Iowa 2023-2024 Regular Session Status: Enacted

HF 474 — A bill for an act relating to placement of custody of a newborn infant under the newborn safe haven Act.

Last action — Signed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on April 28, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

311 added · 340 removed

311 line(s) added, 340 removed.

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KMRENLDS O FICE OF THE GOVERNOR AAMGEGG GVENOR TGVENOR Arl2,223 TheooabePulae SceayofttefIwa SaeCptl Desons,Iwa039 DerM.Sceay, Ihrbyrnm:
House File 474 - Enrolled House File 474 AN ACT RELATING TO PLACEMENT OF CUSTODY OF A NEWBORN INFANT UNDER THE NEWBORN SAFE HAVEN ACT.
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Y II!!1l1 l !.1 1Ill 19!l 1 I!Il1 I I U1iI:)1 l:l!1 l1R!I I 1 ! House File 474 AN ACT RELATING TO PLACEMENT OF CUSTODY OF A NEWBORN INFANT UNDER THE NEWBORN SAFE HAVEN ACT.
Section 1 .
Section 1.
NEW SUBSECTION.
NEW SUBSECTION .
Newborn infant - means the same as defined in section 233.1.
“Newborn infant” means the same as defined in section 233.1.
2 .
2.
NEW SUBSECTION.
NEW SUBSECTION .
Notwithstanding any provision to the contrary including priority in placement of a child under subsection 8 , if an ex parte order is requested from the juvenile court under this section pursuant to section 233.2 for transfer of custody of a newborn infant, one of the following shall be applicable:
Notwithstanding any provision to the contrary including priority in placement of a child under subsection 8, if an ex parte order is requested from the juvenile court under this section pursuant to section 233.2 for transfer of custody of a newborn infant, one of the following shall be applicable:
Upon receiving the order, the department or the adoption service provider shall take custody of the newborn infant and House File 474, p .
Upon receiving the order, the department or the adoption service provider shall take custody of the newborn infant and House File 474, p.
C.
c.
For the purposes of this subsection, ' adoption service provider -means the same as defined in section 233.1.
For the purposes of this subsection, “adoption service provider” means the same as defined in section 233.1.
3 .
3.
Notwithstanding any provision to the contrary including placement of custody of a child pursuant to subsection 2 , if the hearing under this section is the result of a request for an ex parte order from the court pursuant to section 232.78 for a newborn infant for whom physical custody was relinquished pursuant to section 233.2, the court shall place custody of the child as provided in section 232.78, subsection 9 , and proceed in accordance with chapter 233.
Notwithstanding any provision to the contrary including placement of custody of a child pursuant to subsection 2, if the hearing under this section is the result of a request for an ex parte order from the court pursuant to section 232.78 for a newborn infant for whom physical custody was relinquished pursuant to section 233.2, the court shall place custody of the child as provided in section 232.78, subsection 9, and proceed in accordance with chapter 233.
NEW SUBSECTION.
NEW SUBSECTION .
NEW SUBSECTION.
NEW SUBSECTION .
233.1 Newborn safe haven Act — definitions.
233.1 Newborn safe haven Act —— definitions.
This chapter may be cited as the -Newborn Safe Haven Act -.
1.
This chapter may be cited as the “Newborn Safe Haven Act”.
2.
Adoption service provider - means a state-licensed private agency which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code and which represents itself as placing children permanently or temporarily in private family homes, receiving children for placement in private family homes, and actually engaging in placement of House File 474, p .
“Adoption service provider” means a state-licensed private agency which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code and which represents itself as placing children permanently or temporarily in private family homes, receiving children for placement in private family homes, and actually engaging in placement of House File 474, p.
-Certified adoption investigator -means the same as defined in section 600A.2.
“Certified adoption investigator” means the same as defined in section 600A.2.
"Department -means the department of health and human services.
“Department” means the department of health and human services.
First responder -means an emergency medical care provider, a registered nurse staffing an authorized service program under section 147A.12, a physician assistant staffing an authorized service program under section 147A.13, a fire fighter, or a peace officer as defined in section 801.4.
“First responder” means an emergency medical care provider, a registered nurse staffing an authorized service program under section 147A.12, a physician assistant staffing an authorized service program under section 147A.13, a fire fighter, or a peace officer as defined in section 801.4.
b• e.
b.
~Institutional health facility ameans a hospital as defined i n section 135B.1, including a facility providing medical or health services that i s open twenty-four hours per day, seven days per week and i s a hospital emergency room o r a health care facility as defined in section 135C.1.
e.
e- f .
“Institutional health facility” means a hospital as defined in section 135B.1, including a facility providing medical or health services that is open twenty-four hours per day, seven days per week and is a hospital emergency room or a health care facility as defined in section 135C.1.
Newborn infant -means a child who i s, or who appears to be, ninety days of age o r younger.
c.
f.
“Newborn infant” means a child who is, or who appears to be, ninety days of age or younger.
233.1A Required training and certification in cardiopulmonary resuscitation and first aid — adoption service provider employees.
233.1A Required training and certification in cardiopulmonary resuscitation and first aid —— adoption service provider employees.
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B.
8.
Section 233.2, Code 2023, i s amended to read as follows:
Section 233.2, Code 2023, is amended to read as follows:
A parent of a newborn infant may voluntarily release custody of the newborn infant by relinquishing physical custody of the newborn infant, without expressing an intent to again assume physical custody, at an institutional health facility or to an adoption service provider or by authorizing another person to relinquish physical custody on the parent's behalf.
A parent of a newborn infant may voluntarily release custody of the newborn infant by relinquishing physical custody of the newborn infant, without expressing an intent to again assume physical custody, at an institutional health facility or to an adoption service provider or by authorizing another person to relinquish physical custody on the parent’s behalf.
If physical custody of the newborn infant i s not relinquished directly to an individual on duty at the institutional health facility or to an adoption service provider, the parent may take other actions to be reasonably sure that an individual on House File 474, p.
If physical custody of the newborn infant is not relinquished directly to an individual on duty at the institutional health facility or to an adoption service provider , the parent may take other actions to be reasonably sure that an individual on House File 474, p.
4 duty or the adoption service provider is aware that the newborn infant has been left at the institutional health facility or the location of the adoption service provider.
4 duty or the adoption service provider is aware that the newborn infant has been left at the institutional health facility or the location of the adoption service provider .
In lieu of the procedure described in paragraph -a-, a parent of a newborn infant may make telephone contact with a 911 service and relinquish physical custody of the newborn infant, without expressing an intent to again assume physical custody, to a first responder who responds to the 911 telephone call.
In lieu of the procedure described in paragraph “a”, a parent of a newborn infant may make telephone contact with a 911 service and relinquish physical custody of the newborn infant, without expressing an intent to again assume physical custody, to a first responder who responds to the 911 telephone call.
For the purposes of this chapter and for any judicial proceedings associated with the newborn infant, a rebuttable presumption arises that the person who relinquishes physical custody at an institutional health facility, to an adoption service provider, or to a first responder in accordance with this section is the newborn infant's parent or has relinquished physical custody with the parent's authorization.
For the purposes of this chapter and for any judicial proceedings associated with the newborn infant, a rebuttable presumption arises that the person who relinquishes physical custody at an institutional health facility, to an adoption service provider, or to a first responder in accordance with this section is the newborn infant’s parent or has relinquished physical custody with the parent’s authorization.
The individual on duty, the adoption service provider, or the first responder may request the parent or other person to provide the name of the parent or parents and information on the medical history of the newborn infant and the newborn infant's parent or parents.
The individual on duty, the adoption service provider, or the first responder may request the parent or other person to provide the name of the parent or parents and information on the medical history of the newborn infant and the newborn infant’s parent or parents.
The individual on duty and the institutional health facility House File 474, p .
The individual on duty and the institutional health facility House File 474, p.
If the physical custody of a newborn infant is relinquished to a first responder or to an adoption service provider, the first responder or the adoption service provider shall transport the newborn infant to the nearest institutional health facility.
If the physical custody of a newborn infant is relinquished to a first responder or to an adoption service provider , the first responder or the adoption service provider shall transport the newborn infant to the nearest institutional health facility.
If the physical custody of the newborn infant is relinquished at an institutional health facility, the state shall reimburse the institutional health facility for the institutional health facility's actual expenses in providing care to the newborn infant and in performing acts necessary to protect the physical health or safety of the newborn infant.
If the physical custody of the newborn infant is relinquished at an institutional health facility, the state shall reimburse the institutional health facility for the institutional health facility’s actual expenses in providing care to the newborn infant and in performing acts necessary to protect the physical health or safety of the newborn infant.
The reimbursement shall be paid from moneys appropriated for this purpose to the department of human scrviccs.
The reimbursement shall be paid from moneys appropriated for this purpose to the department of human services .
As soon as possible after the individual on duty, the adoption service provider, or the first responder assumes physical custody of a newborn infant released under subsection 1, and, if applicable, the adoption service provider or the first responder transports the newborn infant to the nearest institutional health facility under subsection 2 , paragraph b -, the individual er-on duty shall notify either the department or an adoption service provider and the first House File 474, p.
As soon as possible after the individual on duty, the adoption service provider, or the first responder assumes physical custody of a newborn infant released under subsection 1, and, if applicable, the adoption service provider or the first responder transports the newborn infant to the nearest institutional health facility under subsection 2, paragraph “b”, the individual or on duty shall notify either the department or an adoption service provider and the first House File 474, p.
6 responder shall notify the department of human scrviccs and tbe.
6 responder shall notify the department of human services and the.
