H.B. 125
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 15, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30064-NB-39
Short Title: Safe Surrender Infants. (Public)
Sponsors: Representative White.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REVISE THE LAWS PERTAINING TO THE SAFE SURRENDER OF
3 INFANTS UNDER THE ABUSE, NEGLECT, AND DEPENDENCY LAWS AND TO
4 MAKE CONFORMING STATUTORY CHANGES.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. Chapter 7B of the General Statutes is amended by adding a new Article
7 to read:
8 "Article 5A.
9 "Safe Surrender of Infants.
10 "§ 7B-520. Purpose; limitations.
11 (a) Purpose. – The purpose of this Article is to protect newborn infants by providing a
12 safe alternative for a parent who, in a crisis or in desperation, may physically abandon or harm
13 his or her newborn and to provide information for the parent regarding the parent's rights and
14 alternatives.
15 (b) Limitations. – The provisions of this Article apply exclusively to safely surrendered
16 infants as defined in G.S. 7B-101(19a). No person or agency shall act under the provisions of
17 this Article if it is determined that any of the following are true:
18 (1) A surrendered infant is not reasonably believed to be under 7 days old.
19 (2) The infant shows signs of abuse or neglect.
20 (3) There is reason to believe the individual surrendering the infant was not the
21 infant's parent.
22 (4) At the time the infant was surrendered, there was reason to believe the parent
23 intended to return for the infant.
24 "§ 7B-521. Persons to whom infant may be surrendered.
25 The following individuals shall, without a court order, take into temporary custody an infant
26 reasonably believed to be under 7 days of age that is voluntarily delivered to the individual by
27 the infant's parent who does not express an intent to return for the infant:
28 (1) A health care provider, as defined under G.S. 90-21.11, who is on duty or at a
29 hospital or at a local or district health department or at a nonprofit community
30 health center.
31 (2) A first responder, including a law enforcement officer, a certified emergency
32 medical services worker, or a firefighter.
33 (3) A social services worker who is on duty or at a local department of social
34 services.
35 "§ 7B-522. Duties of person taking safely surrendered infant into temporary custody.
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1 An individual who takes an infant into temporary custody under G.S. 7B-521 shall perform
2 any act necessary to protect the physical health and well-being of the infant and immediately
3 notify the department of social services in the county where the infant is surrendered. The
4 individual may inquire as to the parents' identities, the date of birth of the infant, any relevant
5 medical history, and the parents' marital status and may advise the parent that if the parent
6 provides that information, it may facilitate the adoption of the child. However, the individual
7 shall notify the parent that the parent is not required to provide the information. The individual,
8 if practical, shall provide the surrendering parent with written information created by the
9 Department of Health and Human Services, Division of Social Services, as set forth in
10 G.S. 7B-528.
11 "§ 7B-523. Immunity for those receiving infant.
12 An individual to whom an infant was surrendered under G.S. 7B-521 is immune from any
13 civil or criminal liability that might otherwise be incurred or imposed as a result of any omission
14 or action taken pursuant to the requirements of this Article as long as that individual was acting
15 in good faith. The immunity established by this section does not extend to gross negligence,
16 wanton conduct, or intentional wrongdoing that would otherwise be actionable.
17 "§ 7B-524. Confidentiality of information and records.
18 (a) Except as otherwise provided in subsection (b) of this section, unless a parent
19 consents to its release, an individual who takes an infant into temporary custody under this Article
20 and any facility involved in the care of the infant at the time the infant is taken into temporary
21 custody shall keep information regarding the surrendering parent's identity confidential.
22 (b) An individual taking an infant into temporary custody under this Article shall provide
23 to the director of the department of social services any information known about the infant, the
24 infant's parents, including their identity, any medical history, and the circumstances of surrender.
25 (c) All information about the surrendering parent's identity that is received or obtained
26 by the department of social services shall not be disclosed except for (i) notice to local law
27 enforcement pursuant to G.S. 7B-525(b)(3), (ii) contact with the non-surrendering parent, or (iii)
28 as otherwise ordered by a court of this State.
