TO
HOUSE BILL NO. 555
AMEND House Bill No. 555 as amended by House Amendments 5, 7, 8 and 9 by striking lines 1 through 56 and substituting thereto as follows:
Section 1. Amend Title 11 of the Delaware Code by adding a new section thereto designated as Section 1103A, to read as follows:
"§1103A. Abandonment of a child at certain medical facilities as defense.
In any prosecution for an offense set forth in §1101 and §1102 of this Title, it is a defense if the person surrendered care or custody of a newborn infant at a hospital emergency department or directly to a person at an occupied medical facility provided that said new born infant is surrendered alive, unharmed and in a safe place. For the purposes of this section "newborn infant" means a child not more than fourteen days old.".
Section 2. Amend Section 902 of Title 16 of the Delaware Code by redesignating subsections (11), (12) and (13) thereof as subsections "(12)", "(13)", and "(14)" and by adding a new subsection thereto to be designated as subsection "(11)", to read as follows:
"(11) ‘Newborn infant’ shall mean a child not more than fourteen (14) days old.".
Section 3. Amend Section 907 (a) of Title 16 of the Delaware Code by adding immediately after the last sentence of said subsection the following:
"Any person taking a child into temporary emergency protective custody pursuant to this subsection shall make a reasonable attempt to so advise the parent, guardian or other persons legally responsible for the child’s care.".
Section 4. Amend Section 907 (b) of Title 16 of the Delaware Code by striking the first sentence thereof, and by substituting in lieu thereof the following:
"Any person taking a child into temporary emergency protective custody pursuant to this section shall immediately notify the Division, in the County in which the child is located, of his or her actions. The Division shall notify the community that a new born infant has been abandoned and taken into temporary emergency protective custody by publishing notice to that effect in a newspaper of daily or weekly circulation in the area where the newborn infant was surrendered. The notice must be published at least 3 times over a 3-month period immediately following the surrender of the newborn infant unless after the 1st or 2nd notice the Division receives the necessary information. The notice at a minimum shall contain the place, date and time where the newborn infant was abandoned, the infant’s sex, race, approximate age, identifying marks, and any other information the Department deems necessary for the infant’s identification.".
Section 5. Amend Section 907 of Title 16 of the Delaware Code by adding a new subsection (f) thereto, to read as follows:
"(f)(1) A person may voluntarily surrender a newborn infant at the emergency department of a licensed Delaware hospital or directly to a person at an occupied medical facility provided that said infant is surrender alive, unharmed and in a safe place.
(2) A Delaware licensed hospital, or medical facility shall be authorized to take temporary emergency protective custody of the newborn infant who is surrendered pursuant to this subsection. The person who surrenders the newborn infant shall not be required to provide any information pertaining to his or her identity nor shall the Delaware licensed hospital, or medial facility, inquire as to same. However, the Delaware licensed hospital, or medical facility may make reasonable efforts to obtain pertinent medical history information pertaining to the newborn infant or to the newborn infant’s family.".
Section 6. Amend Section 908 of Title 16 of the Delaware Code by striking the period "." as it appears in the heading of said section, and by substituting in lieu thereof the following:
", and special reimbursement to hospitals for expenses related to certain newborn infants.".
Section 7. Amend Section 908 of Title 16 of the Delaware Code by redesignating the existing text of said Section subsection "(a)" and by adding a new subsection "(b)" thereto, to read as follows:
"(b) A hospital, hospital staff member, hospital volunteer, or person employed by or volunteering for a medical facility which accepts temporary emergency protective custody of a newborn infant pursuant to Section 907 (f) of this Title, is absolutely immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the newborn infant not more than 14 days old when left at the hospital while said newborn infant is in the hospital’s temporary emergency protective custody. If a hospital accepts temporary emergency protective custody of a newborn infant not more than 14 days old pursuant to Section 907)(f) of this Title, the State of Delaware shall reimburse the hospital for the hospital’s actual and reasonable expenses under the Medicaid Fees for Service Program.".
Section 8. Amend Section 1101(l) of Title 13 of the Delaware Code by adding a new paragraph thereto to be designated as paragraph "d.", to read as follows:
"d. A minor who came into the care of the Department or a licensed agency pursuant to Section `907(f) of Title 16 of the Delaware Code, where the respondent has not manifested an intent to exercise parental rights and responsibilities.".
Section 9. The Department of Health and Social Services and the Department of Services for Children, Youth and Their Families shall design, coordinate and implement appropriate methods to educate Delawareans as to the intent, purposes and operation of this Act. The Department shall promulgate a form to be distributed to hospitals and medical facilities and which shall be furnished to a person who surrenders the care or custody of a newborn to a hospital or facility. The form shall advise the person of the availability of counseling services and shall elicit from the person relevant health history of the newborn and the newborn’s parents.
Section 10. The provisions of this Act shall expire three years after its enactment into law, if the Director of the Division of Family Services certifies prior to that date that the adoption process is being avoided as a result of this Act.
Section 11. A committee to oversee implementation of this Act is hereby established. The committee shall consist of seven members, one of whom shall be the chairperson of the committee on Health and Human Development of the Delaware House of Representatives, one shall be the chairperson of the Committee on Health and Social Services of the Delaware Senate, one shall be designated by the Secretary of the Department of Health and Social Services, one shall be the Director of the Division of Family Services, one shall be the Child Advocate, and two shall be members of the public appointed by the Governor.
This Amendment incorporated the other amendments and becomes the bill.