HB1932112th GA (Historical)Introduced

Amends TCA Section 36-1-142 and Section 68-11-255.

This bill revises provisions governing the surrender of an infant, as discussed below. Under present law, a hospital, birthing center, community health clinic, out-patient walk-in clinic, fire department or law enforcement facility that is staffed 24 hours a day, and emergency medical services facility (collectively referred to as a "facility" under present law and this summary) is required to receive possession of any newborn infant left on facility premises with any facility employee or member of the professional medical community, if the infant: (1) Was born within the preceding two-week period, as determined within a reasonable degree of medical certainty; (2) Is left in an unharmed condition; and (3) Is voluntarily left by a person who purports to be the child's mother and who does not express an intention of returning for the infant. This bill revises the above provisions, as follows: (1) Changes the applicable birth timeframe in (1) from two weeks to 30 days; (2) Provides for surrender by a parent, whether a mother or father; and (3) Provides for the surrender of the infant via a newborn safety device as an alternative to surrender to an employee or member of the professional medical community. This bill defines "newborn safety device" as a device: (A) Designed to permit a parent to anonymously place a newborn infant aged 30 days or younger in the device with the intent to leave the newborn infant for an emergency medical services provider to remove the newborn infant from the device and take custody of the newborn infant; (B) Installed with an adequate dual alarm system connected to the physical location where the device is installed. This bill sets out in detail specific requirements for the dual alarm system; (C) Approved by and located inside a participating police station, fire station, or hospital that is licensed or otherwise legally operating in this state and staffed continuously on a 24-hour basis every day by a licensed emergency medical service provider; and (D) Located in an area that is conspicuous and visible to a police station, fire station, or hospital staff. This bill adds that a parent has the right to remain anonymous, must not be pursued, and will not be considered to have endangered a newborn infant if the parent: places the newborn infant with an emergency medical services provider, at a facility, or inside a newborn safety device; and expresses no intent to return to the newborn infant.

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Overview

This bill revises provisions governing the surrender of an infant, as discussed below. Under present law, a hospital, birthing center, community health clinic, out-patient walk-in clinic, fire department or law enforcement facility that is staffed 24 hours a day, and emergency medical services facility (collectively referred to as a "facility" under present law and this summary) is required to receive possession of any newborn infant left on facility premises with any facility employee or member of the professional medical community, if the infant: (1) Was born within the preceding two-week period, as determined within a reasonable degree of medical certainty; (2) Is left in an unharmed condition; and (3) Is voluntarily left by a person who purports to be the child's mother and who does not express an intention of returning for the infant. This bill revises the above provisions, as follows: (1) Changes the applicable birth timeframe in (1) from two weeks to 30 days; (2) Provides for surrender by a parent, whether a mother or father; and (3) Provides for the surrender of the infant via a newborn safety device as an alternative to surrender to an employee or member of the professional medical community. This bill defines "newborn safety device" as a device: (A) Designed to permit a parent to anonymously place a newborn infant aged 30 days or younger in the device with the intent to leave the newborn infant for an emergency medical services provider to remove the newborn infant from the device and take custody of the newborn infant; (B) Installed with an adequate dual alarm system connected to the physical location where the device is installed. This bill sets out in detail specific requirements for the dual alarm system; (C) Approved by and located inside a participating police station, fire station, or hospital that is licensed or otherwise legally operating in this state and staffed continuously on a 24-hour basis every day by a licensed emergency medical service provider; and (D) Located in an area that is conspicuous and visible to a police station, fire station, or hospital staff. This bill adds that a parent has the right to remain anonymous, must not be pursued, and will not be considered to have endangered a newborn infant if the parent: places the newborn infant with an emergency medical services provider, at a facility, or inside a newborn safety device; and expresses no intent to return to the newborn infant.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 24, 2022

Subjects
00450750

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