Infant Abandonment
Updated November 7, 2001
ABANDONED INFANT LEGISLATION 2000-2001 November 7, 2001 LEGISLATION INTRODUCED IN THE 2001 SESSION In addition to the 16 states that enacted abandoned infant laws during the 1999 and 2000 sessions, the following 30 states introduced legislation in 2001. States (19) that have enacted legislation in the 2001 session are listed in bold print: ENACTED 2000 LEGISLATION In 1999, Texas was the first state to introduce and pass abandoned infant legislation. During the 2000 session, 25 states introduced similar legislation. The following lists enactment's in a total of 16 states during 1999 (Texas only) and 2000. All refer to the voluntary surrendering of unharmed infants. ALABAMA
2000 Session HB 115 - Creates an affirmative defense to prosecution if parents voluntarily delivers a child, 72 hours or younger, to a licensed hospital emergency room. Requires the hospital to notify the department, which is then responsible for reimbursing the hospital for all medical and other costs. Provides for immunity. CALIFORNIA
2000 Session Chapter 824 (S.B. 1368) - Provides immunity to a parent, or other person having lawful custody of a minor child 72 hours old or younger, if he or she voluntarily surrenders physical custody of the child to any employee on duty at a public or private hospital emergency room. Person receiving the infant shall place a coded ankle bracelet on the child and make an effort to provide the parent, or other person surrendering the child, a copy of the ankle bracelet in order to facilitate reclaiming the child within 14 days of surrender. A person who takes physical custody of a child shall notify child protective services or county agency providing child welfare services. COLORADO
2000 Session Chapter 384 (S.B. 171) - Provides for an affirmative defense against a charge of child abandonment if a parent surrenders a child, 30 days old or younger, to a firefighter or hospital. Specifies duties of firefighters and hospital staff who take custody of children. Requires annual report to the legislature regarding abandoned children. CONNECTICUT
2000 Public Act No. 00-207 (H.B. 5023) - Allows hospital emergency room staff to take custody of an infant, 30 days or younger, voluntarily surrendered by a parent. Allows the hospital to request the name of the parent and medical history information; the parent is not required to provide this information. Allows the hospital to provide the parent with a numbered identification bracelet to link the parent to the infant, but the bracelet does not authorize the person who possesses it to take custody of the infant on demand. Possession of the bracelet creates a presumption that the parent has standing to participate in a custody hearing and does not create a presumption of maternity, paternity or custody. Requires the department to prepare a public information program on this process. FLORIDA
2000 Session Chapter 213 (S.B. 2080) - Creates an affirmative defense in a criminal action for child abuse if a parent surrenders an infant, 3 days old or younger, to a hospital. Specifies duties of hospital. Provides immunity. Allows the parent to remain anonymous. Requires hospitals to offer the parent material to gather health and medical information on the infant, but does not require the parent to complete the material. Requires the department to develop the material that must also include written notification that failure to contact the department within 30 days with a claim of parental rights will result in involuntary termination of parental rights proceedings and adoption placement. Requires the receiving hospital to immediately contact the emergency infant-adoption hotline for availability of a child-placing agency. Specifies duties of child-placing agencies and procedures for emergency custody orders. Specifies procedures for parental rights claims. Requires the department to develop a media campaign to promote safe placement alternatives for newborn infants. INDIANA
2000 Session Act 330 (S.B. 330) - Creates a defense to a child neglect prosecution if a parent surrenders an infant, 30 days old or younger, to an emergency medical services provider. Requires the provider to immediately notify child protective services who must treat the infant as a child taken into custody without a court order. Specifies court proceedings. Creates a rebuttable presumption that it is not in the child's best interests to locate the child's parents or reunify the child's family if the child was abandoned in this manner. KANSAS
2000 Session Chapter 38 - A parent or other person having lawful custody of a newborn, 45 days old or younger, and where there are no visible signs of physical harm, may relinquish physical custody of the infant to any employee who is on duty at a fire station, city or county health department or medical care facility. Provides immunity to any person, city or county or agency accepting physical custody. Requires upon receipt of the child to notify a local law enforcement officer who in return shall deliver the infant to a facility or person designated by the secretary of the department of social and rehabilitation service. LOUISIANA
2000 Session Act 109 (HCR 85) - Provides for an affirmative defense against charges of abandonment in cases where a newborn, 30 days old or younger, has been relinquished to a designated emergency care facility. Specifies authority and responsibilities of emergency care facilities that accept relinquished newborns. Specifies proceedings for mother/father parental rights claims. Requires a written report to the legislature. MICHIGAN
2000 Session P.A. 233 (S.B. 1053) - Creates an affirmative defense to prosecution if a parent surrenders an infant, 72 hours old or younger, to an emergency service provider. MINNESOTA
2000 Minn. Laws, Chapter 421 (S.F. 2615) - Provides for immunity from prosecution for leaving an unharmed newborn, 72 hours old or younger, at a hospital. Specifies procedures to be followed by a hospital receiving such a newborn. Provides immunity. NEW JERSEY
2000 Session Chapter 58 - Creates an affirmative defense to prosecution if a parent voluntarily delivers a child, 30 days old or younger, to a hospital emergency room. Provides for confidentiality and immunity for hospital staff. Requires the Commissioner of Human Services and the Commissioner of Health and Senior Services to establish a public information program to promote safe placement alternatives for newborns, which is to include a 24-hour, toll free hotline. Requires a report to the governor and the legislature. Appropriates $500,000 to establish the public information program and the hotline. NEW YORK
2000 Session Chapter 156 (S.B. 6688) - Creates an affirmative defense to prosecution if a parent surrenders an infant, 5 days old or younger, to an appropriate person or a suitable location and promptly notified an appropriate person. Requires the department to develop and implement a public information program that may include a toll-free hotline. OHIO
2000 Session HB 660 - Provide that a parent who abandons a child under 72 hours old to a emergency medical service worker, peace officer, or hospital employee, does not commit any criminal offense in this state and may not be subject to criminal prosecution for deserting the child. Make available to the parent who delivered the child, forms designed to gather medical information concerning the child and the child's parent. SOUTH CAROLINA
2000 Session HB 4743 - Requires a hospital to take possession of an infant, 30 days old or younger, who is voluntarily delivered, with no intent to return. Grants parent immunity from prosecution. Allows anonymity for the parent or person delivering the child but requires the hospital to request medical information. Outlines hospital and department authority and responsibilities. Requires the department to publish notice and send a news release to broadcast and print media in the area with information on the infant, including permanency plan hearing date and location. Provides immunity for hospital staff. Requires the department to develop public awareness of the program. TEXAS
Session 1999 HB 3423 - Creates an affirmative defense to prosecution if a parent voluntarily surrenders an infant, 30 days old or younger, to an emergency medical service provider.
WEST VIRGINIA
Session 2000 HB 4300 - Creates an affirmative defense to prosecution if a parent voluntarily delivers a child to a hospital or health care facility. Specifies hospital responsibilities.
For additional information regarding Infant Abandonment or to obtain a copy of the State Legislative Report (SLR) on Infant Abandonment, please contact the Child Welfare Project Staff or the Marketing Department at 303/364-7700. Child Welfare Home Page |