CSSB 9(HSS): "An Act relating to the surrender of infants; and providing for an effective date."
00 CS FOR SENATE BILL NO. 9(HSS) 01 "An Act relating to the surrender of infants; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.013(c) is amended to read: 04 (c) A parent who is immune from prosecution under AS 11.81.500 and 05 chooses to surrender an infant shall surrender the infant in the manner described in this 06 subsection. Surrendering the infant in the manner described in this subsection 07 constitutes abandonment for purposes of this chapter. An infant's parent is considered 08 to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 09 AS 47.10.120, the parent's legal duty to support the infant is extinguished if 10 (1) the parent, without expressing an intent to return for the infant, 11 leaves the infant 12 (A) in the physical custody of a person who 13 (i) [IS A (A) PERSON] the parent reasonably believes 14 would provide for the health and safety of the infant and who would act 15 appropriately to care for the infant;
01 (ii) is a [(B)] peace officer, community health aide, 02 physician, or hospital employee; or 03 (iii) [(C) PERSON WHO] is employed by or is a 04 volunteer for a fire department or emergency medical service, if the 05 person is acting within the scope of the person's fire department or 06 emergency medical service duties; or 07 (B) in an infant safety device that 08 (i) is physically affixed to an exterior wall or located 09 inside of a hospital, emergency department, freestanding birth 10 center as defined in AS 47.32.900, health facility as defined in 11 AS 47.07.900 that is owned or managed by a tribal health 12 organization as defined in AS 17.30.200(d), office of a private 13 physician whether in individual or group practice, rural health 14 clinic as defined in AS 47.32.900, municipal police department, 15 state trooper post, fire department, or other facility designated by 16 the commissioner as an appropriate location for an infant safety 17 device under regulations adopted by the commissioner; and 18 (ii) meets the requirements of (h) of this section; and 19 (2) there is no evidence the infant has been physically injured before 20 abandonment. 21 * Sec. 2. AS 47.10.013(d) is amended to read: 22 (d) A person to whom an infant is surrendered in the manner described in 23 (c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 24 (1) act appropriately to care for the infant; 25 (2) inform the parent that the parent may, but is not required to, answer 26 any questions regarding the name, identity, and medical history of the infant and 27 parents of the infant unless the parent chooses to contact the department under (3) of 28 this subsection; 29 (3) ask the parent if the parent wishes to relinquish the parent's 30 parental rights and release the infant for adoption; if the answer is affirmative, the 31 person shall contact the department so that the parent can discuss that option with the
01 department; 02 (4) immediately notify the nearest office of the department that the 03 infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 04 section. 05 * Sec. 3. AS 47.10.013(e) is amended to read: 06 (e) An individual, agency, designated facility, or entity that receives an infant 07 abandoned safely under (c) of this section is not liable for civil damages for failure to 08 discharge the duties listed in (d) of this section. 09 * Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 10 (g) A designated facility that receives an infant surrendered under (c)(1)(B) of 11 this section shall immediately notify the nearest office of the department that the infant 12 has been surrendered under (c)(1)(B) of this section. 13 (h) An infant safety device must be 14 (1) located in an area that is conspicuous and visible to employees of a 15 designated facility; 16 (2) climate-controlled; 17 (3) clearly marked with appropriate signage that includes 18 (A) the phone number for a service that provides support for 19 parents in crisis; 20 (B) a list of alternatives to using the infant safety device; 21 (C) a statement that placing an infant into the infant safety 22 device constitutes abandonment and may lead to the involuntary termination of 23 the parent's rights to the child and the release of the child for adoption or other 24 permanent placement; 25 (4) equipped with 26 (A) a system that automatically transmits a request to the 911 27 emergency system for the immediate dispatch of an emergency medical 28 services provider to the location of the infant safety device when the infant 29 safety device is opened; 30 (B) a video surveillance system that allows employees of the 31 designated facility to monitor the interior of the infant safety device 24 hours a
01 day; and 02 (C) an automated lock that secures the infant inside the infant 03 safety device after deposit; and 04 (5) approved by the department; in determining whether to approve a 05 proposed infant safety device, the department shall consider 06 (A) whether the device is an appropriate size; 07 (B) the safety of the device; and 08 (C) ways to minimize unauthorized uses of the device. 09 (i) The department may provide training to emergency medical service 10 providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 11 employees of a designated facility in how to implement and comply with the 12 requirements for the surrender of an infant as described in this section. 13 (j) If the department determines that an infant abandoned under (c)(1)(B) of 14 this section is an Indian child, the department shall immediately contact the Indian 15 child's tribe. 16 (k) In this section, "designated facility" means a facility described in 17 (c)(1)(B)(i) of this section that has an infant safety device located at the facility. 18 * Sec. 5. This Act takes effect July 1, 2026.