ON MARCH 31, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1146, AS AMENDED.
AMENDMENT #1 rewrites the bill to revise 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) Specifies that dispatch centers, in relation to law enforcement facilities, are not considered "facilities" for purposes of surrendering a newborn infant; 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 mother 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 amendment 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 amendment adds that a mother has the right to remain anonymous, must not be pursued, and will not be considered to have endangered a newborn infant if the mother: 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.
This amendment requires that an infant delivered to a facility authorized to accept an infant as described in this amendment be issued a birth certificate by the office of vital records which supersedes and invalidates any previously issued birth certificate.
Under present law, the facility, a facility employee, or a member of the professional medical community at the facility must notify the department of children's services as soon as reasonably possible and no later than 24 hours after taking possession of an infant. This amendment changes the timeframe for notification to be "immediately after taking possession of the infant" and requires notification to the office of vital records for purposes of issuance of the birth certificate, as referenced above.
This amendment updates provisions related to the termination of parental rights in regard to an abandoned child to reflect the change made by this bill for surrendering a child 30 days or younger (instead of two weeks or younger).
ON APRIL 14, 2022, THE HOUSE SUBSTITUTED SENATE BILL 1146 FOR HOUSE BILL 1301, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 1146, AS AMENDED.
AMENDMENT #2 changes the applicable birth timeframe from 30 days to 14 days.

Statutes affected:
Current Version: 37-5-128