VOLUNTARY DELIVERY OF INFANT
Present law requires the following to receive possession of an infant aged 14 days or younger upon the voluntary delivery of the infant by the infant's mother pursuant to a statutorily created procedure for surrendering custody of an unwanted infant without criminal liability:
(1) 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 (not including dispatch centers), or emergency medical services facility; and
(2) A newborn safety device designed to permit a mother to anonymously place a newborn infant aged 14 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.
Present law requires the facility, a facility employee, or a member of the professional medical community at the facility, to notify the department of children's services immediately after taking possession of such an infant. Upon notification, the department, or the department's authorized designee, is required to immediately assume the care, custody, and control of such infant and to petition the appropriate court for legal custody of such infant. This bill revises this provision to provide, instead, that, upon notification, the department is required to assume the physical care, custody, and control of the infant, and that, as soon as practicable, the department is required to transfer the physical care, custody, and control of the infant to a designated authorized nonprofit licensed child-placing agency.
FINAL ORDER OF ADOPTION
Unless a child is related to the petitioners, present law prohibits a final order of adoption from being entered before the home study has been filed with the court and before the petition has been on file at least six months and before a final court report is filed with the court, except when the order is based upon a petition for readoption. Present law further provides that, if the child has already resided in the home of the petitioners for six months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, then the court is authorized to waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
This bill adds to the above provision that if the child was voluntarily left at a facility or in a newborn safety device, has resided in the home of the petitioners for at least three months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court is authorized to waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
ON APRIL 3, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 164, AS AMENDED.
AMENDMENT #1 makes the following changes to this bill:
(1) Changes the effective date to July 1, 2023;
(2) Removes the provisions of this bill providing that, upon notification, the department is required to assume the physical care, custody, and control of the infant, and that, as soon as practicable, the department is required to transfer the physical care, custody, and control of the infant to a designated authorized nonprofit licensed child-placing agency; and
(3) Adds that, if an infant is abandoned, then the department must file a petition seeking termination of parental rights within 10 calendar days after the 90-day period established in present law is completed. The court must then expedite the case and ensure that the hearing on the termination petition is heard within 30 days of the date the petition is filed, unless the court determines an extension is in the best interest of the child.

Statutes affected:
Introduced: 36-1-142, 36-1-119(c), 36-1-119