Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 97 First Substitute (2020GS)

Sponsor

Rep. Arent, P.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of "newborn child";
• subject to certain requirements, allows a parent or the parent's designee to safely relinquish a newborn child within 30 days after the day on which the child is born;
• clarifies the type of information that must be provided to the Division of Child and Family Services upon safe relinquishment of a newborn child;
• clarifies provisions relating to searches for a potential father of a newborn child who is safely relinquished and notice that must be provided to the potential father;
• requires the Department of Health to make rules relating to the resolution of conflicting birth and foundling certificates; and
• makes technical changes.

Every vote on this bill

Bill text

NEWBORN SAFE HAVEN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Patrice M. Arent
Senate Sponsor: 
Scott D. Sandall
Cosponsors:
Cheryl K. Acton
Carl R. Albrecht
Melissa G. Ballard
Stewart E. Barlow
Brady Brammer
Joel K. Briscoe
Walt Brooks
Steve R. Christiansen
Kay J. Christofferson
Kim F. Coleman
Jennifer Dailey-Provost
Brad M. Daw
Susan Duckworth
Steve Eliason
Craig Hall
Stephen G. Handy
Suzanne Harrison
Sandra Hollins
Eric K. Hutchings
Dan N. Johnson
Marsha Judkins
Brian S. King
Karen Kwan
Kelly B. Miles
Carol Spackman Moss
Calvin R. Musselman
Merrill F. Nelson
Lee B. Perry
Candice B. Pierucci
Stephanie Pitcher
Val K. Potter
Marie H. Poulson
Susan Pulsipher
Paul Ray
Adam Robertson
Angela Romero
Douglas V. Sagers
Rex P. Shipp
Lawanna Shurtliff
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Keven J. Stratton
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mark A. Wheatley
Mike Winder
LONG TITLE
General Description:
This bill modifies provisions relating to the safe relinquishment of a newborn child.
Highlighted Provisions:
This bill:
▸ modifies the definition of "newborn child";
▸ subject to certain requirements, allows a parent or the parent's designee to safely
relinquish a newborn child within 30 days after the day on which the child is born;
▸ clarifies the type of information that must be provided to the Division of Child and
Family Services upon safe relinquishment of a newborn child;
▸ clarifies provisions relating to searches for a potential father of a newborn child who
is safely relinquished and notice that must be provided to the potential father;
▸ requires the Department of Health to make rules relating to the resolution of
conflicting birth and foundling certificates; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2021:
▸ to Department of Health -- Family Health and Preparedness, as an ongoing
appropriation:
• from General Fund, $50,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-2-7
, as last amended by Laws of Utah 1995, Chapter 202
62A-4a-801
, as enacted by Laws of Utah 2001, Chapter 134
62A-4a-802
, as last amended by Laws of Utah 2008, Chapters 3 and 299
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-2-7
 is amended to read:
26-2-7.
Correction of errors or omissions in vital records -- Conflicting birth and
foundling certificates -- Rulemaking.
[
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the
 department may make rules
:
(1)
 governing applications to correct alleged errors or omissions on any vital record[
.
]
;
and
(2) establishing procedures to resolve conflicting birth and foundling certificates.
Section 2. Section 
62A-4a-801
 is amended to read:
62A-4a-801.
 Definitions.
As used in this part:
(1) "Hospital" means a general acute hospital, as that term is defined in Section
26-21-2
, that is:
(a) equipped with an emergency room;
(b) open 24 hours a day, seven days a week; and
(c) employs full-time health care professionals who have emergency medical services
training.
(2) "Newborn child" means a child who is approximately [
hours
] 
days
 of age or
younger, as determined within a reasonable degree of medical certainty.
Section 3. Section 
62A-4a-802
 is amended to read:
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
hospital in accordance with the provisions of this part and retain complete anonymity, so long
as the 
newborn
 child has not been subject to abuse or neglect.
(b) Safe relinquishment of a newborn child who has not otherwise been subject to
abuse or neglect shall not, in and of itself, constitute neglect as defined in Section 
78A-6-105
,
and the 
newborn
 child shall not be considered a neglected child, as defined in Section
78A-6-105
, so long as the relinquishment 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
] 
who
 is
relinquished pursuant to the provisions of this part, and may presume that the [
person
]
individual
 relinquishing is the 
newborn
 child's parent or the parent's designee.
(b) The person receiving the newborn child may request information regarding the
