HB350: HB350 Domestic relations; safe places for newborns; revise provisions

26 HB 350/AP House Bill 350 (AS PASSED HOUSE AND SENATE) By: Representatives Cameron of the 1st, Crowe of the 118th, Camp of the 135th, Mathiak of the 82nd, Washburn of the 144th, and others A BILL TO BE ENTITLED AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations,1 so as to revise provisions relating to safe places for newborns ; to authorize ambulance2 services to accept physical custody of a newborn; to authorize the placement of newborn3 safety devices; to provide for definitions; to provide for limi ted liability; to provide for4 transport of newborns to nearest medical facility; to provide for specifications for newborn5 safety devices; to provide for related matters; to repeal confl icting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is10 amended by revising Chapter 10A, relating to safe place for newborns, as follows:11 H. B. 350 - 1 - 26 HB 350/AP "CHAPTER 10A12 19-10A-1.13 This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 200214 Eliza Jane Warner Act.'15 19-10A-2.16 As used in this chapter, the term:17 (1) 'Ambulance service' means an ambulance provider licensed pursuant to Chapter 1118 of Title 31.19 (1)(2) 'Fire station' means a facility of any fire department which is authorized to20 exercise the general and emergency powers enumerated in Code Se ctions 25-3-1 and21 25-3-2.22 (2)(3) 'Medical facility' means any licensed general or specialized hospital, institutional23 infirmary, health center operated by a county board of health, ambulatory surgery center,24 urgent care facility, or facility where human births occur on a regular and ongoing basis25 which is classified by the Department of Community Health as a birthing center, but shall26 not mean physicians' or dentists' private offices.27 (4) 'Newborn safety device' means an enclosed, locked, and mon itored receptacle that28 meets the requirements of Code Section 19-10A-8 in which a newborn child can be safely29 placed.30 (3)(5) 'Police station' means a facility of any sheriff's office, mu nicipal police31 department, or county police department.32 (6) 'Public safety vehicle' means an occupied motor vehicle operated by a fire station or33 a police station.34 H. B. 350 - 2 - 26 HB 350/AP 19-10A-3.35 It is the express purpose and intent of the General Assembly in enacting this chapter to36 prevent injuries to and deaths of newborn children that are cau sed by a mother who37 abandons the newborn.38 19-10A-4.39 (a) A mother shall not be prosecuted for violating Code Section 1 6-5-70, 16-12-1, or40 19-10-1 because of the act of leaving her newborn child, provided that the newborn child41 is no more than 45 days old:42 (1) In in the physical custody of an employee, agent, or member of the staff of a medical43 facility, fire station, or police station, public safety vehicle, or ambulance service who is44 on duty, whether there in a paid or volunteer position, provided that the newborn child45 is no more than 30 days old and the mother shows proof of her identity, if willing, to the46 person with whom the newborn is left and provides her name and address, if willing; or47 (2) In a newborn safety device.48 (b) An individual assisting or acting at the direction of a mo ther shall not be prosecuted49 for violating Code Section 16-5-70, 16-12-1, or 19-10-1 for any act which would be50 shielded from prosecution by subsection (a) of this Code sectio n if performed by the51 mother of a newborn child.52 19-10A-5.53 The Department of Human Services shall investigate and report to the General Assembly54 as to children left with a medical facility, fire station, or police station, or ambulance55 service or in a newborn safety device pursuant to Code Section 19-10A-4, including in such56 report the desirability and cost effectiveness of a dedicated t oll-free telephone line for57 providing information to and answering questions from the public and employees and staff58 H. B. 350 - 3 - 26 HB 350/AP members of medical facilities, fire stations, and police stations, and ambulance services59 concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.60 19-10A-6.61 A medical facility which accepts for inpatient admission or a fire station or police station62 which accepts a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the63 Department of Human Services for all reasonable medical and oth er reasonable costs64 associated with the child prior to the child being placed in the care of the department. A65 medical facility, fire station, or police station, or ambulance service shall immediately66 arrange for transport of the newborn child to the nearest medic al facility and notify the67 Department of Human Services at such time as the child is left and at the time the child is68 medically ready for discharge. Upon notification that the chil d is medically ready for69 discharge, the Department of Human Services shall take physical custody of the child70 within six hours. The Department of Human Services upon taking physical custody shall71 promptly bring the child before the juvenile court as required by Code Section 15-11-145.72 19-10A-7.73 Medical facilities, fire stations, and police stations, and ambulance services and their74 employees, agents, and staff members shall not be liable for ci vil damages or subject to75 criminal prosecution for failure to discharge the duties provided for in this chapter. The76 immunity provided in this chapter shall in no way be construed as providing immunity for77 any acts of negligent treatment of the child taken into custody.78 19-10A-8.79 The Department of Human Services shall develop standards for a sign that shall be posted80 at any medical facility, fire station, or police station to inform the general public that such81 facility is an authorized location to leave a newborn child as provided in this chapter. The82 H. B. 350 - 4 - 26 HB 350/AP Department of Human Services shall provide by rule and regulation for the size and type83 of such sign and where such sign should be located within or outside of such facility.84 (a) A medical facility, fire station, police station, or ambulance service shall be authorized85 to install a newborn safety device if the device is located in an area that is conspicuous and86 visible to employees, agents, or staff members of such facility or station and such facility87 or station is staffed by an emergency medical services provider on a 24 hour, seven days88 per week basis.89 (b) A newborn safety device installed pursuant to this Code section shall include a security90 camera capable of recording video of any individual accessing a newborn safety device and91 a dual alarm system that meets or exceeds the following specifications:92 (1) One alarm shall connect the newborn safety device to the facility or station and shall93 be tested at least once per month, and the second alarm shall monitor the device's interior94 and shall be checked at least twice per day to ensure that the dual alarm system functions95 properly; and96 (2) The dual alarm system shall include the functionality to d ispatch the nearest97 ambulance service to retrieve a newborn child if all medical facility, fire station, police98 station, or ambulance service employees, agents, or staff members have been dispatched99 to an emergency or are otherwise off site.100 (c) No state funds shall be expended in the acquisition or ope ration of newborn safety101 devices."102 SECTION 2.103 All laws and parts of laws in conflict with this Act are repealed.104 H. 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