(1) If physical custody of the newborn infant was not initially relinquished to an adoption service provider, the department shall immediately notify the juvenile court and the county attorney of the department's action and the circumstances surrounding the action and request an ex parte order from the juvenile court ordering, in accordance with the requirements of section 232.78, subsection 9 , the department to take custody of the newborn infant.
(1) If physical custody of the newborn infant was not initially relinquished to an adoption service provider, the department shall immediately notify the juvenile court and the county attorney of the department’s action and the circumstances surrounding the action and request an ex parte order from the juvenile court ordering, in accordance with the requirements of section 232.78, subsection 9, the department to take custody of the newborn infant.
() If physical custody of the newborn infant was initially relinquished to an adoption service provider, the adoption service provider shall immediately notify the juvenile court and the county attorney of the adoption service provider's action and the circumstances surrounding the action and request an ex parte order from the juvenile court ordering, in accordance with the requirements of section 232.78, subsection 9, the adoption service provider to take custody of the newborn infant.
(2) If physical custody of the newborn infant was initially relinquished to an adoption service provider, the adoption service provider shall immediately notify the juvenile court and the county attorney of the adoption service provider’s action and the circumstances surrounding the action and request an ex parte order from the juvenile court ordering, in accordance with the requirements of section 232.78, subsection 9, the adoption service provider to take custody of the newborn infant.
Within twenty-four hours of the department or the adoption service provider taking custody of the newborn infant, the department or the adoption service provider shall notify the juvenile court and the county attorney in writing of the department's or adoption service provider's action and the circumstances surrounding the action.
Within twenty-four hours of the department or the adoption service provider taking custody of the newborn infant, the department or the adoption service provider shall notify the juvenile court and the county attorney in writing of the department’s or adoption service provider’s action and the circumstances surrounding the action.
Upon being notified in writing by the department or the adoption service provider under subsection 3 , the county attorney shall file a petition alleging the newborn infant to be a child in need of assistance in accordance with section 232.87 and a petition for termination of parental rights with respect to the newborn infant in accordance with section 232.111, subsection 2 , paragraph a -.
Upon being notified in writing by the department or the adoption service provider under subsection 3, the county attorney shall file a petition alleging the newborn infant to be a child in need of assistance in accordance with section 232.87 and a petition for termination of parental rights with respect to the newborn infant in accordance with section 232.111, subsection 2, paragraph “a”.
In addition, prior to holding a termination of parental rights hearing with respect to the newborn infant, notice by publication shall be provided as described in section 600A.6, subsection 5 .
In addition, prior to holding a termination of parental rights hearing with respect to the newborn infant, notice by publication shall be provided as described in section 600A.6, subsection 5.
House File 474, p .
House File 474, p.
Section 233.5, subsection 2 , Code 2023, is amended to read as follows:
Section 233.5, subsection 2, Code 2023, is amended to read as follows:
The newborn infant and the newborn infant's counsel.
The newborn infant and the newborn infant’s counsel.
The newborn infant's parent, guardian, custodian, and those persons' counsel.
The newborn infant’s parent, guardian, custodian, and those persons’ counsel.
The newborn infant's court appointed special advocate and guardian ad litem.
The newborn infant’s court appointed special advocate and guardian ad litem.
The county attorney and the county attorney's assistants.
The county attorney and the county attorney’s assistants.
f, An agency, adoption service provider, association, facility, or institution which has custody of the newborn infant, or is legally responsible for the care, treatment, or supervision of the newborn infant.
f.
An agency, adoption service provider, association, facility, or institution which has custody of the newborn infant, or is legally responsible for the care, treatment, or supervision of the newborn infant.
The newborn infant's foster parent or an individual providing a prospective adoptive home or preadoptive care to the newborn infant.
The newborn infant’s foster parent or an individual providing a prospective adoptive home or preadoptive care to the newborn infant.
The department of human scrviccn, in consultation with the Iowa dcpartme_nt of public health and the department of justice, shall develop and distribute the following:
The department of human services, in consultation with the Iowa department of public health and the department of justice, shall develop and distribute the following:
The publication shall inform the parent of a parent's rights under section 233.4, explain the request for medical history information under section 233.2, subsection 2 , and provide other information deemed pertinent by the departments.
The publication shall inform the parent of a parent’s rights under section 233.4, explain the request for medical history information under section 233.2, subsection 2, and provide other information deemed pertinent by the departments.
PAT GRASSLEY Speaker of fhe House President of the Senate I hereby certify that this bill originated in the House and is known as House File 474, Ninetieth General Assembly.
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 474, Ninetieth General Assembly.
ME,#,N NELSON Ch :fjCle rk of the House Approved A'PY • i M ä , 2023 V KIM REYNOLDS Governor
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Amendments

