
16
section
144.13
.
The
department
of
public
health
shall
not
file
17
the
certificate
of
birth
with
the
county
of
birth
and
shall
18
otherwise
maintain
the
confidentiality
of
the
birth
certificate
19
in
accordance
with
section
144.43
.
20
3.
a.
As
soon
as
possible
after
the
individual
on
duty
,
21
the
adoption
service
provider,
or
the
first
responder
assumes
22
physical
custody
of
a
newborn
infant
released
under
subsection
23
1
,
and,
if
applicable,
the
individual
or
the
adoption
service
24
provider
transports
the
newborn
infant
to
the
nearest
25
institutional
health
facility
under
subsection
2,
paragraph
26
“b”
,
the
adoption
service
provider,
or
the
first
responder
27
shall
notify
the
department
of
human
services
and
the
.
The
28
department
shall
take
the
actions
necessary
for
the
department
29
or
an
adoption
service
provider
to
assume
the
care,
control,
30
and
custody
of
the
newborn
infant
.
The
as
follows:
31
(1)
If
physical
custody
of
the
newborn
infant
was
not
32
initially
relinquished
to
an
adoption
service
provider,
33
the
department
shall
immediately
notify
the
juvenile
court
34
and
the
county
attorney
of
the
department’s
action
and
the
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circumstances
surrounding
the
action
and
request
an
ex
parte
1
order
from
the
juvenile
court
ordering,
in
accordance
with
the
2
requirements
of
section
232.78
,
subsection
9,
the
department
3
to
take
custody
of
the
newborn
infant.
Upon
receiving
the
4
order,
the
department
shall
take
custody
of
the
newborn
5
infant.
After
the
department
takes
custody
of
the
newborn
6
infant,
notwithstanding
any
provision
to
the
contrary
relating
7
to
priority
placement
of
the
child
under
section
232.78,
the
8
department
shall,
if
feasible,
place
the
newborn
infant
in
9
a
prospective
adoptive
home.
The
department
shall
maintain
10
a
list
of
prospective
adoptive
homes
that
have
completed
11
placement
investigations
and
have
been
preapproved
by
the
12
department
or
a
certified
adoption
investigator.
13
(2)
If
physical
custody
of
the
newborn
infant
was
initially
14
relinquished
to
an
adoption
service
provider,
the
department
15
shall
immediately
notify
the
juvenile
court
and
the
county
16
attorney
of
the
department’s
action
and
the
circumstances
17
surrounding
the
action
and
request
an
ex
parte
order
from
the
18
juvenile
court
ordering,
in
accordance
with
the
requirements
of
19
section
232.78,
subsection
9,
the
adoption
service
provider
to
20
take
custody
of
the
newborn
infant.
Upon
receiving
the
order,
21
the
adoption
service
provider
shall
take
custody
of
the
newborn
22
infant.
23
b.
Within
twenty-four
hours
of
the
department
or
the
24
adoption
service
provider
taking
custody
of
the
newborn
infant,
25
the
department
or
the
adoption
service
provider
shall
notify
26
the
juvenile
court
and
the
county
attorney
in
writing
of
the
27
department’s
or
adoption
service
provider’s
action
and
the
28
circumstances
surrounding
the
action.
29
4.
a.
Upon
being
notified
in
writing
by
the
department
or
30
an
adoption
service
provider
under
subsection
3
,
the
county
31
attorney
shall
file
a
petition
alleging
the
newborn
infant
to
32
be
a
child
in
need
of
assistance
in
accordance
with
section
33
232.87
and
a
petition
for
termination
of
parental
rights
with
34
respect
to
the
newborn
infant
in
accordance
with
section
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232.111,
subsection
2
,
paragraph
“a”
.
A
hearing
on
a
child
in
1
need
of
assistance
petition
filed
pursuant
to
this
subsection
2
shall
be
held
at
the
earliest
practicable
time.
A
hearing
on
a
3
termination
of
parental
rights
petition
filed
pursuant
to
this
4
subsection
shall
be
held
no
later
than
thirty
days
after
the
5
day
the
physical
custody
of
the
newborn
child
was
relinquished
6
in
accordance
with
subsection
1
unless
the
juvenile
court
7
continues
the
hearing
beyond
the
thirty
days
for
good
cause
8
shown.
9
b.
Notice
of
a
petition
filed
pursuant
to
this
subsection
10
shall
be
provided
to
any
known
parent
and
others
in
accordance
11
with
the
provisions
of
chapter
232
and
shall
be
served
upon
any
12
putative
father
registered
with
the
state
registrar
of
vital
13
statistics
pursuant
to
section
144.12A
.