29 (d) All information received by the department of social services related to the
30 circumstances of the infant's safe surrender and the infant's condition shall be held in strictest
31 confidence and shall not be disclosed except as provided in this section.
32 (1) The director may consult with and share information that the director
33 determines is necessary or relevant to the case with (i) a health care provider
34 that provided medical treatment to the safely surrendered infant before, at the
35 time of, or after the safe surrender, (ii) a placement provider, including a foster
36 care placement or pre-adoptive placement, for the infant, (iii) a court
37 exercising jurisdiction over an adoption proceeding for the infant, and (iv) any
38 agency that a court in an adoption proceeding requires to conduct a
39 preplacement assessment, report to the court, or equivalent.
40 (2) A guardian ad litem appointed in a termination of parental rights proceeding
41 resulting from the infant's safe surrender may examine and obtain written
42 copies of the record.
43 (3) A district or superior court judge of this State presiding over a civil, criminal,
44 or delinquency matter in which the department of social services is not a party
45 may order the department to release confidential information after providing
46 the department with reasonable notice and an opportunity to be heard and then
47 determining that the information is relevant and necessary to the trial of the
48 matter before the court and unavailable from any other source. The department
49 of social services shall surrender the requested records to the court, which
50 shall conduct an in-camera review prior to releasing the confidential records.
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1 (e) This section shall not apply if the department determines the juvenile is not a safely
2 surrendered infant or is the victim of a crime.
3 "§ 7B-525. Social services response.
4 (a) A director of a department of social services who receives a safely surrendered infant
5 pursuant to this Article has, by virtue of the surrender, the surrendering parent's rights to legal
6 and physical custody of the infant without obtaining a court order. A county department of social
7 services to whom an infant has been safely surrendered may apply ex parte to the district court
8 for an order finding that the infant has been safely surrendered and confirming that the county
9 department of social services has the surrendering parent's right to legal custody of the minor for
10 the purposes of obtaining a certified copy of the child's birth certificate, a social security number,
11 or federal and State benefits for the minor.
12 (b) The director of social services receiving the infant shall do the following in an
13 expeditious manner:
14 (1) Ascertain from a health care provider that the surrendered infant is, to a
15 reasonable medical certainty, under 7 days old and without signs of abuse or
16 neglect. If both conditions are not satisfied, the provisions of the Article do
17 not apply and the director shall treat the infant as a juvenile who has been
18 reported to be an abused, neglected, or dependent juvenile.
19 (2) Make an inquiry of the person who received the infant as a safe surrender
20 whether the surrendering parent was provided with information in accordance
21 with G.S. 7B-526 and document the response.
22 (3) Notify law enforcement of the safely surrendered infant and provide law
23 enforcement with information necessary to investigate through the North
24 Carolina Center for Missing Persons and other national and State resources
25 whether the infant is a missing child.
26 (4) Contact the non-surrendering parent when their identity is known to inform
27 the non-surrendering parent that the infant was surrendered.
28 (5) Respond to any inquiry by a non-surrendering parent about whether their child
29 was safely surrendered.
30 (6) When a surrendering or non-surrendering parent seeks custody of the infant,
31 arrange for genetic marker testing of that parent and the infant if there is
32 uncertainty as to parentage.
33 (7) After 60 days from the date of surrender, if the surrendering parent has not
34 sought to regain custody of the infant and the infant is not placed with the
35 non-surrendering parent, initiate a termination of parental rights for the
36 surrendering parent under G.S. 7B-1111(a)(7).
37 (c) If the director, at any time after receiving an infant, determines that the infant's legal
38 residence is in another county, the director shall promptly notify the director in the county of the
39 infant's residence, and the two directors shall coordinate efforts to ensure that appropriate actions
40 are taken. A department of social services located in the county of legal residence of the infant
41 that assumes custody of the infant pursuant to an appropriate action taken under this subsection
42 shall be subject to the provisions of this Article.