parent and newborn child's medical histories, and identifying information regarding the
nonrelinquishing parent of the 
newborn
 child.
[
(c) The division shall provide hospitals with medical history forms and stamped
envelopes addressed to the division that a hospital may provide to a person relinquishing a
child pursuant to the provisions of this part.
]
(c) If the newborn child's parent or the parent's designee provides the person receiving
the newborn child with any of the information described in Subsection (2)(b) or any other
personal items, the person shall provide the information or personal items to the division.
(d) Personnel employed by [
a
] 
the
 hospital shall:
(i) provide any necessary medical care to the 
newborn
 child [
and
]
;
(ii)
 notify the division 
of receipt of the newborn child
 as soon as possible, but no later
than 24 hours after receipt of the 
newborn
 child; and
[
(ii)
] 
(iii)
 prepare a birth certificate or foundling birth certificate if parentage is
unknown 
for the newborn child
 and file 
the certificate
 with the Office of Vital Records and
Statistics 
within the Department of Health
.
(e) A hospital and personnel employed by a hospital are immune from any civil or
criminal liability arising from accepting a newborn child if the personnel employed by the
hospital substantially comply with the provisions of this part and medical treatment is
administered according to standard medical practice.
(3) The division shall assume care and custody of the 
newborn
 child immediately upon
notice from 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, 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 Dependency
Proceedings.
(5) 
(a)
 Unless identifying information relating to the nonrelinquishing parent of the
newborn child has been provided
, the division shall
:
[
(a)
] 
(i)
 [
the division shall
] work with local law enforcement and the Bureau of
Criminal Identification within the Department of Public Safety in an effort to ensure that the
newborn child has not been identified as a missing child;
[
(b)
] 
(ii)
 [
the division shall
] immediately place or contract for placement of the
newborn child in a potential adoptive home and, within 10 days after [
receipt of
] 
the day on
which
 the child 
is received
, file a petition for termination of parental rights in accordance with
Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act;
[
(c)
] 
(iii)
 [
the division shall
] direct the Office of Vital Records and Statistics 
within the
Department of Health
 to conduct a search for
:
(A)
 a birth certificate for the 
newborn
 child
;
 and [
an Initiation of Proceedings to
Establish Paternity Registry for
]
(B)
 unmarried biological fathers 
in the registry
 maintained by the Office of Vital
Records and Statistics [
within the Department of Health
] 
in accordance with Title 78B,
Chapter 15, Part 4, Registry;
 and
(iv)
 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 is utilized
for any other termination proceeding in which the identity of the child's parents is unknown;
]
described in Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
[
(d)
] 
(b) (i)
 [
if no person
] 
If no individual
 has affirmatively identified himself or herself
within two weeks after 
the day on which
 notice 
under Subsection (5)(a)(iv)
 is complete and
established paternity by scientific testing within as expeditious a time frame as practicable, a
hearing on the petition for termination of parental rights shall be scheduled[
; and
] 
and notice
provided in accordance with Title 78A, Chapter 6, Part 5, Termination of Parental Rights.
[
(e)
] 
(ii)
 [
if
] 
If
 a nonrelinquishing parent is not identified, relinquishment of a newborn
child pursuant to the provisions of this part shall be considered grounds for termination of
parental rights 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
newborn
 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 to
provide for expeditious adoption of the newborn child.
(8) So long as the [
person
] 
individual
 relinquishing a newborn child is the 
newborn
child's parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn
child in substantial compliance with the provisions of this part is an affirmative defense to any
potential criminal liability for abandonment or neglect relating to that relinquishment.
Section 4. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning on July 1,
2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Health -- Family Health and Preparedness
From General Fund
$50,000
Schedule of Programs:
Maternal and Child Health
$50,000
The Legislature intends that the appropriations under this item be used for training and
education about the availability and requirements of the safe relinquishment of a newborn child
program described in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child.