In
addition,
prior
to
14
holding
a
termination
of
parental
rights
hearing
with
respect
15
to
the
newborn
infant,
notice
by
publication
shall
be
provided
16
as
described
in
section
600A.6,
subsection
5
.
17
5.
Reasonable
efforts,
as
defined
in
section
232.102
,
that
18
are
made
in
regard
to
the
newborn
infant
shall
be
limited
to
19
the
efforts
made
in
a
timely
manner
to
finalize
a
permanency
20
plan
for
the
newborn
infant.
21
6.
An
individual
on
duty
at
an
institutional
health
22
facility
,
an
adoption
service
provider,
or
a
first
responder
23
who
assumes
custody
of
a
newborn
infant
upon
the
release
of
24
the
newborn
infant
under
subsection
1
shall
be
provided
notice
25
of
any
hearing
held
concerning
the
newborn
infant
at
the
same
26
time
notice
is
provided
to
other
parties
to
the
hearing
and
27
the
individual
or
first
responder
may
provide
testimony
at
the
28
hearing.
29
Sec.
8.
Section
233.5,
subsection
2,
Code
2023,
is
amended
30
to
read
as
follows:
31
2.
A
record
described
in
subsection
1
may
be
inspected
and
32
the
contents
disclosed
without
court
order
to
the
following:
33
a.
The
court
and
professional
court
staff,
including
34
juvenile
court
officers.
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b.
The
newborn
infant
and
the
newborn
infant’s
counsel.
1
c.
The
newborn
infant’s
parent,
guardian,
custodian,
and
2
those
persons’
counsel.
3
d.
The
newborn
infant’s
court
appointed
special
advocate
and
4
guardian
ad
litem.
5
e.
The
county
attorney
and
the
county
attorney’s
assistants.
6
f.
An
agency,
adoption
service
provider,
association,
7
facility,
or
institution
which
has
custody
of
the
newborn
8
infant,
or
is
legally
responsible
for
the
care,
treatment,
or
9
supervision
of
the
newborn
infant.
10
g.
The
newborn
infant’s
foster
parent
or
an
individual
11
providing
a
prospective
adoptive
home
or
preadoptive
care
to
12
the
newborn
infant.
13
Sec.
9.
Section
233.6,
Code
2023,
is
amended
to
read
as
14
follows:
15
233.6
Educational
and
public
information.
16
The
department
of
human
services,
in
consultation
with
the
17
Iowa
department
of
public
health
and
the
department
of
justice,
18
shall
develop
and
distribute
the
following:
19
1.
An
information
card
or
other
publication
for
20
distribution
by
an
institutional
health
facility
,
adoption
21
service
provider,
or
a
first
responder
to
a
parent
who
releases
22
custody
of
a
newborn
infant
in
accordance
with
this
chapter
.
23
The
publication
shall
inform
the
parent
of
a
parent’s
rights
24
under
section
233.4
,
explain
the
request
for
medical
history
25
information
under
section
233.2,
subsection
2
,
and
provide
26
other
information
deemed
pertinent
by
the
departments.
27
2.
Educational
materials,
public
information
announcements,
28
and
other
resources
to
develop
awareness
of
the
availability
29
of
the
newborn
safe
haven
Act
and
the
involvement
of
adoption
30
service
providers
among
adolescents,
young
parents,
and
others
31
who
might
avail
themselves
of
this
chapter
.
32
3.
Signage
that
may
be
used
to
identify
the
institutional
33
health
facilities
and
adoption
service
providers
at
which
34
physical
custody
of
a
newborn
infant
may
be
relinquished
in
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accordance
with
this
chapter
.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
placement
of
custody
of
a
child
5
under
Code
chapter
233,
the
newborn
safe
haven
Act.
6
The
bill
includes
definitions
used
in
the
bill
for
the
7
purpose
of
Code
chapter
233
including
“adoption
service
8
provider”
which
means
a
state-licensed
private
agency
9
which
represents
itself
as
placing
children
permanently
or
10
temporarily
in
private
family
homes,
receiving
children
for
11
placement
in
private
family
homes,
and
actually
engaging
in
12
placement
of
children
in
private
family
homes
for
adoption.
