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, and local welfare agencies; 
  1.6             amending Minnesota Statutes 1998, section 609.378, 
  1.7             subdivision 2; proposing coding for new law in 
  1.8             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   as determined within a reasonable degree of medical certainty. 
  2.3      Subd. 2.  [LEAVING A NEWBORN.] A mother of a newborn may 
  2.4   leave a newborn at any hospital emergency room.  A person other 
  2.5   than the mother may also leave a newborn at a hospital emergency 
  2.6   room with the mother's consent.  A newborn left at a hospital 
  2.7   under this subdivision is an abandoned child, but the mother or 
  2.8   the person leaving the newborn will receive the benefit of the 
  2.9   protections granted under this section and section 609.378, 
  2.10  subdivision 2, paragraph (b). 
  2.11     Subd. 3.  [HOSPITAL PROCEDURES.] A hospital must accept a 
  2.12  newborn left under this section.  A hospital may ask the mother 
  2.13  or the person leaving the newborn about the mother's and the 
  2.14  newborn's medical history.  However, the mother or the person 
  2.15  leaving the newborn is not required to provide any information, 
  2.16  including the name of the mother or the person leaving the 
  2.17  newborn.  The hospital may provide the mother or person leaving 
  2.18  the newborn with a numbered identification bracelet to aid in 
  2.19  linking the mother or person leaving the newborn to the newborn 
  2.20  at a later date, if reunification is sought.  Such a bracelet is 
  2.21  an identification aid only and does not permit the person 
  2.22  possessing the bracelet to take custody of the newborn on 
  2.23  demand.  The hospital may provide the mother or person leaving 
  2.24  the newborn with any relevant information, including: 
  2.25     (1) information about the safe place for newborns program; 
  2.26     (2) information about adoption and counseling services, 
  2.27  including information that confidential adoption services are 
  2.28  available and information about the benefits of engaging in a 
  2.29  regular, voluntary adoption process; 
  2.30     (3) brochures or telephone numbers for public or private 
  2.31  agencies that provide counseling or adoption services; and 
  2.32     (4) information about who to contact if reunification is 
  2.33  sought. 
  2.34     Subd. 4.  [REPORTING.] Within 24 hours of receiving a 
  2.35  newborn under this section, the hospital must inform the local 
  2.36  welfare agency that a newborn has been left at the hospital, but 
  3.1   must not do so before the mother or the person leaving the 
  3.2   newborn leaves the hospital. 
  3.3      Subd. 5.  [HOSPITAL IMMUNITY.] A hospital and its agents 
  3.4   are immune from any criminal or civil liability for accepting a 
  3.5   newborn under this section. 
  3.6      Subd. 6.  [LOCAL WELFARE AGENCY RESPONSE.] Upon receiving a 
  3.7   report of a newborn left at a hospital under this section, if it 
  3.8   appears that the newborn was not abused or neglected, the local 
  3.9   welfare agency must proceed under section 626.556 and chapter 
  3.10  260C except that they must not attempt to identify, contact, or 
  3.11  investigate the mother or person who left the newborn at the 
  3.12  hospital.  However, if it appears that the newborn was abused or 
  3.13  neglected, the agency must fully investigate the matter as 
  3.14  required by law. 
  3.15     Subd. 7.  [PROCEDURE IF REUNIFICATION IS REQUESTED.] (a) If 
  3.16  a person claiming to be the mother, father, or person who left 
  3.17  the newborn at the hospital contacts the agency and requests to 
  3.18  be reunited with the newborn, the agency may proceed to 
  3.19  identify, contact, and investigate the person as required under 
  3.20  section 626.556, chapter 260C, and all other applicable laws. 
  3.21     (b) If a person contacts the agency seeking information 
  3.22  only, the agency must not attempt to identify or investigate the 
  3.23  person.  In that case, the agency may provide public information 
  3.24  to the person and may otherwise advise the person regarding the 
  3.25  procedures in such a case. 
  3.26     Subd. 8.  [BRACELET; EFFECT.] If a person possesses a 
  3.27  bracelet linking the person to a newborn left at a hospital 
  3.28  under this section and parental rights have not already been 
  3.29  terminated, possession of the bracelet creates a presumption 
  3.30  that the person has standing to participate in a child in need 
  3.31  of protection or services action brought under chapter 260C.  
  3.32  Possession of the bracelet does not create a presumption of 
  3.33  maternity, paternity, or custody. 
  3.34     Sec. 3.  [EFFECTIVE DATE.] 
  3.35     Sections 1 and 2 are effective the day following final 
  3.36  enactment.