SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2024
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2024, as amended, would amend the Newborn
Infant Protection Act (Act) within the Revised Kansas Code
for Care of Children to provide an alternate means to legally
surrender an infant pursuant to the Act.
The bill would be in effect upon publication in the
Kansas Register.
Impact of Newborn Infant Protection Act on Indian Child
Welfare Act of 1978 (ICWA)
The bill would state the Act would not abridge the rights
or obligations created by ICWA, and would add the Act to the
list of statutes that may not apply when an Indian child is
involved in such proceedings, thereby invoking ICWA, in the
statute governing jurisdiction of child in need of care
proceedings.
Surrender to Newborn Safety Device
The bill would authorize a parent or other person having
lawful custody of an infant who is not more than 60 days old
and who has not suffered great bodily harm as determined by
a person licensed to practice medicine or surgery, an
advanced practice registered nurse, or licensed physician
assistant to surrender physical custody to a newborn safety
device, defined by the bill, installed at a police station,
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
sheriff’s office, law enforcement center, fire station, city or
county health department, hospital, ambulatory surgical
center, or recuperation center (authorized facility). [Note:
Current law provides that an infant may only be physically
surrendered to an employee of an authorized facility.]
The bill would make the relinquishing parent that follows
the above procedure immune from civil or criminal liability for
surrendering an infant meeting the criteria stated above.
The bill would require that after the infant has been
surrendered to a newborn safety device, an employee of the
authorized facility where the device is located would be
required to take physical custody of the infant without a court
order. The bill would also specify that after an employee of
the authorized facility notifies a law enforcement agency of a
surrender pursuant to the bill, such agency would be required
to report the surrender to the Secretary for Children and
Families (Secretary), in addition to the requirement for the
agency to deliver the infant to a facility or person designated
by the Secretary in continuing law.
Definitions
The bill would define ”newborn safety device” as a
device or container designed to safely accept delivery of an
infant and that is:
● Voluntarily installed in an authorized facility that is
staffed 24 hours a day by an employee of such
facility, or has a dual alarm system that will
dispatch first responders when all employees of the
facility are unavailable;
● Located on a structural wall in an area that is
conspicuous and visible to employees of the
authorized facility;
● Equipped with an automatic lock that would restrict
access to the device from the outside of the
2- 2024
 authorized facility when an infant is placed inside
the device;
● Equipped with a temperature control; and
● Equipped with an alarm system that complies with
requirements established elsewhere in the bill and
that is triggered by an infant being placed inside
the device.
The bill would also amend the definitions of “non-
relinquishing parent” and “relinquishing parent” to reflect the
new provisions added by the bill.
Alarm System Requirements
The bill would provide that an authorized facility that
installs a newborn safety device must also install a dual alarm
system connected to the physical location of the device,
which would require weekly testing and twice-daily visual
checks to ensure the system is in working order.
Genetic Testing of Non-relinquishing Parent
The bill would amend a provision in the Act governing
the procedure for a non-relinquishing parent to establish
parental rights after the surrender of an infant to specify when
a person seeks to establish parental rights, the court would
require the person to submit, at such person’s own expense,
to a genetic test to verify that person is the biological parent
of the child.
Determining Tribal Status of Infant or Parent
The bill would require an employee of an authorized
facility to ask the person surrendering an infant pursuant to
the Act if the infant or either biological parent is a member of,
or eligible for membership in, a federally recognized Indian
tribe, and the identity of the tribe. For authorized facilities
3- 2024
utilizing a newborn safety device, the facility would be
required to provide a means for surrendering persons to
provide information pertaining to tribal status. The employee
taking custody of the infant after inquiring about tribal status
would be required to send the information to the Secretary.
The Secretary would then be required to provide such
information to the court with jurisdiction over the infant.
Information to be Made Available to Relinquishing Parent
The bill would require authorized facilities receiving an
infant pursuant to the Act to make available, if possible, the
following information to the relinquishing parent:
● A notice stating that 60 days after the surrender of
the infant to the facility, the Secretary shall
commence proceedings for termination of parental
rights and placement of the infant for adoption;
● A list of providers that provide counseling services
on grief, pregnancy, and adoption or other
placement or care regarding an infant;
● The language of this section, the rights of birth
parents, including a questionnaire that a birth
parent may answer questions about medical or
background information of the child, including any
information pertaining to tribal status; and
● A brochure on postpartum health.
The bill would state that the relinquishing parent would
not be required to accept the information provided by an
authorized facility. The bill would state the form and manner
of the information under this section would be prescribed by
the Secretary, who would be required to maintain the
questionnaire described above on a public website.


