HF 3597

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to child protection; providing time frames under which an unharmed
newborn may be left at a hospital with a hospital employee; providing that a
relative search must not be conducted; amending Minnesota Statutes 2004,
sections 145.902, subdivision 1; 260C.212, subdivision 5; 260C.217, subdivision
1.

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

Section 1.

Minnesota Statutes 2004, section 145.902, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) A hospital licensed under sections 144.50 to 144.56
shall receive a newborn left with a hospital employee on the hospital premises, provided
that:

(1) the newborn was born within deleted text begin 72 hours deleted text end new text begin seven days new text end of being left at the hospital, as
determined within a reasonable degree of medical certainty; and

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

(b) The hospital 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 hospital 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 hospital may provide the
mother or the person leaving the newborn with information about how to contact relevant
social service agencies.

new text begin (c) A hospital shall receive a newborn who was born at the hospital whose mother
decides to leave the infant at the hospital. The hospital must not disclose the identity
of the mother.
new text end

new text begin (d) A parent of a newborn or an interested person may call 911 or an emergency
medical service provider, and the person receiving the call shall send a law enforcement
officer or emergency medical personnel to meet the parent or interested person and receive
custody of the newborn.
new text end

Sec. 2.

Minnesota Statutes 2004, section 260C.212, subdivision 5, is amended to read:

Subd. 5.

Relative search; nature.

(a) In implementing the requirement that
the responsible social services agency must consider placement with a relative under
subdivision 2 without delay after identifying the need for placement of the child in foster
care, the responsible social services agency shall identify relatives of the child and notify
them of the need for a foster care home for the child and of the possibility of the need
for a permanent out-of-home placement of the child. The relative search required by this
section shall be reasonable and comprehensive in scope and may last up to six months or
until a fit and willing relative is identified. The relative search required by this section
shall include both maternal relatives of the child and paternal relatives of the child, if
paternity is adjudicated. The relatives must be notified that they must keep the responsible
social services agency informed of their current address in order to receive notice that a
permanent placement is being sought for the child. A relative who fails to provide a
current address to the responsible social services agency forfeits the right to notice of
the possibility of permanent placement. A decision by a relative not to be a placement
resource at the beginning of the case shall not affect whether the relative is considered for
placement of the child with that relative later.

(b) A responsible social services agency may disclose private or confidential data,
as defined in section 13.02, to relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is necessary to facilitate possible
placement with relatives. If the child's parent refuses to give the responsible social
services agency information sufficient to identify the maternal and paternal relatives of the
child, the agency shall ask the juvenile court to order the parent to provide the necessary
information. If a parent makes an explicit request that relatives or a specific relative not be
contacted or considered for placement, the agency shall bring the parent's request to the
attention of the court to determine whether the parent's request is consistent with the best
interests of the child and the agency shall not contact relatives or a specific relative unless
authorized to do so by the juvenile court.

(c) When the placing agency determines that a permanent placement hearing is
necessary because there is a likelihood that the child will not return to a parent's care, the
agency may send the notice provided in paragraph (d), may ask the court to modify the
requirements of the agency under this paragraph, or may ask the court to completely
relieve the agency of the requirements of this paragraph. The relative notification
requirements of this paragraph do not apply when the child is placed with an appropriate
relative or a foster home that has committed to being the permanent legal placement for
the child and the agency approves of that foster home for permanent placement of the
child. The actions ordered by the court under this section must be consistent with the best
interests, safety, and welfare of the child.

(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (c), when the agency determines that it is necessary to prepare for
the permanent placement determination hearing, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to the relatives, any adult with
whom the child is currently residing, any adult with whom the child has resided for one
year or longer in the past, and any adults who have maintained a relationship or exercised
visitation with the child as identified in the agency case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the notice may
indicate to the agency their interest in providing a permanent home. The notice must state
that within 30 days of receipt of the notice an individual receiving the notice must indicate
to the agency the individual's interest in providing a permanent home for the child or that
the individual may lose the opportunity to be considered for a permanent placement.

(e) The Department of Human Services shall develop a best practices guide and
specialized staff training to assist the responsible social services agency in performing and
complying with the relative search requirements under this subdivision.

new text begin (f) A search for the mother or relatives must not be conducted for an infant received
by a hospital under section 145.902.
new text end

Sec. 3.

Minnesota Statutes 2004, section 260C.217, subdivision 1, is amended to read:

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 hospital that received a child under section 145.902 is not required
to attempt to reunify the child with the child's parents. deleted text begin Additionally, deleted text end The agency deleted text begin is
not required to deleted text end new text begin or the commissioner of human services must not new text end 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.