Enrolled HB 29: Relating to infants who are safely surrendered by a parent shortly after birth.
00Enrolled HB 29 01 Relating to infants who are safely surrendered by a parent shortly after birth. 02 _______________ 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 Haven for Infants Act. 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 surrender of infant. A parent may 09 not be criminally prosecuted for surrendering a child of the parent if the child 10 (1) is an infant who is less than 21 days of age; 11 (2) is surrendered in the manner described in AS 47.10.013(c); and 12 (3) is not the subject of a court order affecting custody of the child. 13 * Sec. 3. AS 47.10.013 is amended by adding new subsections to read: 14 (c) A parent who is immune from prosecution under AS 11.81.500 and 15 chooses to surrender an infant shall surrender the infant in the manner described in this
01 subsection. Surrendering the infant in the manner described in this subsection 02 constitutes abandonment for purposes of this chapter. An infant's parent is considered 03 to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 04 AS 47.10.120, the parent's legal duty to support the infant is extinguished if 05 (1) the parent, without expressing an intent to return for the infant, 06 leaves the infant in the physical custody of a person who is a 07 (A) person the parent reasonably believes would provide for 08 the health and safety of the infant and who would act appropriately to care for 09 the infant; 10 (B) peace officer, community health aide, physician, or hospital 11 employee; or 12 (C) person who is employed by or is a volunteer for a fire 13 department or emergency medical service, if the person is acting within the 14 scope of the person's fire department or emergency medical service duties; and 15 (2) there is no evidence the infant has been physically injured before 16 abandonment. 17 (d) A person to whom an infant is surrendered in the manner described in 18 (c)(1)(B) or (C) of this section shall 19 (1) act appropriately to care for the infant; 20 (2) inform the parent that the parent may, but is not required to, answer 21 any questions regarding the name, identity, and medical history of the infant and 22 parents of the infant unless the parent chooses to contact the department under (3) of 23 this subsection; 24 (3) ask the parent if the parent wishes to relinquish the parent's 25 parental rights and release the infant for adoption; if the answer is affirmative, the 26 person shall contact the department so that the parent can discuss that option with the 27 department; 28 (4) immediately notify the nearest office of the department that the 29 infant has been surrendered in the manner described in (c) of this section. 30 (e) An individual, agency, facility, or entity that receives an infant abandoned 31 safely under (c) of this section is not liable for civil damages for failure to discharge
01 the duties listed in (d) of this section. 02 (f) A record regarding the surrender of an infant under (c) of this section is 03 confidential and not subject to public inspection or copying under AS 40.25.100 - 04 40.25.220. 05 * Sec. 4. AS 47.10.086(a) is amended to read: 06 (a) Except as provided in (b), (c), and (g) [(b) AND (c)] of this section, the 07 department shall make timely, reasonable efforts to provide family support services to 08 the child and to the parents or guardian of the child that are designed to prevent out-of- 09 home placement of the child or to enable the safe return of the child to the family 10 home, when appropriate, if the child is in an out-of-home placement. The department's 11 duty to make reasonable efforts under this subsection includes the duty to 12 (1) identify family support services that will assist the parent or 13 guardian in remedying the conduct or conditions in the home that made the child a 14 child in need of aid; 15 (2) actively offer the parent or guardian, and refer the parent or 16 guardian to, the services identified under (1) of this subsection; the department shall 17 refer the parent or guardian to community-based family support services whenever 18 community-based services are available and desired by the parent or guardian; and 19 (3) document the department's actions that are taken under (1) and (2) 20 of this subsection. 21 * Sec. 5. AS 47.10.086 is amended by adding a new subsection to read: 22 (g) The department is not required to make reasonable efforts of the type 23 described in (a) of this section if the department took emergency custody of an infant 24 under AS 47.10.142 after the infant was abandoned safely within the meaning of 25 AS 47.10.013(c). 26 * Sec. 6. AS 47.10.990 is amended by adding a new paragraph to read: 27 (32) "infant" means a child who is less than 21 days of age.