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HF 1559

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 12:50pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2021
1st Engrossment Posted on 03/08/2021
2nd Engrossment Posted on 03/11/2021

Current Version - 2nd Engrossment

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A bill for an act
relating to children; modifying adoption provisions; adding safe place for newborns
provisions; modifying child welfare program provisions; modifying Northstar
kinship assistance provisions; amending Minnesota Statutes 2020, sections 144.216,
by adding subdivisions; 144.218, by adding a subdivision; 144.226, subdivision
1; 145.902.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144.216, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Reporting safe place newborn births. new text end

new text begin A hospital that receives a safe place
newborn under section 145.902 shall report the birth of the newborn to the Office of Vital
Records within five days after receiving the newborn. The state registrar must register
information about the safe place newborn according to part 4601.0600, subpart 4, item C.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 144.216, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Status of safe place birth registrations. new text end

new text begin (a) Information about the safe place
newborn registered under subdivision 3 shall constitute the record of birth for the child. The
birth record for the child is confidential data on individuals as defined in section 13.02,
subdivision 3. Information about the child's birth record or a child's birth certificate issued
from the child's birth record shall be disclosed only to the responsible social services agency
as defined in section 260C.007, subdivision 27a, or pursuant to court order.
new text end

new text begin (b) Pursuant to section 144.218, subdivision 6, if the safe place newborn was born in a
hospital and it is known that the child's record of birth was registered, the Office of Vital
Records shall replace the original birth record registered under section 144.215.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 144.218, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Safe place newborns. new text end

new text begin If a hospital receives a safe place newborn under section
145.902 and it is known that the child's record of birth was registered, the hospital shall
report the newborn to the Office of Vital Records and identify the child's birth record. The
state registrar shall issue a replacement birth record for the child that is free of information
that identifies a parent. The prior vital record is confidential data on individuals as defined
in section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 144.226, subdivision 1, is amended to read:


Subdivision 1.

Which services are for fee.

(a) The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(b) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable.

(c) The fee for processing a request for the replacement of a birth record for all events,
except new text begin for safe place newborns pursuant to section 144.218, subdivision 6, and new text end when filing
a recognition of parentage pursuant to section 257.73, subdivision 1, is $40. The fee is
payable at the time of application and is nonrefundable.

(d) The fee for administrative review and processing of a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of
application and is nonrefundable.

(e) The fee for administrative review and processing of a request for the amendment of
any vital record is $40. The fee is payable at the time of application and is nonrefundable.

(f) The fee for administrative review and processing of a request for the verification of
information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

(g) The fee for administrative review and processing of a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a related document
cannot be found is $9. The fee is payable at the time of application and is nonrefundable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 145.902, is amended to read:


145.902 GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS DUTIES;
IMMUNITY.

Subdivision 1.

General.

(a) For purposes of this section, a "safe place" means a hospital
licensed under sections 144.50 to 144.56,new text begin including the hospital where the newborn was
born,
new text end a health care provider who provides urgent care medical services, or an ambulance
service licensed under chapter 144E dispatched in response to a 911 call from a mother or
a person with the mother's permission to relinquish a newborn infant.

(b) A safe place shall receive a newborn left with an employee on the premises of the
safe place during its hours of operation, provided that:

(1) the newborn was born within seven days of being left at the safe place, as determined
within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

(c) The safe place must not inquire as to the identity of the mother or the person leaving
the newborn or call the police, provided the newborn is unharmed when presented to the
hospital. The safe place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn new text begin and if the newborn may have lineage to an Indian
tribe and, if known, the name of the tribe
new text end but the mother or the person leaving the newborn
is not required to provide any information. The safe place may provide the mother or the
person leaving the newborn with information about how to contact relevant social service
agencies.

(d) A safe place that is a health care provider who provides urgent care medical services
shall dial 911, advise the dispatcher that the call is being made from a safe place for
newborns, and ask the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An ambulance with whom a newborn is left shall
transport the newborn to a hospital for care. Hospitals must receive a newborn left with a
safe place and make the report as required in subdivision 2.

Subd. 2.

Reporting.

new text begin (a) new text end Within 24 hours of receiving a newborn under this section, the
hospital must inform the responsible social service agency that a newborn has been left at
the hospital, but must not do so in the presence of the mother or the person leaving the
newborn. The hospital must provide necessary care to the newborn pending assumption of
legal responsibility by the responsible social service agency pursuant to section 260C.139,
subdivision 5
.

new text begin (b) Within five days of receiving a newborn under this section, a hospital shall report
the newborn to the Office of Vital Records pursuant to section 144.216, subdivision 3. If a
hospital receives a safe place newborn under this section and it is known that the child's
record of birth was registered because the newborn was born at that hospital, the hospital
shall report the newborn to the Office of Vital Records and identify the child's birth record.
The state registrar shall issue a replacement birth record for the child pursuant to section
144.218, subdivision 6.
new text end

Subd. 3.

Immunity.

(a) A safe place with responsibility for performing duties under
this section, and any employee, doctor, ambulance personnel, or other medical professional
working at the safe place, are immune from any criminal liability that otherwise might result
from their actions, if they are acting in good faith in receiving a newborn, and are immune
from any civil liability that otherwise might result from merely receiving a newborn.

(b) A safe place performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the safe place who is a mandated reporter
under chapter 260E, is immune from any criminal or civil liability that otherwise might
result from the failure to make a report under that section if the person is acting in good
faith in complying with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end