SB 63

Abstract

Safe haven protections; newborn safety device. Provides an affirmative defense in certain criminal prosecutions and civil proceedings regarding child abuse or neglect to a parent who safely delivers his child within the first 30 days of the child's life to a newborn safety device located at a hospital that provides 24-hour emergency services or at an attended emergency medical services agency that employs emergency medical services personnel. The bill also provides civil and criminal immunity to such hospitals and emergency medical services agencies for injuries to children received through such newborn safety devices, provided that (i) the injuries are not the result of gross negligence or willful misconduct and (ii) the hospital or emergency medical services agency meets certain requirements regarding the establishment, functioning, and testing of the device. Current law requires the child to be delivered within the first 14 days of the child's life at such hospital or emergency medical services agency. This bill incorporates SB 175 and is identical to HB 16.

Abuse and neglect of a child; safe haven defense.Increases from 14 days to 30 days the maximum age of an infant whoma parent may voluntarily deliver to a hospital or emergency medical services agency and claim an affirmative defense to prosecution for abuse or neglect if such prosecution is based solely upon the parent'shaving left the infant at such facility.