SB 22: "An Act relating to babies who are safely surrendered by a parent shortly after birth."
00 SENATE BILL NO. 22 01 "An Act relating to babies who are safely surrendered by a parent shortly after birth." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Safe Surrender of Babies Act of 2001. 06 * Sec. 2. AS 11.81 is amended by adding a new section to read: 07 Article 4A. Prohibition on Prosecution. 08 Sec. 11.81.500. No prosecution for safe surrendering of newborn. A 09 parent may not be criminally prosecuted for surrendering a child of the parent in the 10 manner described in AS 47.10.013(c). 11 * Sec. 3. AS 47.10.013 is amended by adding new subsections to read: 12 (c) A parent may not be criminally prosecuted for surrendering a child in the 13 manner described in this subsection although surrendering the child in the manner 14 described in this subsection constitutes abandonment for purposes of this chapter. A 15 child's parent is considered to have abandoned the child safely, and, notwithstanding
01 AS 25.20.030 and AS 47.10.120, the parent's legal duty to support the child is 02 extinguished, if 03 (1) within 72 hours after the child's birth, the parent, without 04 expressing an intent to return for the child, leaves the child in the physical custody of a 05 person who the parent reasonably believes is a peace officer, a physician or hospital 06 employee in a hospital or hospital emergency room, or a volunteer with or employee 07 of a fire station or emergency medical service who is performing activities within the 08 scope of the volunteer's or employee's fire services or emergency medical services 09 duties; and 10 (2) there is no evidence at the time of abandonment that the child has 11 been physically injured. 12 (d) A person to whom a child is abandoned safely within the meaning of (c) of 13 this section shall 14 (1) act appropriately to care for the child; 15 (2) inform the parent that the parent is not required to answer any 16 questions regarding the name or identity of the child or the parents of the child unless 17 the parent chooses to contact the department under (4) of this subsection; 18 (3) offer the parent a chance for counseling regarding the laws relating 19 to relinquishing parental rights with respect to a child under AS 25.23.180 and other 20 related legal and personal issues; 21 (4) ask the parent if the parent wishes to relinquish the parent's 22 parental rights and release the child for adoption; if the answer is affirmative, the 23 person shall contact the department so that the parent can discuss that option with the 24 department; 25 (5) inform the parent that the department will take the child into 26 emergency custody under AS 47.10.142 and that, if the parent does not request return 27 of the child from the department within 28 days, the department will seek termination 28 of the parent's parental rights to the child, and the child may be placed for adoption; 29 (6) notify the department that the child has been abandoned. 30 (e) The department may not seek to terminate the parental rights of the parent 31 of a child abandoned safely by the parent within the meaning of (c) of this section
01 until at least 28 days have elapsed since the child was abandoned under (c) of this 02 section. If the child is returned to the parent during that 28 days or at a later time, the 03 parent's legal duty to support the child is prospectively reinstated. 04 (f) A hospital, hospital emergency room, fire station, emergency medical 05 service, or employees or volunteers of these entities, are not liable for civil damages 06 for failure to discharge the duties listed in (d) of this section. 07 (g) A record regarding the surrender of a child under (c) of this section is 08 confidential and not subject to public inspection or copying under AS 40.25.100 - 09 40.25.220. 10 * Sec. 4. AS 47.10.086(a) is amended to read: 11 (a) Except as provided in (b), (c), and (g) [(b) AND (c)] of this section, the 12 department shall make timely, reasonable efforts to provide family support services to 13 the child and to the parents or guardian of the child that are designed to prevent out-of- 14 home placement of the child or to enable the safe return of the child to the family 15 home, when appropriate, if the child is in an out-of-home placement. The 16 department's duty to make reasonable efforts under this subsection includes the duty to 17 (1) identify family support services that will assist the parent or 18 guardian in remedying the conduct or conditions in the home that made the child a 19 child in need of aid; 20 (2) actively offer the parent or guardian, and refer the parent or 21 guardian to, the services identified under (1) of this subsection; the department shall 22 refer the parent or guardian to community-based family support services whenever 23 community-based services are available and desired by the parent or guardian; and 24 (3) document the department's actions that are taken under (1) and (2) 25 of this subsection. 26 * Sec. 5. AS 47.10.086 is amended by adding a new subsection to read: 27 (g) The department is not required to make reasonable efforts of the type 28 described in (a) of this section if the department took emergency custody of the child 29 under AS 47.10.142 after the child was abandoned safely within the meaning of 30 AS 47.10.013(c).