43 (d) Where the non-surrendering parent's identity is known and the non-surrendering
44 parent has been contacted and located by the director of the department of social services, the
45 director shall place custody of the safely surrendered infant with the non-surrendering parent,
46 and any custodial rights of the department of social services shall terminate only if all of the
47 following apply:
48 (1) There exists the rebuttable presumption the non-surrendering parent is the
49 safely surrendered infant's parent through (i) the child's legitimation through
50 marriage or (ii) genetic marker testing arranged by the director to establish
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1 parentage that indicates the probability of parentage is ninety-seven percent
2 (97%) or higher.
3 (2) The non-surrendering parent asserts their parental rights to their child.
4 (3) The director does not have cause to suspect the infant is an abused, neglected,
5 or dependent juvenile due to the circumstances created by the
6 non-surrendering parent.
7 (e) Where the identity of the non-surrendering parent is known by the director and the
8 director has cause to suspect the infant may be an abused, neglected, or dependent juvenile due
9 to circumstances created by the non-surrendering parent, the director shall proceed as if there
10 was a report of abuse, neglect, or dependency in accordance with G.S. 7B-302. The surrendering
11 parent shall not be part of the department assessment conducted under G.S. 7B-302. If a petition
12 alleging abuse, neglect, or dependency is filed with the district court pursuant to G.S. 7B-302, in
13 accordance with G.S. 7B-401.1(b), the surrendering parent shall not be a party unless the court
14 orders otherwise or a surrendering parent comes forward to regain custody of the child.
15 (f) If the surrendering parent seeks to regain custody of the infant, the provision of
16 G.S. 7B-527(a) shall apply.
17 "§ 7B-526. Notice by publication of the safely surrendered infant.
18 (a) Within 14 days from the date of the safe surrender of an infant, the director shall
19 provide notice by publication as specified in subsection (b) of this section that an infant has been
20 surrendered and taken into custody by the department of social services.
21 (b) The notice shall be published in a newspaper qualified for legal advertising in
22 accordance with G.S. 1-597 and G.S. 1-598 and published in the county in which the surrender
23 was made and in any other county that the director has reason to believe either parent may be
24 residing. The publication shall be once a week for three successive weeks. The notice shall state
25 each of the following:
26 (1) The infant was surrendered by a person claiming to be the infant's mother or
27 father who did not express an intent to return for the infant and that the infant
28 was surrendered to an individual pursuant to G.S. 7B-521 by specifying (i) the
29 profession of the individual authorized to accept the surrendered infant, (ii)
30 the name and location of the facility at which the infant was surrendered, and
31 (iii) the date of surrender.
32 (2) The physical characteristics of the infant at the time of surrender.
33 (3) The infant is now in the physical and legal custody of the department of social
34 services in the county where the infant was surrendered.
35 (4) The surrendering mother or father has the right to request the infant's return to
36 their custody by contacting the department of social services in the county that
37 the infant was surrendered before the department initiates an action to
38 terminate their parental rights in district court. If the surrendering parent seeks
39 to regain custody of the infant from the department of social services, the
40 director shall treat the infant as a juvenile who has been reported as a neglected
41 juvenile and requires that the director conduct an assessment, at which point
42 the surrendering parent's rights to have his or her identity be confidential no
43 longer apply.
44 (5) The department is making efforts to identify, locate, and contact the
45 non-surrendering parent. The non-surrendering parent has the right to contact
46 the department of social services to inquire about and seek custody of the
47 infant. The department may place the infant with the non-surrendering parent,
48 terminating the department's custodial rights to the infant, when that parent's
49 identity and location are known and there is no cause to suspect the infant is
50 an abused, neglected, or dependent juvenile due to circumstances created by
51 the non-surrendering parent.
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1 (6) Each parent has the right to contact the department of social services in the
2 county where the infant was surrendered.
3 (7) If neither parent seeks the infant's custody from the department of social
4 services or executes a relinquishment for adoption within 60 days of the date
5 of the surrender, which shall be stated clearly on the notice, the department
6 will initiate a court action to terminate both parents' parental rig