Relating to placement of custody of a newborn infant under the newborn safe haven Act

This bill relates to the placement of custody of a child under Code chapter 233, the newborn safe haven Act. The bill includes definitions used in the bill for the purpose of Code chapter 233 including “adoption service provider” which means a state-licensed private agency which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code and which represents itself as placing children permanently or temporarily in private family homes, receiving children for placement in private family homes, and actually engaging in placement of children in private family homes for adoption. The bill amends the provisions relating to newborn infant custody release procedures under Code chapter 233 to provide for the relinquishing of physical custody of a newborn infant, in addition to an institutional health facility or a first responder, to an adoption service provider, and as a result further provides that the adoption service provider may request from the parent or other person relinquishing the child to provide the name of the parent or parents and information on the medical history of the newborn infant and the newborn infant’s parent or parents; may perform reasonable acts necessary to protect the physical health or safety of the newborn infant; is immune from criminal or civil liability for any acts or omissions made in good faith to comply with the bill; and shall transport the newborn infant to the nearest institutional health facility and provide any parental identification or medical history information to the institutional health facility. As soon as possible after an assuming physical custody of and transporting the newborn infant to the nearest institutional health facility, if applicable, the entity that initially took physical custody of the child, including an adoption service provider under the bill, shall notify the department of health and human services (HHS). Current Code chapter 233 directs HHS, once notified, to follow a process for HHS to take care, custody, and control of the newborn infant and then, if appropriate, proceed through child in need of assistance and termination of parental rights proceedings. The bill provides instead that if an adoption service provider initially assumes physical care of a newborn infant, the process would allow the adoption service provider, rather than HHS, to assume care, custody, and control of the newborn infant and proceed through the remainder of the process. Under the bill, if physical custody of the newborn infant was not initially relinquished to an adoption service provider, HHS would follow the existing process and take custody of the newborn infant. After taking custody of the newborn infant, under current law, HHS could then transfer custody of the child, in order of priority, to an adult relative of the child, a fictive kin, a suitable placement identified by the child’s relative, or foster care. The bill provides instead that if HHS takes custody of the newborn infant, notwithstanding any provision to the contrary relating to placement of the child, HHS shall, if feasible, place the newborn infant in a prospective adoptive home. The department shall maintain a list of prospective adoptive homes that have completed placement investigations and have been preapproved by HHS or a certified adoption investigator.78(9), the adoption service provider, rather than HHS, take custody of the newborn infant. Upon receiving the order, the adoption service provider takes custody of the newborn infant. The bill provides that depending on whether custody of the child is placed with HHS or the adoption service provider, either HHS or the adoption service provider manages the remainder of the existing process, including the child in need of assistance and termination of parental rights proceedings. The bill specifically includes adoption service providers and prospective adoptive homes in those entities who may have access to the record developed relating to release of the newborn infant. The bill also provides that the information, materials, announcements, and other resources developed regarding the newborn safe haven Act include adoption service providers as distributors of the resources and include information about the involvement of adoption service providers under the newborn safe haven Act, and identify adoption service providers to whom a newborn infant may be relinquished. The bill makes other conforming changes in the Code to include the involvement of adoption service providers under the newborn safe haven Act as provided under the bill.