House committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following.
Enacts new GS 7B-521A allowing a qualified establishment (a physical building of an emergency department, a fire department, or a rescue or emergency medical services squad that is staffed onsite 24 hours per day by an emergency medical technical or other emergency health care provider) to install a newborn safety device that has a temperature-controlled interior, is properly ventilated to ensure the safety of infants, and has an exterior door that automatically locks upon placing the newborn in the device, has a door to access the device from inside the establishment, and that is physically attached to the exterior of the establishment in an area that is conspicuous and visible to employes. Requires the establishment to comply with six listed criteria, including installing an adequate dual alarm system connected to the physical location of the newborn safety device, weekly testing, visual inspection of the device at least twice per day, and development of an emergency plan for rendering of emergency care to an infant. Allows an employee of the qualified establishment to take temporary custody of a surrendered infant under GS 7B-521, without a court order, through placement in a newborn safety device so long as the infant is reasonably believed to be not more than 30 days old and is voluntarily placed in the device by a parent who does not express an intent to return for the infant. Requires the Department of Health and Human Services (DHHS), Division of Social Services (Division), to perform an initial inspection and annually inspect each newborn safety device installed in accordance with this statute.
Amends GS 7B-101 amending the definition of the term safely surrendered infant to allow the infant, meeting other qualifications, to be placed in a newborn safety devices in the alternative of being voluntarily delivered to an individual.
Amends GS 7B-526 making conforming changes to the notice that must be published in a newspaper when an infant is surrendered by setting out information that must be listed when an infant was placed in a safety device.
Modifies the immunity of a parent surrendering an infant under GS 7B-527 clarifying that the immunity does not create an affirmative defense to any prosecution arising from any other acts taken by the surrendering parent.
Amends GS 7B-528 requiring information created by the Division on infant safe surrender and the rights of parents to also be available at a qualified establishment with an installed newborn safety device and attached to or near the devices. Makes other technical changes and corrects a statutory cross-reference.
Amends GS 7B-1105.1 making conforming changes to the notice that must be published by the court for the preliminary hearing to address the infant's safe surrender that takes place after the filing of a petition to terminate the parental rights of a surrendering or non-surrendering parent of a safely surrendered infant, by setting out information that must be listed when an infant was placed in a safety device.
Changes the act’s effective date from October 1, 2025, to when the act becomes law.
Makes conforming changes to the act’s long title.
Statutes affected:
Filed: 7B-521
Edition 1: 7B-521
Edition 2: 7B-101, 7B-521, 7B-526, 7B-527, 7B-528