HOUSE BILL No. 4523

 

 

April 30, 2019, Introduced by Reps. Kahle, Leutheuser, Frederick, Rendon, Ellison, Brenda Carter, Howell, Neeley, Tate, Meerman, Kuppa, Liberati, Vaupel, Brann, Brixie and Byrd and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 5, 7, 10, 17, and 20 of chapter XII (MCL

 

712.5, 712.7, 712.10, 712.17, and 712.20), section 5 as added by

 

2000 PA 232, sections 7 and 10 as amended by 2006 PA 488, section

 

17 as amended by 2010 PA 348, and section 20 as amended by 2003 PA

 

245, and by adding section 3a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XII

 

     Sec. 3a. (1) A parent may voluntarily deliver his or her

 

newborn to a newborn safety device provided by a hospital. The

 

newborn safety device must meet the requirements provided in rules

 

promulgated under this section.

 

     (2) Not later than 180 days after the effective date of the

 


amendatory act that added this section, the department shall

 

promulgate rules governing newborn safety devices. The rules shall

 

provide for all of the following:

 

     (a) Sanitation standards.

 

     (b) Procedures to provide emergency care for a newborn

 

delivered to a newborn safety device.

 

     (c) Manufacturing and manufacturer standards.

 

     (d) Design and function requirements that include the

 

following:

 

     (i) Allow a newborn to be placed anonymously from the outside

 

of the hospital.

 

     (ii) Lock the newborn safety device after a newborn is placed

 

in it so that a person outside the hospital is unable to access the

 

newborn.

 

     (iii) Provide a controlled environment for the care and

 

protection of the newborn.

 

     (iv) Trigger a 9-1-1 call and provide notification to a

 

centralized location in the hospital within 30 seconds after a

 

newborn is placed in the newborn safety device.

 

     (v) Requirement that the interior wall of the newborn safety

 

device be transparent so that the interior of the newborn safety

 

device is visible to staff inside the hospital.

 

     (e) Operating policies, supervision, and maintenance

 

requirements for a newborn safety device.

 

     (f) Qualifications required for a person to install a newborn

 

safety device.

 

     (g) Procedures and forms for registration of a qualified


newborn safety device installer.

 

     (h) Costs for registering and regulating newborn safety

 

devices and fees to cover those costs.

 

     (i) Creating and posting signs to be placed near or on a

 

newborn safety device to provide information about using it.

 

     (j) Enforcement of and remedies for violations for failure to

 

comply with the requirements governing newborn safety devices.

 

     (k) A publicly accessible list with the location of all

 

available newborn safety devices.

 

     (l) An accessible form that allows a surrendering parent the

 

option to input the following and includes notification to the

 

surrendering parent that this information shall not be published

 

publicly, but shall be accessible to a child placing agency:

 

     (i) The known date and time of surrender of the newborn.

 

     (ii) The address of the location of surrender of the newborn.

 

     (iii) Name and contact information.

 

     (iv) Family medical information.

 

     (v) Whether or not the information provided may be shared with

 

the child and prospective adoptive parent.

 

     (m) Any other requirement the department considers necessary

 

to ensure the safety and welfare of a newborn placed in a newborn

 

safety device.

 

     (3) A newborn safety device must be installed in a location

 

where the interior of the newborn safety device will be in a safe

 

and secure location that is visible to the staff. Alternatively,

 

the hospital must install, at the security desk, a video feed and

 

an audio feed to capture the newborn safety device. The camera must


be placed in a way that protects the anonymity of the parent

 

delivering the newborn.

 

     (4) A hospital must inspect and test a newborn safety device

 

to ensure that the newborn safety device is functioning properly.

 

Inspecting and testing required under this section must be

 

performed 2 times every 24-hour period at 12-hour intervals. The

 

hospital staff person who inspects and tests the newborn safety

 

device must confirm by initialing a form, provided by the

 

department, that testing and inspecting have been completed.

 

     (5) The manufacturer is liable for any damages for personal

 

injury, including death, that result from the use of or malfunction

 

of a newborn safety device.

 

     Sec. 5. (1) An emergency service provider that is not a

 

hospital and that takes a newborn into temporary protective custody

 

under section 3 of this chapter shall transfer the newborn to a

 

hospital. The hospital shall accept a newborn who an emergency

 

service provider transfers to the hospital in compliance with this

 

chapter, taking the newborn into temporary protective custody.

