HB529 Alabama 2022 Session

Summary

Primary Sponsor

Arnold Mooney Representative

Republican

Session

Regular Session 2022

Title

Infants, Safe Harbor Act, provides for surrender of newborn infant to certain entities, provides for trearment of surrendered newborn infant, Dept. of Human Resources to assume custody of surrendered newborn infant, Secs. 26-25A-1 to 26-25A-7, inclusive, added; Secs. 26-25-1 to 26-25-5, inclusive, repealed.

Description

Under existing law, a parent may surrender a 72-hour old or younger infant to a hospital that operates an emergency department.

Under existing law, a parent who surrenders a child has an affirmative defense to the charges of nonsupport, abandonment of child, and endangering the welfare of a child.

This bill would repeal existing law relating to leaving an abandoned infant with an emergency medical services provider and replace it with a new Safe Harbor Act.

This bill would allow a parent to surrender a seven-day old or younger newborn infant to a fire station or emergency medical services station.

This bill would allow a mother who gives birth in a hospital to leave a newborn infant at the hospital and to decline being named on the infant's birth certificate.

This bill would require a fire station, emergency medical services station, or hospital to accept a surrendered newborn infant.

This bill would require certain hospitals to provide medical care to the infant and presume that the infant qualifies for Medicaid.

This bill would require the Department of Human Resources to take custody of the surrendered newborn infant and place the infant with a licensed child placing agency.

This bill would provide that a surrendered newborn is not considered abandoned and is not subject to any reporting and investigation requirements, unless there is actual or suspected child abuse or neglect. If there is actual or suspected child abuse or neglect, a hospital must report it.

This bill would allow a parent who surrenders a newborn infant to reclaim custody of the infant until a court terminates parental rights.

This bill would absolve hospitals, fire stations, and emergency medical services stations from certain liability relating to the care of a surrendered newborn infant.

This bill would also authorize the Department of Human Resources to adopt rules to implement this chapter.

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Subjects

Infants