HF 2945

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child protection; providing for immunity 
  1.3             and anonymity when leaving an unharmed newborn at a 
  1.4             hospital emergency room; providing for procedures to 
  1.5             be followed by hospitals, local welfare agencies, and 
  1.6             law enforcement; amending Minnesota Statutes 1998, 
  1.7             section 609.378, subdivision 2; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 626. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 609.378, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [DEFENSES.] (a) It is a defense to a prosecution 
  1.13  under subdivision 1, paragraph (a), clause (2), or paragraph 
  1.14  (b), that at the time of the neglect or endangerment there was a 
  1.15  reasonable apprehension in the mind of the defendant that acting 
  1.16  to stop or prevent the neglect or endangerment would result in 
  1.17  substantial bodily harm to the defendant or the child in 
  1.18  retaliation.  
  1.19     (b) It is a defense to prosecution under subdivision 1, 
  1.20  paragraph (a) or (b), that the defendant voluntarily left a 
  1.21  newborn child, unharmed, at a hospital emergency room under 
  1.22  section 626.5564. 
  1.23     Sec. 2.  [626.5564] [SAFE PLACE FOR NEWBORNS.] 
  1.24     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.25  section, the following terms have the meanings given: 
  1.26     (a) "Hospital" means a facility licensed under sections 
  1.27  144.50 to 144.56. 
  2.1      (b) "Newborn" means a child between birth and 72 hours old. 
  2.2      Subd. 2.  [LEAVING A NEWBORN.] (a) A mother of a newborn 
  2.3   may leave a newborn at any hospital emergency room.  A person 
  2.4   other than the mother may also leave a newborn at a hospital 
  2.5   emergency room with the mother's consent.  A newborn left at a 
  2.6   hospital under this subdivision is an abandoned child, but the 
  2.7   mother or the person leaving the newborn will receive the 
  2.8   benefit of the protections granted under this section and 
  2.9   section 609.378, subdivision 2, paragraph (b). 
  2.10     Subd. 3.  [HOSPITAL PROCEDURES.] A hospital must accept a 
  2.11  newborn left under this section.  A hospital may ask the mother 
  2.12  or the person leaving the newborn about the mother's and the 
  2.13  newborn's medical history.  However, the mother or the person 
  2.14  leaving the newborn is not required to provide any information, 
  2.15  including the name of the mother or the person leaving the 
  2.16  newborn.  The hospital may provide the mother or person leaving 
  2.17  the newborn with a numbered identification bracelet to aid in 
  2.18  linking the mother or person leaving the newborn to the newborn 
  2.19  at a later date, if reunification is sought.  Such a bracelet is 
  2.20  an identification aid only and does not permit the person 
  2.21  possessing the bracelet to take custody of the newborn on 
  2.22  demand.  The hospital may provide the mother with a pamphlet or 
  2.23  other information regarding the safe place for newborns program 
  2.24  provided by the department of human services, the attorney 
  2.25  general's office, or the Minnesota county attorneys association. 
  2.26     Subd. 4.  [REPORTING.] Within 24 hours of receiving a 
  2.27  newborn under this section, the hospital must inform the local 
  2.28  welfare agency, police department, or county sheriff that a 
  2.29  newborn has been left at the hospital, but must not do so before 
  2.30  the mother or the person leaving the newborn leaves the hospital.
  2.31     Subd. 5.  [HOSPITAL IMMUNITY.] A hospital and its agents 
  2.32  are immune from any criminal or civil liability for accepting a 
  2.33  newborn under this section. 
  2.34     Subd. 6.  [COUNTY AND LAW ENFORCEMENT RESPONSE.] (a) Upon 
  2.35  receiving a report of a newborn left at a hospital under this 
  2.36  section, if it appears that the newborn was not abused or 
  3.1   neglected, the local welfare agency, police department, or the 
  3.2   county sheriff must proceed under section 626.556 and chapter 
  3.3   260C except that they must not attempt to identify, contact, or 
  3.4   investigate the mother or person who left the newborn at the 
  3.5   hospital.  However, if it appears that the newborn was abused or 
  3.6   neglected, the agencies must fully investigate the matter as 
  3.7   required by law. 
  3.8      Subd. 7.  [PROCEDURE IF REUNIFICATION IS REQUESTED.] (a) If 
  3.9   a person claiming to be the mother, father, or person who left 
  3.10  the newborn at the hospital contacts the agency and requests to 
  3.11  be reunited with the newborn, the agency may proceed to 
  3.12  identify, contact, and investigate the person as required under 
  3.13  section 626.556, chapter 260C, and all other applicable laws. 
  3.14     (b) If a person contacts the agency seeking information 
  3.15  only, the agency must not attempt to identify or investigate the 
  3.16  person.  In that case, the agency may provide public information 
  3.17  to the person and may otherwise advise the person regarding the 
  3.18  procedures in such a case. 
  3.19     Subd. 8.  [BRACELET; EFFECT.] If a person possesses a 
  3.20  bracelet linking the person to a newborn left at a hospital 
  3.21  under this section and parental rights have not already been 
  3.22  terminated, possession of the bracelet creates a presumption 
  3.23  that the person has standing to participate in a child in need 
  3.24  of protection or services action brought under chapter 260C.  
  3.25  Possession of the bracelet does not create a presumption of 
  3.26  maternity, paternity, or custody. 
  3.27     Subd. 9.  [PAMPHLET.] The department of human services may 
  3.28  collaborate with the attorney general's office and the Minnesota 
  3.29  county attorneys association to produce a pamphlet or similar 
  3.30  informational material for distribution to hospitals that can be 
  3.31  given to a mother or a person leaving a newborn under this 
  3.32  section, or to others interested in the program.  The pamphlet 
  3.33  may include the following information: 
  3.34     (1) an explanation of the safe place for newborns program; 
  3.35     (2) the legal ramifications and protections for the mother 
  3.36  or person leaving a newborn at a hospital under this section; 
  4.1      (3) what will happen to the newborn; 
  4.2      (4) how to contact the local welfare agency with questions 
  4.3   and what will happen if reunification is sought; 
  4.4      (5) timelines regarding termination of parental rights and 
  4.5   adoption; and 
  4.6      (6) other relevant information.