13
The
bill
amends
the
provisions
relating
to
newborn
infant
14
custody
release
procedures
under
Code
chapter
233
to
provide
15
for
the
relinquishing
of
physical
custody
of
a
newborn
16
infant,
in
addition
to
an
institutional
health
facility
or
a
17
first
responder,
to
an
adoption
service
provider,
and
as
a
18
result
further
provides
that
the
adoption
service
provider
19
may
request
from
the
parent
or
other
person
relinquishing
20
the
child
to
provide
the
name
of
the
parent
or
parents
and
21
information
on
the
medical
history
of
the
newborn
infant
22
and
the
newborn
infant’s
parent
or
parents;
may
perform
23
reasonable
acts
necessary
to
protect
the
physical
health
or
24
safety
of
the
newborn
infant;
is
immune
from
criminal
or
civil
25
liability
for
any
acts
or
omissions
made
in
good
faith
to
26
comply
with
the
bill;
and
shall
transport
the
newborn
infant
27
to
the
nearest
institutional
health
facility
and
provide
any
28
parental
identification
or
medical
history
information
to
the
29
institutional
health
facility.
30
As
soon
as
possible
after
an
assuming
physical
custody
of
and
31
transporting
the
newborn
infant
to
the
nearest
institutional
32
health
facility,
if
applicable,
the
entity
that
initially
33
took
physical
custody
of
the
child,
including
an
adoption
34
service
provider
under
the
bill,
shall
notify
the
department
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of
health
and
human
services
(HHS).
Current
Code
chapter
233
1
directs
HHS,
once
notified,
to
follow
a
process
for
HHS
to
take
2
care,
custody,
and
control
of
the
newborn
infant
and
then,
if
3
appropriate,
proceed
through
child
in
need
of
assistance
and
4
termination
of
parental
rights
proceedings.
The
bill
provides
5
instead
that
if
an
adoption
service
provider
initially
assumes
6
physical
care
of
a
newborn
infant,
the
process
would
allow
the
7
adoption
service
provider,
rather
than
HHS,
to
assume
care,
8
custody,
and
control
of
the
newborn
infant
and
proceed
through
9
the
remainder
of
the
process.
Under
the
bill,
if
physical
10
custody
of
the
newborn
infant
was
not
initially
relinquished
11
to
an
adoption
service
provider,
HHS
would
follow
the
existing
12
process
and
take
custody
of
the
newborn
infant.
After
taking
13
custody
of
the
newborn
infant,
under
current
law,
HHS
could
14
then
transfer
custody
of
the
child,
in
order
of
priority,
to
15
an
adult
relative
of
the
child,
a
fictive
kin,
a
suitable
16
placement
identified
by
the
child’s
relative,
or
foster
care.
17
The
bill
provides
instead
that
if
HHS
takes
custody
of
the
18
newborn
infant,
notwithstanding
any
provision
to
the
contrary
19
relating
to
placement
of
the
child,
HHS
shall,
if
feasible,
20
place
the
newborn
infant
in
a
prospective
adoptive
home.
The
21
department
shall
maintain
a
list
of
prospective
adoptive
22
homes
that
have
completed
placement
investigations
and
have
23
been
preapproved
by
HHS
or
a
certified
adoption
investigator.
24
Alternatively,
under
the
bill,
if
physical
custody
of
the
25
newborn
infant
was
initially
relinquished
to
an
adoption
26
service
provider,
HHS
shall
request
an
ex
parte
order
from
the
27
juvenile
court
ordering,
in
accordance
with
the
requirements
28
of
new
Code
section
232.78(9),
the
adoption
service
provider,
29
rather
than
HHS,
take
custody
of
the
newborn
infant.
Upon
30
receiving
the
order,
the
adoption
service
provider
takes
31
custody
of
the
newborn
infant.
The
bill
provides
that
32
depending
on
whether
custody
of
the
child
is
placed
with
HHS
33
or
the
adoption
service
provider,
either
HHS
or
the
adoption
34
service
provider
manages
the
remainder
of
the
existing
process,
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including
the
child
in
need
of
assistance
and
termination
of
1
parental
rights
proceedings.
2
The
bill
specifically
includes
adoption
service
providers
3
and
prospective
adoptive
homes
in
those
entities
who
may
4
have
access
to
the
record
developed
relating
to
release
5
of
the
newborn
infant.
The
bill
also
provides
that
the
6
information,
materials,
announcements,
and
other
resources
7
developed
regarding
the
newborn
safe
haven
Act
include
adoption
8
service
providers
as
distributors
of
the
resources
and
include
9
information
about
the
involvement
of
adoption
service
providers
10
under
the
newborn
safe
haven
Act,
and
identify
adoption
service
11
providers
to
whom
a
newborn
infant
may
be
relinquished.
12
The
bill
makes
other
conforming
changes
in
the
Code
to
13
include
the
involvement
of
adoption
service
providers
under
the
14
newborn
safe
haven
Act
as
provided
under
the
bill.
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