Bill Summary – FastDemocracy

0327.04000
     Sixty-sixth
     Legislative Assembly                    HOUSE BILL NO. 1285
     of North Dakota
     Introduced by
       Representatives Skroch, Ertelt, Fegley, Johnston, Jones, Karls, Rohr, M. Ruby, Schneider
       Senators Myrdal, Poolman
  A BILL for an Act to amend and reenact section 50-25.1-15 of the North Dakota Century Code,
  relating to abandoned infants at certain locations.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 50-25.1-15 of the North Dakota Century Code is
  amended and reenacted as follows:
      50-25.1-15. Abandoned infant - HospitalApproved location procedure - Reporting
  immunity.
      1.   As used in this section:
           a.     "Abandoned infant" means an abandoned infant as defined in section 27-20-02
                 and whichwho has been left with an on-duty staff member at a hospitalan
                 approved location in an unharmed condition.
          b.     "Approved location" means a hospital, law enforcement agency, or county social
                 services office.
          c.     "Hospital" means a facility licensed under chapter 23-16.
          d.     "Law enforcement agency" means a police station or sheriff's office.
     2.   A parent of an infant under the age of one year, or an agent of the parent with the
          parent's consent, may abandonleave the infant with an on-duty staff member at any
          hospital. An agent of the parent may leave an abandoned infant at a hospital with the
          parent's consentan approved location. Neither the parent nor the agent is subject to
          prosecution under sections 14-07-15 and 14-09-22 for leaving thean abandoned infant
          at a hospital.
     3.   A hospitalAn approved location shall accept an infant abandoned or left under this
          section. The hospitalapproved location may request information regarding the parents
          and shall provide the parent or the agent with a medical history form and an envelope
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           with the hospital'sapproved location's return address. Neither the parent nor the agent
           is required to provide any information.
      4.   TheIf an infant is left at a hospital, the hospital shall provide the parent or the agent
           with a numbered identification bracelet to link the parent or the agent to the
           abandoned infant. Possession of an identification bracelet does not entitle the bracelet
           holder to take custody of the abandoned infant on demand. If an individual possesses
           a bracelet linking the individual to an abandoned infant left at a hospital under this
           section and parental rights have not been terminated, possession of the bracelet
           creates a presumption that the individual has standing to participate in a protection
          services action brought under this chapter or chapter 27-20. Possession of the
          bracelet does not create a presumption of maternity, paternity, or custody.
     5.   The hospitalapproved location may provide the parent or the agent with any relevant
          information, including:
          a.   Information about the safe place for abandoned infant programs;
          b.   Information about adoption and counseling services; and
          c.   Information about whom to contact if reunification is sought.
     6.   Within twenty-four hours of receiving an abandoned infant under this section, the
          hospitalapproved location shall report to the department, as required by section
          50-25.1-03, that an abandoned infant has been left at the hospitalapproved location.
          The report may not be made before the parent or the agent leaves the
          hospitalapproved location.
     7.   The hospitalapproved location and its employees and agents are immune from any
          criminal or civil liability for accepting an abandoned infant under this section.
     8.   Upon receiving a report of an abandoned infant left at a hospital under this section, the
          department shall proceed as required under this chapter if it appears that the
          abandoned infant was not harmed, except the department may not attempt to identify
          or contact the parent or the agent. If it appears the abandoned infant who was left was
          harmed, the department shall initiate an assessment of the matter as required by law.
     9.   If an individual claiming to be the parent or the agent contacts the department and
          requests to be reunited with the abandoned infant who was left, the department may
          identify or contact the individual as required under this chapter and all other applicable
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           laws. If an individual contacts the department seeking information only, the department
           may attempt to obtain information regarding the identity and medical history of the
           parents and may provide information regarding the procedures in an abandoneda
           case involving an infant casewho was left at an approved location. The individual is
           under no obligation to respond to the request for information, and the department may
           not attempt to compel response to investigate the identity or background of the
           individual.
     10.   The department shall develop and implement a public awareness campaign to provide
           information, public service announcements, and educational materials regarding this
          section to the public, including medical providers, law enforcement, and social service
          agencies.
                                             Page No. 3                        19.0327.04000
Statutes affected: 
INTRODUCED: 50-25.1-15
FIRST ENGROSSMENT: 50-25.1-15
Enrollment: 50-25.1-15