62A-4a-802 - Safe relinquishment of a newborn child. - Utah Statutes

62A-4a-802. Safe relinquishment of a newborn child.
(1) (a) A parent or a parent's designee may safely relinquish a newborn child at a hospitalin accordance with the provisions of this part and retain complete anonymity, so long as the childhas not been subject to abuse or neglect.
(b) Safe relinquishment of a newborn child who has not otherwise been subject to abuseor neglect shall not, in and of itself, constitute neglect as defined in Section 78A-6-105, and thechild shall not be considered a neglected child, as defined in Section 78A-6-105, so long as therelinquishment is carried out in substantial compliance with the provisions of this part.
(2) (a) Personnel employed by a hospital shall accept a newborn child that is relinquishedpursuant to the provisions of this part, and may presume that the person relinquishing is thechild's parent or the parent's designee.
(b) The person receiving the newborn child may request information regarding the parentand newborn child's medical histories, and identifying information regarding thenonrelinquishing parent of the child.
(c) The division shall provide hospitals with medical history forms and stampedenvelopes addressed to the division that a hospital may provide to a person relinquishing a childpursuant to the provisions of this part.
(d) Personnel employed by a hospital shall:
(i) provide any necessary medical care to the child and notify the division as soon aspossible, but no later than 24 hours after receipt of the child; and
(ii) prepare a birth certificate or foundling birth certificate if parentage is unknown andfile with the Office of Vital Records and Statistics.
(e) A hospital and personnel employed by a hospital are immune from any civil orcriminal liability arising from accepting a newborn child if the personnel employed by thehospital substantially comply with the provisions of this part and medical treatment isadministered according to standard medical practice.
(3) The division shall assume care and custody of the child immediately upon noticefrom the hospital.
(4) So long as the division determines there is no abuse or neglect of the newborn child,neither the newborn child nor the child's parents are subject to:
(a) the provisions of Part 2 of this chapter, Child Welfare Services;
(b) the investigation provisions contained in Section 62A-4a-409; or
(c) the provisions of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and DependencyProceedings.
(5) Unless identifying information relating to the nonrelinquishing parent of the newbornchild has been provided:
(a) the division shall work with local law enforcement and the Bureau of CriminalIdentification within the Department of Public Safety in an effort to ensure that the newbornchild has not been identified as a missing child;
(b) the division shall immediately place or contract for placement of the newborn child ina potential adoptive home and, within 10 days after receipt of the child, file a petition fortermination of parental rights in accordance with Title 78A, Chapter 6, Part 5, Termination ofParental Rights Act;
(c) the division shall direct the Office of Vital Records and Statistics to conduct a searchfor a birth certificate for the child and an Initiation of Proceedings to Establish Paternity Registry

for unmarried biological fathers maintained by the Office of Vital Records and Statistics withinthe Department of Health and provide notice to each potential father identified on the registry. Notice of termination of parental rights proceedings shall be provided in the same manner as isutilized for any other termination proceeding in which the identity of the child's parents isunknown;
(d) if no person has affirmatively identified himself or herself within two weeks afternotice is complete and established paternity by scientific testing within as expeditious a timeframe as practicable, a hearing on the petition for termination of parental rights shall bescheduled; and
(e) if a nonrelinquishing parent is not identified, relinquishment of a newborn childpursuant to the provisions of this part shall be considered grounds for termination of parentalrights of both the relinquishing and nonrelinquishing parents under Section 78A-6-507.
(6) If at any time prior to the adoption, a court finds it is in the best interest of the child,the court shall deny the petition for termination of parental rights.
(7) The division shall provide for, or contract with a licensed child-placing agency toprovide for expeditious adoption of the newborn child.
(8) So long as the person relinquishing a newborn child is the child's parent or designee,and there is no abuse or neglect, safe relinquishment of a newborn child in substantialcompliance with the provisions of this part is an affirmative defense to any potential criminalliability for abandonment or neglect relating to that relinquishment.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 299, 2008 General Session