SB 8 — Providing additional sites and devices for newborn safe surrender

SB8 H JUD AMTAM #1Morgan 3345 The Committee on the Judiciary moved to amend the bill on page 1, by striking outeverything after the titleenacting clause and substitutinginserting thereforin alieu newthereof title,the tofollowing: read as follows:Com.

Sub.“ARTICLE 4.

for COURT S.ACTIONS.

B.§49-4-201.

8:Accepting possession of certain relinquished children.

“A(a) BILLA tohospital amendor andhealth reenactcare §49-4-201facility andoperating §49-4-206in ofthis thestate, Codeor of West Virginia, 1931, as amended, relating to expanding the places that can be designated a safefire surrenderdepartment, site to include emergency medical service facilities,facility, police departments,department, 911 call centers,center, or sheriff’s detachments,detachment relatingthat tohas allowingbeen emergencydesignated medicala servicesafe-surrender facilities,site policeunder departments,§49-4-206 911of callthis centers,code, orshall, sheriff’swithout detachmentsa thatcourt order, take possession of a child toif performthe anychild actis necessaryvoluntarily delivered to protect the physicalhospital, health care facility, or safetyfire ofdepartment, theemergency child,medical relatingservice tofacility,  permittingpolice thedepartment, installation911 ofcall newborncenter, safetyor devicessheriff’s atdetachment emergencyby medicalthe servicechild’s facilities,parent policewithin departments,30 911days callof centers,the orchild’s sheriff’sbirth, detachmentsand thatthe haveparent beendid designatednot asexpress safe-surrenderan sites;intent to return for the child.

and(b) providingA conditionshospital, forhealth care facility, or fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment that takes possession of a child under this article shall perform any act necessary to protect the same.”   AdoptedRejected physical health or safety of the child.

In accepting possession of the child, the hospital, health care facility, or fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment may not require the person to identify himself or herself and shall otherwise respect the person’s desire to remain anonymous.(c) Hospitals, health care facilities, and fire departments, emergency medical service facilities, police departments, 911 call center, and sheriff’s detachments designated as safe-surrender sites under §49-4-206 of this code may install and operate newborn safety devices as defined in this section.

(d) "Newborn safety device" means a device:(1) Designed to permit a person to anonymously place a child under 30 days of age in the device with the intent to leave the child, and for a licensed emergency medical services provider to remove the child from the device and take custody of him or her;(2) Equipped with an adequate dual alarm system connected to the physical location where the device is physically installed.

The dual alarm system shall:(A) Be tested at least one time per week to ensure the alarm system is in working order;

and(B) Be visually checked at least two times per day to ensure the alarm system is in working order;(C) Notify a centralized location in the facility within 30 seconds of a child being placed in the device;

and(D) Trigger a 911 call if staff at the facility do not respond within 15 minutes after a child is placed in the device.(3) Be approved by and physically located, with outside access, at a participating hospital or medical facility, or a fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment that has been designated a safe-surrender site under §49-4-206 of this code that:(A) Is licensed or otherwise legally operating in this state;

and(B) Is staffed continuously on a 24-hour basis every day by a licensed emergency medical services provider;

and(4) Is located in an area that is conspicuous and visible to a hospital, a medical facility, or a fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment.(d) (e) A person who relinquishes a child in a newborn safety device may remain anonymous and shall not be pursued, and the relinquishment of a child pursuant to the provisions of this section shall not, in and of itself, be considered child abuse and neglect as that term is defined in §49-1-201 of this code.(e) (f) Any emergency medical services provider who physically retrieves a child from a newborn safety device shall immediately arrange for the child to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment.

(f) (g) By placing a child in a newborn safety device, the person:(1) Waives the right to notification required by subsequent court proceedings;

and(2) Waives legal standing to make a claim of action against any person who accepts physical custody of the child.(g) (h) An emergency medical services provider with the duty granted in this article whose actions are taken in good faith is immune from criminal or civil liability, unless his or her actions were the result of gross negligence or willful misconduct.

The grant of immunity in this section extends to all employees and administrators of the emergency medical services provider.(h) (i) The provisions of subsection (d) (e) of this section shall not apply when indicators of child physical abuse or child neglect are present.

§49-4-206.

Designation of local fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment as a safe-surrender site;

posting requirement.

The governing entity of a local fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment that is staffed 24 hours a day, seven days a week, may designate the premises of its fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment as a safe-surrender site to accept physical custody of a child who is 30 days old or younger from a parent of the child and who surrenders the child pursuant to §49-4-201 of this code.

 A local fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment that is designated a safe-surrender site shall post a sign that notifies the public that it is a location where a child 30 days old or younger may be safely surrendered pursuant to this article.”  AdoptedRejected