4- 2024
Disclosure of Information
The bill would require an employee taking custody of an
infant to reveal all personal information received from the
relinquishing parent when such parent indicates the infant or
parent is a tribal member (or eligible for tribal membership) or
there is a reasonable suspicion that the infant has suffered
great bodily harm.
Additionally, the bill would specify the individuals who
are prohibited from publicly disclosing any information
concerning the relinquishment of an infant and individual
involved except as otherwise required by law. The bill would
state the prohibition would apply to medical professionals,
employees, and other persons engaged in the administration
or operation of:
● An authorized facility;
● A newborn safety device;
● Agencies providing services for children in need of
care; or
● Any location where an infant has been surrendered
under the Act.
Amendment to Child Abandonment Statute
The bill would amend the criminal child abandonment
statute to reflect language amended in the Act.
Technical Amendments
The bill also would make technical changes to ensure
clarity and consistency in statutory phrasing.


5- 2024
Background
The bill was introduced by the Joint Committee on Child
Welfare System Oversight.
House Committee on Child Welfare and Foster Care
In the House Committee hearing on January 23, 2023, a
representative of Safe Haven Baby Boxes and the City of
McPherson Fire Chief testified as proponents of the bill,
explaining the need for devices such as the one
contemplated by the bill, and successful uses of such devices
in other jurisdictions. Written-only proponent testimony was
provided by a representative of the Department for Children
and Families (DCF).
A representative of Brien Law, LLC testified as neutral
on the bill, expressing concern over the bill’s potential impact
on the ability of a child’s tribe to be involved in custody
proceedings pursuant to ICWA and suggested amendments
regarding notice to ensure compliance with ICWA.
Written-only opponent testimony was provided by
representatives of the Adoptee Rights Law Center, PLLC and
Bastard Nation.
The House Committee adopted amendments to:
● Change terminology referencing “infant refuge
bassinet” to “newborn safety device” throughout
the bill;
● Modify the definition of “newborn safety device” to:
○ Clarify installation of such devices would be
voluntary;
○ Add a requirement that such devices be
located on a structural wall in an authorized
facility; and

6- 2024
 ○ Add an alternative to the 24-hour staffing
requirement by requiring a dual alarm system
capable of dispatching first responders should
all employees be unavailable when an infant
is placed in a device;
● Require a non-relinquishing parent to submit to
genetic testing to verify biological parentage of a
child surrendered pursuant to the Act when seeking
to establish parental rights in a proceeding
regarding termination of parental rights;
● Add language stating the Act shall not abridge the
rights and obligations created by ICWA; and
● Require an employee taking custody of an infant
surrendered pursuant to the Act to ask the
relinquishing parent to provide certain information
regarding tribal member status, require facilities
maintaining a newborn safety device to provide the
means for the relinquishing parent to provide such
information, and require an employee of the facility
taking custody of an infant to provide any such
information received to the Secretary.
On February 8, 2023, the House Committee of the
Whole adopted a motion to send the bill back to committee.
On February 15, 2023, the House Committee further
amended the bill to:
● Modify the criteria required of relinquishing persons
to legally surrender an infant pursuant to the Act
and to be immune from civil or criminal penalty;
● Add a requirement that a determination by a
medical professional be made to ensure great
bodily harm to an infant does not exist;
● Add a requirement that law enforcement report a
surrender under the bill to the Secretary;

7- 2024
 ● Reconcile language in the criminal child
abandonment statute;
● Add a requirement that authorized facilities provide
certain information to relinquishing parents; and
● Add a prohibition against publicly disclosing
information related to an infant surrender pursuant
to the Act.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 13, 2023, a
private citizen testified as a proponent of the bill, explaining
the need for devices such as the one contemplated by the
bill, and successful uses of such devices in other jurisdictions.
Written-only proponent testimony was provided by
representatives of DCF and the City of McPherson Fire Chief.
Written-only opponent testimony was provided by a
representative of the Adoptee Rights Law Center, PLLC.
The Senate Committee amended the bill to change its
effective date to publication in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration and DCF indicate enactment of the bill would
have no fiscal effect on agency operations. The Kansas
Association of Counties indicates counties could see some
costs associated with installation of the devices, should a
county choose to install them. The League of Kansas
Municipalities indicates the bill would increase expenditures
of cities that install newborn safety devices.
Newborn Infant Protection Act; newborn safety device; legal surrender of infant;
Indian Child Welfare Act

8- 2024


Statutes affected:
As introduced: 38-2282
As Amended by House Committee: 38-2282, 38-2203, 23-37
As Further Amended by House Committee: 21-5605, 38-2203, 23-37, 38-2282
As Amended by Senate Committee: 21-5605, 38-2203, 23-37, 38-2282
Enrolled - Law effective May 4, 2023: 21-5605, 38-2203, 23-37, 38-2202, 38-2226, 38-2258, 38-2261, 38-2282
Enrolled: 21-5605, 38-2203, 23-37, 38-2202, 38-2226, 38-2258, 38-2261, 38-2282