 

     (2) A hospital that takes a newborn into temporary protective

 

custody under this chapter or receives a newborn through a newborn

 

safety device under this chapter shall have the newborn examined by

 

a physician. If a physician who examines the newborn either

 

determines that there is reason to suspect the newborn has

 

experienced child abuse or child neglect, other than being

 

surrendered to an emergency service provider under section 3 of

 

this chapter or surrendered to a newborn safety device under

 

section 3a of this chapter, or comes to a reasonable belief that


the child is not a newborn, the physician shall immediately report

 

to the department as required by section 3 of the child protection

 

law, 1975 PA 238, MCL 722.623.

 

     (3) If a physician is not required to report to the department

 

as provided in subsection (2), the hospital shall notify a child

 

placing agency that the hospital has taken a newborn into temporary

 

protective custody under this chapter or has received a newborn

 

through a newborn safety device under this chapter.

 

     Sec. 7. Upon receipt of notice from a hospital under section 5

 

of this chapter, the child placing agency shall do all of the

 

following:

 

     (a) Immediately assume the care, control, and temporary

 

protective custody of the newborn.

 

     (b) If a parent is known and willing, immediately meet with

 

the parent.

 

     (c) Unless otherwise provided in this subdivision, make a

 

temporary placement of the newborn with a prospective adoptive

 

parent who has an approved preplacement assessment. If a petition

 

for custody is filed under section 10 of this chapter, the child

 

placing agency may make a temporary placement of the newborn with a

 

licensed foster parent.

 

     (d) Unless the birth was witnessed by the emergency service

 

provider, immediately request assistance from law enforcement

 

officials to investigate and determine, through the missing

 

children information clearinghouse, the national center for missing

 

and exploited children, National Center for Missing and Exploited

 

Children, and any other national and state resources, whether the


newborn is a missing child.

 

     (e) Not later than 48 hours after a transfer of physical

 

custody to a prospective adoptive parent, petition the court in the

 

county in which the prospective adoptive parent resides to provide

 

authority to place the newborn and provide care for the newborn.

 

The petition shall include all of the following:

 

     (i) The date of the transfer of physical custody.

 

     (ii) The name and address of the emergency service provider to

 

whom the newborn was surrendered or the name and address of the

 

hospital where the newborn safety device, to which the newborn was

 

surrendered, is located.

 

     (iii) Any information, either written or verbal, that was

 

provided by and to the parent who surrendered the newborn. The

 

emergency service provider that originally accepted the newborn as

 

required by section 3 or 3a of this chapter shall provide this

 

information to the child placing agency.

 

     (f) Within 28 days, make reasonable efforts to identify,

 

locate, and provide notice of the surrender of the newborn to the

 

nonsurrendering parent. The child placing agency shall file a

 

written report with the court that issued the order placing the

 

child. The report shall state the efforts the child placing agency

 

made in attempting to identify and locate the nonsurrendering

 

parent and the results of those efforts. If the identity and

 

address of the nonsurrendering parent are unknown, the child

 

placing agency shall provide notice of the surrender of the newborn

 

by publication in a newspaper of general circulation in the county

 

where the newborn was surrendered.


     Sec. 10. (1) If a surrendering parent wants custody of a

 

newborn who was surrendered under section 3 or 3a of this chapter,

 

the parent shall, must, within 28 days after the newborn was

 

surrendered, file a petition with the court for custody. Not later

 

than 28 days after notice of surrender of a newborn has been

 

published, an individual claiming to be the nonsurrendering parent

 

of that newborn may file a petition with the court for custody. The

 

surrendering parent or nonsurrendering parent shall file the

 

petition for custody in 1 of the following counties:

 

     (a) If the parent has located the newborn, the county where

 

the newborn is located.

 

     (b) If subdivision (a) does not apply and the parent knows the

 

location of the emergency service provider or the hospital where

 

the newborn safety device to whom which the newborn was

 

surrendered, the county where the emergency service provider or

 

hospital where the newborn safety device is located.

 

     (c) If neither subdivision (a) nor (b) applies, the county

 

where the parent is located.

