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HF 2288

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 01:58pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to child protection; expanding the state's safe haven law; amending
Minnesota Statutes 2010, sections 145.902; 260C.217; 609.3785; proposing
coding for new law in Minnesota Statutes, chapter 604A.

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

Section 1.

Minnesota Statutes 2010, section 145.902, is amended to read:


145.902 SAFE PLACE FOR NEWBORNS; deleted text begin HOSPITALdeleted text end DUTIES; IMMUNITY.

Subdivision 1.

General.

new text begin (a) For purposes of this section, a "safe place" means a
hospital licensed under sections 144.50 to 144.56, a facility operated by a law enforcement
agency as defined in section 626.841, subdivision 1, paragraph (e), or a fire station.
 new text end

deleted text begin (a)deleted text end new text begin (b)new text end A deleted text begin hospital licensed under sections 144.50 to 144.56deleted text end new text begin safe placenew text end shall receive a
newborn left with deleted text begin a hospitaldeleted text end new text begin annew text end employee on the deleted text begin hospitaldeleted text end premisesnew text begin of the safe placenew text end ,
provided that:

(1) the newborn was born within deleted text begin 72 hoursdeleted text end new text begin 30 daysnew text end of being left at the deleted text begin hospitaldeleted text end new text begin safe
placenew text end , as determined within a reasonable degree of medical certainty; and

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

deleted text begin (b)deleted text end new text begin (c)new text end The deleted text begin hospitaldeleted text end new text begin safe placenew text end 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 deleted text begin to the hospitaldeleted text end . The deleted text begin hospitaldeleted text end new text begin safe placenew text end may ask the mother or the person leaving
the newborn about the medical history of the mother or newborn but the mother or the
person leaving the newborn is not required to provide any information. The deleted text begin hospitaldeleted text end new text begin safe
placenew text end may provide the mother or the person leaving the newborn with information about
how to contact relevant social service agencies.

Subd. 2.

Reporting.

new text begin (a) new text end Within 24 hours of receiving a newborn under this section,
the deleted text begin hospitaldeleted text end new text begin safe placenew text end must inform the deleted text begin local welfaredeleted text end new text begin responsible social servicenew text end agency
that a newborn has been left deleted text begin at the hospitaldeleted text end , but must not do so before the mother or the
person leaving the newborn leaves the deleted text begin hospitaldeleted text end new text begin premisesnew text end .

new text begin (b) Pending assumption of legal responsibility of the newborn by the responsible
social service agency, a safe place that receives a newborn shall examine the newborn and
provide necessary care and treatment, if any is required, or shall transport the newborn to
a hospital for care.
 new text end

Subd. 3.

Immunity.

(a) A deleted text begin hospitaldeleted text end new text begin safe placenew text end with responsibility for performing
duties under this section, and any employee, doctor, new text begin peace officer, new text end or other deleted text begin medicaldeleted text end
professional working at the deleted text begin hospitaldeleted text end new text begin safe placenew text end , deleted text begin aredeleted text end new text begin isnew text end 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 deleted text begin hospitaldeleted text end new text begin safe placenew text end performing duties under this section, or an employee,
doctor, new text begin peace officer, new text end or other deleted text begin medicaldeleted text end professional working at the deleted text begin hospitaldeleted text end new text begin safe placenew text end
who is a mandated reporter under section 626.556, 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.

Sec. 2.

Minnesota Statutes 2010, section 260C.217, is amended to read:


260C.217 SAFE PLACE FOR NEWBORNS.

Subdivision 1.

Duty to attempt reunification, duty to search for relatives, and
preferences not applicable.

A local social service agency taking custody of a child after
discharge from a deleted text begin hospitaldeleted text end new text begin safe placenew text end that received a child under section 145.902 is not
required to attempt to reunify the child with the child's parents. Additionally, the agency is
not required to search for relatives of the child as a placement or permanency option under
section 260C.212, subdivision 5, or to implement other placement requirements that give
a preference to relatives if the agency does not have information as to the identity of the
child, the child's mother, or the child's father.

Subd. 2.

Status of child.

For purposes of proceedings under this chapter and
adoption proceedings, a newborn left at a deleted text begin hospitaldeleted text end new text begin safe placenew text end under section 145.902 is
considered an abandoned child.

Sec. 3.

new text begin [604A.04] SAFE PLACE FOR NEWBORNS.
 new text end

new text begin Persons with whom a newborn is left pursuant to section 145.902 are immune from
liability to the extent provided in section 145.902, subdivision 3.
 new text end

Sec. 4.

Minnesota Statutes 2010, section 609.3785, is amended to read:


609.3785 UNHARMED NEWBORNS LEFT AT deleted text begin HOSPITALSdeleted text end new text begin SAFE PLACEnew text end ;
AVOIDANCE OF PROSECUTION.

A person may leave a newborn with a hospital employee at a hospital in this statenew text begin , or
with an employee at a law enforcement agency or fire station,new text end without being subjected
to prosecution for that act, provided that:

(1) the newborn was born within deleted text begin 72 hoursdeleted text end new text begin 30 daysnew text end of being left at the hospitalnew text begin ,
law enforcement agency, or fire stationnew text end , as determined within a reasonable degree of
medical certainty;

(2) the newborn is left in an unharmed condition; and

(3) in cases where the person leaving the newborn is not the newborn's mother, the
person has the mother's approval to do so.