Bill Text: IA HF425 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to the release of custody of a newborn infant under the newborn safe haven Act. (Formerly HSB 136.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. H.J. 1040. [HF425 Detail]
Download: Iowa-2023-HF425-Enrolled.html
House
File
425
-
Enrolled
House
File
425
AN
ACT
RELATING
TO
THE
RELEASE
OF
CUSTODY
OF
A
NEWBORN
INFANT
UNDER
THE
NEWBORN
SAFE
HAVEN
ACT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
233.1,
Code
2023,
is
amended
to
read
as
follows:
233.1
Newborn
safe
haven
Act
——
definitions.
1.
This
chapter
may
be
cited
as
the
“Newborn
Safe
Haven
Act”
.
2.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
House
File
425,
p.
2
a.
“Emergency
medical
care
provider
location”
means
the
physical
business
location
of
an
emergency
medical
care
provider.
b.
“Fire
department”
means
a
paid
or
volunteer
fire
protection
service
provided
by
a
benefited
fire
district
under
chapter
357B
or
by
a
county,
municipality
or
township,
or
a
private
corporate
organization
that
has
a
valid
contract
to
provide
fire
protection
service
for
a
benefited
fire
district,
county,
municipality,
township,
or
governmental
agency.
c.
“Fire
station”
means
the
physical
business
location
of
a
fire
department.
a.
d.
“First
responder”
means
an
emergency
medical
care
provider
as
defined
in
section
147A.1
,
a
registered
nurse
staffing
an
authorized
service
program
under
section
147A.12
,
a
physician
assistant
staffing
an
authorized
service
program
under
section
147A.13
,
a
fire
fighter,
or
a
peace
officer
as
defined
in
section
801.4
.
b.
e.
“Institutional
health
facility”
means
a
hospital
as
defined
in
section
135B.1
,
including
a
facility
providing
medical
or
health
services
that
is
open
twenty-four
hours
per
day,
seven
days
per
week
,
and
is
including
a
hospital
emergency
room
or
a
health
care
facility
as
defined
in
section
135C.1
.
c.
f.
“Newborn
infant”
means
a
child
who
is,
or
who
appears
to
be,
ninety
days
of
age
or
younger.
g.
“Newborn
safety
device”
means
a
padded
and
climate-controlled
receptacle
that
meets
one
of
the
following
requirements:
(1)
If
the
receptacle
is
located
at
a
hospital,
the
receptacle
is
conspicuous
and
visible
to
hospital
staff.
(2)
If
the
receptacle
is
located
at
a
fire
station
or
an
emergency
medical
care
provider
location:
(a)
The
fire
station
or
emergency
medical
care
provider
location
is
staffed
by
a
first
responder
twenty-four
hours
per
day,
seven
days
per
week,
notwithstanding
the
time
staff
is
dispatched
for
an
emergency.
(b)
The
receptacle
is
located
in
an
area
that
is
conspicuous
and
visible
to
staff,
or
the
receptacle
is
located
in
an
area
that
is
not
visible
to
staff
but
is
equipped
with
a
motion
sensor
and
a
dual
alarm
system.
The
dual
alarm
system
shall
House
File
425,
p.
3
be
programmed
to
sound
first
when
the
receptacle
is
opened,
immediately
placing
a
telephone
call
to
a
911
service
and
dispatching
an
emergency
medical
care
provider
or
a
fire
fighter
to
the
location
of
the
receptacle,
and
to
sound
a
second
time,
immediately
placing
a
telephone
call
to
a
911
service
after
movement
is
detected
inside
the
receptacle.
Sec.
2.
Section
233.2,
Code
2023,
is
amended
to
read
as
follows:
233.2
Newborn
infant
custody
release
procedures.
1.
a.
