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AL SB209
Bill
Status
4/12/2023
Primary Sponsor
Larry Stutts
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AI Summary
SB209 Summary
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Establishes safe haven locations (emergency medical services stations, fire stations, law enforcement agencies) where parents may surrender newborn infants approximately 72 hours old or younger without legal consequences.
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Requires hospitals to accept newborn infants surrendered by mothers and allows mothers to decline being named on the birth certificate upon request.
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Grants parents affirmative defenses to charges of nonsupport, abandonment, and endangering child welfare when voluntarily surrendering a newborn; parents retain right to reclaim infant until parental rights are terminated by court.
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Mandates Department of Human Resources assume immediate custody of surrendered infants and place them with licensed child-placing agencies; presumes surrendered infants are eligible for Medicaid coverage.
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Provides immunity from criminal and civil liability for safe haven locations and hospitals acting in good faith, except for gross negligence; exempts surrendered infants from mandatory reporting requirements unless child abuse or neglect is suspected.
Legislative Description
Relating to infants; to add a new Chapter 25A to Title 26 of the Code of Alabama 1975; to require certain safe haven locations and certain hospitals to accept a surrendered newborn infant; to give the Department of Human Resources custody of a surrendered newborn infant; to allow a parent who surrenders a newborn infant to reclaim the infant in certain circumstances; to provide certain affirmative defenses to a parent who surrenders a newborn infant; to exempt a surrendered newborn infant from certain reporting requirements; to provide for a limitation of liability; to authorize the Department of Human Resources to adopt rules; and to repeal Sections 26-25-1 through 26-25-5, Code of Alabama 1975, relating to leaving an abandoned infant with an emergency medical services provider.
Last Action
Introduced and Referred to Senate Children and Youth Health
4/12/2023