5 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Explanation of vote.

  4. Message from House.

  5. Immediate message.

  6. Passed House, yeas 95, nays 0.

  7. House concurred in Senate amendment H-1255.

  8. Senate amendment H-1255 filed.

  9. Message from Senate.

  10. Immediate message.

  11. Passed Senate, yeas 50, nays 0.

  12. Amendment S-3130 filed, adopted.

  13. Amendment S-3144 filed, lost.

  14. Placed on calendar under unfinished business.

  15. Committee report, recommending passage.

  16. Subcommittee recommends passage. [].

  17. Subcommittee Meeting: 03/28/2023 12:30PM Room 217 Conference Room.

  18. Subcommittee: Rowley, Petersen, and Shipley.

  19. Read first time, referred to Judiciary.

  20. Message from House.

  21. Immediate message.

  22. Passed House, yeas 93, nays 2.

  23. Amendment H-1154 adopted, as amended.

  24. Amendment H-1158 to amendment H-1154 filed, adopted.

  25. Amendment H-1154 filed.

  26. Introduced, placed on calendar.

Sponsors

  • COMMITTEE ON JUDICIARY · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON JUDICIARY

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HF 474?
HF 474 is sponsored by COMMITTEE ON JUDICIARY.
What is the current status of HF 474?
This bill has been enacted into law. Introduced February 27, 2023. Enacted.
Where can I track HF 474?
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