A
parent
of
a
newborn
infant
may
voluntarily
release
custody
of
the
newborn
infant
by
as
follows:
(1)
By
relinquishing
physical
custody
of
the
newborn
infant,
without
expressing
an
intent
to
again
assume
physical
custody,
at
an
institutional
health
facility
or
a
fire
station,
or
by
authorizing
another
person
to
relinquish
physical
custody
on
the
parent’s
behalf.
If
physical
custody
of
the
newborn
infant
is
not
relinquished
directly
to
an
individual
on
duty
at
the
an
institutional
health
facility
or
a
fire
station
,
the
parent
may
take
other
actions
to
be
reasonably
sure
that
an
individual
on
duty
is
aware
that
the
newborn
infant
has
been
left
at
the
institutional
health
facility
or
fire
station
.
The
actions
may
include
but
are
not
limited
to
making
telephone
contact
with
the
institutional
health
facility
or
fire
station,
or
a
911
service.
(2)
By
relinquishing
physical
custody
of
the
newborn
infant
to
medical
staff
at
a
hospital
or
other
facility
following
delivery
of
the
newborn
infant
in
the
hospital
or
other
facility
when
the
parent
notifies
the
medical
staff
that
the
parent
is
voluntarily
relinquishing
physical
custody
of
the
newborn
infant
without
expressing
an
intent
to
again
assume
physical
custody.
(3)
By
relinquishing
physical
custody
of
the
newborn
infant
at
a
hospital,
a
fire
station,
or
an
emergency
medical
care
provider
location,
through
a
newborn
safety
device,
without
expressing
an
intent
to
again
assume
physical
custody.
b.
In
lieu
of
the
procedure
described
in
paragraph
“a”
,
a
parent
of
a
newborn
infant
may
make
telephone
contact
with
a
911
service
and
relinquish
physical
custody
of
the
newborn
infant,
without
expressing
an
intent
to
again
assume
physical
House
File
425,
p.
4
custody,
to
a
first
responder
who
responds
to
the
911
telephone
call.
c.
For
the
purposes
of
this
chapter
and
for
any
judicial
proceedings
associated
with
the
newborn
infant,
a
rebuttable
presumption
arises
that
the
person
who
relinquishes
physical
custody
at
an
institutional
health
facility
or
to
a
first
responder
in
accordance
with
this
section
is
the
newborn
infant’s
parent
or
has
relinquished
physical
custody
with
the
parent’s
authorization.
2.
a.
Unless
the
parent
or
other
person
relinquishing
physical
custody
of
a
newborn
infant
clearly
expresses
an
intent
to
return
to
again
assume
physical
custody
of
the
newborn
infant,
an
individual
on
duty
or
medical
staff,
as
applicable,
at
the
institutional
health
facility
,
emergency
medical
care
provider
location,
or
fire
station
at
which
physical
custody
of
the
newborn
infant
was
relinquished,
or
a
first
responder
to
whom
physical
custody
of
the
newborn
infant
was
relinquished,
pursuant
to
subsection
1
shall
take
physical
custody
of
the
newborn
infant.
The
individual
on
duty
or
first
responder
who
takes
physical
custody
of
the
newborn
infant
may
request
the
parent
or
other
person
to
provide
the
name
of
the
parent
or
parents
and
information
on
the
medical
history
of
the
newborn
infant
and
the
newborn
infant’s
parent
or
parents.
However,
the
parent
or
other
person
is
not
required
to
provide
the
names
or
medical
history
information
to
comply
with
this
section
.
The
individual
on
duty
or
first
responder
who
takes
custody
of
the
newborn
infant
may
perform
reasonable
acts
necessary
to
protect
the
physical
health
or
safety
of
the
newborn
infant.
The
individual
on
duty
and
who
takes
custody
of
the
newborn
infant,
the
institutional
health
facility
in
,
the
emergency
medical
care
provider
location,
or
the
fire
station
at
which
the
individual
was
on
duty
took
custody
of
the
newborn
infant,
and
the
first
responder
are
immune
from
criminal
or
civil
liability
for
any
acts
or
omissions
made
in
good
faith
to
comply
with
this
section
.
b.
