Georgia CommonsHB 350: Domestic relations; safe places for newborns; revise provisions
Enrolled version, the latest LegiScan holds · Last action May 12, 2026 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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, so as to revise provisions relating to safe places for newborns; to authorize ambulance services to accept physical custody of a newborn; to authorize the placement of newborn safety devices; to provide for definitions; to provide for limited liability; to provide for transport of newborns to nearest medical facility; to provide for specifications for newborn safety devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Chapter 10A, relating to safe place for newborns, as follows: "CHAPTER 10A
19-10A-1.
This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2002 Eliza Jane Warner Act.'
19-10A-2.
As used in this chapter, the term:
(1) 'Ambulance service' means an ambulance provider licensed pursuant to Chapter 11 of Title 31.
(1)(2) 'Fire station' means a facility of any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and
25-3-2.
(2)(3) 'Medical facility' means any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, ambulatory surgery center, urgent care facility, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Community Health as a birthing center, but shall not mean physicians' or dentists' private offices.
(4) 'Newborn safety device' means an enclosed, locked, and monitored receptacle that meets the requirements of Code Section 19-10A-8 in which a newborn child can be safely placed.
(3)(5) 'Police station' means a facility of any sheriff's office, municipal police department, or county police department.
(6) 'Public safety vehicle' means an occupied motor vehicle operated by a fire station or a police station.
19-10A-3.
It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a mother who abandons the newborn.
19-10A-4.
(a) A mother shall not be prosecuted for violating Code Section 16-5-70, 16-12-1, or 19-10-1 because of the act of leaving her newborn child, provided that the newborn child is no more than 45 days old:
(1) In in the physical custody of an employee, agent, or member of the staff of a medical facility, fire station, or police station, public safety vehicle, or ambulance service who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than 30 days old and the mother shows proof of her identity, if willing, to the person with whom the newborn is left and provides her name and address, if willing; or
(2) In a newborn safety device.
(b) An individual assisting or acting at the direction of a mother shall not be prosecuted for violating Code Section 16-5-70, 16-12-1, or 19-10-1 for any act which would be shielded from prosecution by subsection (a) of this Code section if performed by the mother of a newborn child.
19-10A-5.
The Department of Human Services shall investigate and report to the General Assembly as to children left with a medical facility, fire station, or police station, or ambulance service or in a newborn safety device pursuant to Code Section 19-10A-4, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities, fire stations, and police stations, and ambulance services concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.
19-10A-6.
A medical facility which accepts for inpatient admission or a fire station or police station which accepts a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility, fire station, or police station, or ambulance service shall immediately arrange for transport of the newborn child to the nearest medical facility and notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 15-11-145.
19-10A-7.
Medical facilities, fire stations, and police stations, and ambulance services and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this chapter. The immunity provided in this chapter shall in no way be construed as providing immunity for any acts of negligent treatment of the child taken into custody.
19-10A-8.
The Department of Human Services shall develop standards for a sign that shall be posted at any medical facility, fire station, or police station to inform the general public that such facility is an authorized location to leave a newborn child as provided in this chapter. The Department of Human Services shall provide by rule and regulation for the size and type of such sign and where such sign should be located within or outside of such facility.
(a) A medical facility, fire station, police station, or ambulance service shall be authorized to install a newborn safety device if the device is located in an area that is conspicuous and visible to employees, agents, or staff members of such facility or station and such facility or station is staffed by an emergency medical services provider on a 24 hour, seven days per week basis.
(b) A newborn safety device installed pursuant to this Code section shall include a security camera capable of recording video of any individual accessing a newborn safety device and a dual alarm system that meets or exceeds the following specifications:
(1) One alarm shall connect the newborn safety device to the facility or station and shall be tested at least once per month, and the second alarm shall monitor the device's interior and shall be checked at least twice per day to ensure that the dual alarm system functions properly; and
(2) The dual alarm system shall include the functionality to dispatch the nearest ambulance service to retrieve a newborn child if all medical facility, fire station, police station, or ambulance service employees, agents, or staff members have been dispatched to an emergency or are otherwise off site.
(c) No state funds shall be expended in the acquisition or operation of newborn safety devices."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.