210.950. Safe place for newborns act--definitions--procedure--immunity from liability. - Missouri Statutes

Safe place for newborns act--definitions--procedure--immunity fromliability.

210.950. 1. This section shall be known and may be cited as the"Safe Place for Newborns Act of 2002". The purpose of this section is toprotect newborn children from injury and death caused by abandonment by aparent, and to provide safe and secure alternatives to such abandonment.

2. As used in this section, the following terms mean:

(1) "Hospital", as defined in section 197.020, RSMo;

(2) "Nonrelinquishing parent", the biological parent who does notleave a newborn infant with any person listed in subsection 3 of thissection in accordance with this section;

(3) "Relinquishing parent", the biological parent or person acting onsuch parent's behalf who leaves a newborn infant with any person listed insubsection 3 of this section in accordance with this section.

3. A parent shall not be prosecuted for a violation of section568.030, 568.032, 568.045 or 568.050, RSMo, for actions related to thevoluntary relinquishment of a child up to five days old pursuant to thissection and it shall be an affirmative defense to prosecution for aviolation of sections 568.030, 568.032, 568.045 and 568.050, RSMo, that aparent who is a defendant voluntarily relinquished a child no more than oneyear old pursuant to this section if:

(1) Expressing intent not to return for the child, the parentvoluntarily delivered the child safely to the physical custody of any ofthe following persons:

(a) An employee, agent, or member of the staff of any hospital, in ahealth care provider position or on duty in a nonmedical paid or volunteerposition;

(b) A firefighter or emergency medical technician on duty in a paidposition or on duty in a volunteer position; or

(c) A law enforcement officer;

(2) The child was no more than one year old when delivered by theparent to any person listed in subdivision (1) of this subsection; and

(3) The child has not been abused or neglected by the parent prior tosuch voluntary delivery.

4. A person listed in subdivision (1) of subsection 3 of this sectionshall, without a court order, take physical custody of a child the personreasonably believes to be no more than one year old and is delivered inaccordance with this section by a person purporting to be the child'sparent. If delivery of a newborn is made pursuant to this section in anyplace other than a hospital, the person taking physical custody of thechild shall arrange for the immediate transportation of the child to thenearest hospital licensed pursuant to chapter 197, RSMo.

5. The hospital, its employees, agents and medical staff shallperform treatment in accordance with the prevailing standard of care asnecessary to protect the physical health or safety of the child. Thehospital shall notify the division of family services and the localjuvenile officer upon receipt of a child pursuant to this section. Thelocal juvenile officer shall immediately begin protective custodyproceedings and request the child be made a ward of the court during thechild's stay in the medical facility. Upon discharge of the child from themedical facility and pursuant to a protective custody order orderingcustody of the child to the division, the division of family services shalltake physical custody of the child. The parent's voluntary delivery of thechild in accordance with this section shall constitute the parent's impliedconsent to any such act and a voluntary relinquishment of such parent'sparental rights.

6. In any termination of parental rights proceeding initiated afterthe relinquishment of a child pursuant to this section, the juvenileofficer shall make public notice that a child has been relinquished,including the sex of the child, and the date and location of suchrelinquishment. Within thirty days of such public notice, thenonrelinquishing parent wishing to establish parental rights shall identifyhimself or herself to the court and state his or her intentions regardingthe child. The court shall initiate proceedings to establish paternity, orif no person identifies himself as the father within thirty days,maternity. The juvenile officer shall make examination of the putativefather registry established in section 192.016, RSMo, to determine whetherattempts have previously been made to preserve parental rights to thechild. If such attempts have been made, the juvenile officer shall makereasonable efforts to provide notice of the abandonment of the child tosuch putative father.

7. (1) If a relinquishing parent of a child relinquishes custody ofthe child to any person listed in subsection 3 of this section inaccordance with this section and to preserve the parental rights of thenonrelinquishing parent, the nonrelinquishing parent shall take such stepsnecessary to establish parentage within thirty days after the public noticeor specific notice provided in subsection 6 of this section.

(2) If a nonrelinquishing parent fails to take steps to establishparentage within the thirty-day period specified in subdivision (1) of thissubsection, the nonrelinquishing parent may have all of his or her rightsterminated with respect to the child.

(3) When a nonrelinquishing parent inquires at a hospital regarding achild whose custody was relinquished pursuant to this section, suchfacility shall refer the nonrelinquishing parent to the division of familyservices and the juvenile court exercising jurisdiction over the child.

8. The persons listed in subdivision (1) of subsection 3 of thissection shall be immune from civil, criminal, and administrative liabilityfor accepting physical custody of a child pursuant to this section if suchpersons accept custody in good faith. Such immunity shall not extend toany acts or omissions, including negligent or intentional acts oromissions, occurring after the acceptance of such child.

9. The division of family services shall:

(1) Provide information and answer questions about the processestablished by this section on the statewide, toll-free telephone numbermaintained pursuant to section 210.145;

(2) Provide information to the public by way of pamphlets, brochures,or by other ways to deliver information about the process established bythis section.

10. Nothing in this section shall be construed as conflicting withsection 210.125.

(L. 2002 H.B. 1443, A.L. 2005 S.B. 420 & 344)