If
the
physical
custody
of
a
newborn
infant
is
relinquished
at
an
emergency
medical
care
provider
location
or
a
fire
station,
or
to
a
first
responder
who
responded
to
a
911
telephone
call
,
the
individual
who
took
physical
custody
House
File
425,
p.
5
of
the
newborn
infant
or
the
first
responder
shall
transport
the
newborn
infant
to
the
nearest
institutional
health
facility.
The
individual
or
first
responder
shall
provide
any
parental
identification
or
medical
history
information
to
the
institutional
health
facility.
c.
If
the
physical
custody
of
the
newborn
infant
is
relinquished
at
an
institutional
health
facility,
the
state
shall
reimburse
the
institutional
health
facility
for
the
institutional
health
facility’s
actual
expenses
in
providing
care
to
the
newborn
infant
and
in
performing
acts
necessary
to
protect
the
physical
health
or
safety
of
the
newborn
infant.
The
reimbursement
shall
be
paid
from
moneys
appropriated
for
this
purpose
to
the
department
of
human
services.
d.
If
the
name
of
the
parent
is
unknown
to
the
institutional
health
facility,
the
individual
on
duty
or
other
person
designated
by
the
institutional
health
facility
at
which
physical
custody
of
the
newborn
infant
was
relinquished
shall
submit
the
certificate
of
birth
report
as
required
pursuant
to
section
144.14
.
If
the
name
of
the
parent
is
disclosed
to
the
institutional
health
facility,
the
facility
shall
submit
the
certificate
of
birth
report
as
required
pursuant
to
section
144.13
.
The
department
of
public
health
and
human
services
shall
not
file
the
certificate
of
birth
with
the
county
of
birth
and
shall
otherwise
maintain
the
confidentiality
of
the
birth
certificate
in
accordance
with
section
144.43
.
3.
As
soon
as
possible
after
the
individual
on
duty
or
first
responder
assumes
physical
custody
of
a
newborn
infant
released
under
subsection
1
,
the
individual
or
first
responder
shall
notify
the
department
of
health
and
human
services
and
the
department
shall
take
the
actions
necessary
to
assume
the
care,
control,
and
custody
of
the
newborn
infant.
The
department
shall
immediately
notify
the
juvenile
court
and
the
county
attorney
of
the
department’s
action
and
the
circumstances
surrounding
the
action
and
request
an
ex
parte
order
from
the
juvenile
court
ordering,
in
accordance
with
the
requirements
of
section
232.78
,
the
department
to
take
custody
of
the
newborn
infant.
Upon
receiving
the
order,
the
department
shall
take
custody
of
the
newborn
infant.
Within
twenty-four
hours
of
taking
custody
of
the
newborn
infant,
the
department
shall
House
File
425,
p.
6
notify
the
juvenile
court
and
the
county
attorney
in
writing
of
the
department’s
action
and
the
circumstances
surrounding
the
action.
4.
a.
Upon
being
notified
in
writing
by
the
department
under
subsection
3
,
the
county
attorney
shall
file
a
petition
alleging
the
newborn
infant
to
be
a
child
in
need
of
assistance
in
accordance
with
section
232.87
and
a
petition
for
termination
of
parental
rights
with
respect
to
the
newborn
infant
in
accordance
with
section
232.111,
subsection
2
,
paragraph
“a”
.
A
hearing
on
a
child
in
need
of
assistance
petition
filed
pursuant
to
this
subsection
shall
be
held
at
the
earliest
practicable
time.
A
hearing
on
a
termination
of
parental
rights
petition
filed
pursuant
to
this
subsection
shall
be
held
no
later
than
thirty
days
after
the
day
the
physical
custody
of
the
newborn
child
was
relinquished
in
accordance
with
subsection
1
unless
the
juvenile
court
continues
the
hearing
beyond
the
thirty
days
for
good
cause
shown.
b.