 

     (2) If the court in which the petition for custody is filed

 

did not issue the order placing the newborn, the court in which the

 

petition for custody is filed shall locate and contact the court

 

that issued the order and shall transfer the proceedings to that

 

court.

 

     (3) Before holding a custody hearing on a petition filed under

 

this section and not later than 7 days after a petition for custody

 

under this section has been filed, the court shall conduct a

 

hearing to make the determinations of paternity or maternity as


described in section 11.

 

     Sec. 17. (1) A parent who surrenders a newborn under section 3

 

or 3a of this chapter and who does not file a custody action under

 

section 10 of this chapter is presumed to have knowingly released

 

his or her parental rights to the newborn.

 

     (2) If the surrendering parent has not filed a petition for

 

custody of the newborn within 28 days of the surrender, the child

 

placing agency with authority to place the newborn shall

 

immediately file a petition with the court to determine whether the

 

release shall be accepted and whether the court shall enter an

 

order terminating the rights of the surrendering parent.

 

     (3) If the nonsurrendering parent has not filed a petition for

 

custody of the newborn within 28 days of notice of surrender of a

 

newborn under section 10 of this chapter, the child placing agency

 

with authority to place the newborn shall immediately file a

 

petition with the court to determine whether the court shall enter

 

an order terminating the rights of the nonsurrendering parent.

 

     (4) The court shall schedule a hearing on the petition from

 

the child placing agency within 14 days of receipt of that

 

petition. At the hearing, the child placing agency shall present

 

evidence that demonstrates that the surrendering parent released

 

the newborn and that demonstrates the efforts made by the child

 

placing agency to identify, locate, and provide notice to the

 

nonsurrendering parent.

 

     (5) If the court finds by a preponderance of the evidence that

 

the surrendering parent has knowingly released his or her rights to

 

the child and that reasonable efforts were made to locate the


nonsurrendering parent and a custody action has not been filed, the

 

court shall enter an order terminating parental rights of the

 

surrendering parent and the nonsurrendering parent under this

 

chapter.

 

     Sec. 20. The department of community health in conjunction

 

with the department shall establish a safe delivery program. The

 

safe delivery program shall include, but is not limited to, both of

 

the following:

 

     (a) A toll-free, 24-hour telephone line. The information

 

provided with this telephone line shall include, but is not limited

 

to, all of the following:

 

     (i) Information on prenatal care and the delivery of a

 

newborn.

 

     (ii) Names of health agencies that can assist in obtaining

 

services and supports that provide for the pregnancy-related health

 

of the mother and the health of the baby.

 

     (iii) Information on adoption options and the name and

 

telephone number of a child placing agency that can assist a parent

 

or expecting parent in obtaining adoption services.

 

     (iv) Information that, in order to safely provide for the

 

health of the mother and her newborn, the best place for the

 

delivery of a child is in a hospital, hospital-based birthing

 

center, or birthing center that is accredited by the commission for

 

the accreditation of birth centers.

 

     (v) An explanation that, to the extent of the law, prenatal

 

care and delivery services are routinely confidential within the

 

health care system, if requested by the mother.


     (vi) Information that a hospital will take into protective

 

custody a newborn that is surrendered as provided for in this

 

chapter and, if needed, provide emergency medical assistance to the

 

mother, the newborn, or both.

 

     (vii) Information regarding legal and procedural requirements

 

related to the voluntary surrender of a child as provided for in

 

this chapter.

 

     (viii) Information regarding the legal consequences for

 

endangering a child, including child protective service

 

investigations and potential criminal penalties.

 

     (ix) Information that surrendering a newborn for adoption as

 

provided in this chapter is an affirmative defense to charges of

 

abandonment as provided in section 135 of the Michigan penal code,

 

1931 PA 328, MCL 750.135.

 

     (x) Information about resources for counseling and assistance

 

with crisis management.

 

     (b) A pamphlet that provides information to the public

 

concerning the safe delivery program, including information

 

regarding newborn safety devices. The department of community

 

health and the department shall jointly publish and distribute the

 

pamphlet. The pamphlet shall prominently display the toll-free

 

telephone number prescribed by subdivision (a).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4524 (request no.

 

00307'19) of the 100th Legislature is enacted into law.