Notice
of
a
petition
filed
pursuant
to
this
subsection
shall
be
provided
to
any
known
parent
and
others
in
accordance
with
the
provisions
of
chapter
232
and
shall
be
served
upon
any
putative
father
registered
with
the
state
registrar
of
vital
statistics
pursuant
to
section
144.12A
.
In
addition,
prior
to
holding
a
termination
of
parental
rights
hearing
with
respect
to
the
newborn
infant,
notice
by
publication
shall
be
provided
as
described
in
section
600A.6,
subsection
5
.
5.
Reasonable
efforts,
as
defined
in
section
232.102
,
that
are
made
in
regard
to
the
newborn
infant
shall
be
limited
to
the
efforts
made
in
a
timely
manner
to
finalize
a
permanency
plan
for
the
newborn
infant.
6.
An
individual
on
duty
at
an
institutional
health
facility
or
first
responder
who
assumes
custody
of
a
newborn
infant
upon
the
release
of
the
newborn
infant
under
subsection
1
shall
be
provided
notice
of
any
hearing
held
concerning
the
newborn
infant
at
the
same
time
notice
is
provided
to
other
parties
to
the
hearing
and
the
individual
or
first
responder
may
provide
testimony
at
the
hearing.
Sec.
3.
Section
233.4,
Code
2023,
is
amended
to
read
as
follows:
House
File
425,
p.
7
233.4
Rights
of
parents.
Either
parent
of
a
newborn
infant
whose
custody
was
released
in
accordance
with
section
233.2
may
intervene
in
the
child
in
need
of
assistance
or
termination
of
parental
rights
proceedings
held
regarding
the
newborn
infant
and
request
that
the
juvenile
court
grant
custody
of
the
newborn
infant
to
the
parent.
The
requester
must
show
by
clear
and
convincing
evidence
including
but
not
limited
to
by
the
use
of
DNA
profiling
as
defined
in
section
81.1
that
the
requester
is
the
parent
of
the
newborn
infant.
If
the
court
determines
that
the
requester
is
the
parent
of
the
newborn
infant
and
that
granting
custody
of
the
newborn
infant
to
the
parent
is
in
the
newborn
infant’s
best
interest,
the
court
shall
issue
an
order
granting
custody
of
the
newborn
infant
to
the
parent.
In
addition
to
such
order,
the
court
may
order
services
for
the
newborn
infant
and
the
parent
as
are
in
the
best
interest
of
the
newborn
infant.
Sec.
4.
Section
233.6,
Code
2023,
is
amended
to
read
as
follows:
233.6
Educational
and
public
information.
The
department
of
health
and
human
services
,
in
consultation
with
the
Iowa
department
of
public
health
and
the
department
of
justice
,
shall
develop
and
distribute
the
following:
1.
An
information
card
or
other
publication
for
distribution
by
an
institutional
health
facility
,
an
emergency
medical
care
provider
location,
a
fire
station,
or
a
first
responder
to
a
parent
who
releases
custody
of
a
newborn
infant
in
accordance
with
this
chapter
.
The
publication
shall
inform
the
parent
of
a
parent’s
rights
under
section
233.4
,
explain
the
request
for
medical
history
information
under
section
233.2,
subsection
2
,
and
provide
other
information
deemed
pertinent
by
the
departments.
2.
Educational
materials,
public
information
announcements,
and
other
resources
to
develop
awareness
of
the
availability
of
the
newborn
safe
haven
Act
among
adolescents,
young
parents,
and
others
who
might
avail
themselves
of
this
chapter
.
3.
Signage
that
may
be
used
to
identify
the
institutional
health
facilities
,
emergency
medical
care
provider
locations,
House
File
425,
p.
8
or
fire
stations,
at
which
physical
custody
of
a
newborn
infant
may
be
relinquished
in
accordance
with
this
chapter
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
425,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
