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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
safe havens; newborn infant age
Purpose
Increases, from 72 hours to 30 days, the age of newborn infants that safe haven placement protocols apply.
Background
Current statute defines safe haven provider as any of the following: 1) a firefighter who is on duty; 2) an emergency medical technician who is on duty; 3) a health care institution that is classified by the Department of Health Services as a general hospital or a rural general hospital; and 4) a staff member or volunteer at a licensed private child welfare agency or a licensed adoption agency that posts a public notice that it is willing to accept a newborn infant (A.R.S. § 13-3623.01).
Statute requires safe
haven providers to: 1) immediately transport the newborn infant or arrange for
the newborn infant to be transported to a hospital for physical examination; 2)
call and inform the Department of Child Safety (DCS) that a newborn infant has
been left with the safe haven provider, the location of the hospital where the
agency transported the infant and the agency that will take custody of the
infant after the hospital completes the physical examination; and
3) take custody of the infant within 24 hours of completion of the hospital's
physical examination, unless the safe haven provider does not have the ability
or desire to take custody of the infant. If the safe haven provider is unable
to take custody of the infant or place the infant for adoption, DCS must
contact the next private adoption agency on a rotating list of agencies
maintained by DCS until it contacts an agency that agrees to take custody. The
adoption agency must take custody of the infant from the hospital within 24
hours after the completion of a physical examination. The examination and
treatment provided to the infant by the hospital must be compensated by the
entity or individual that ultimately takes custody of the infant, unless the
infant is provided with health coverage through the Arizona Health Care Cost
Containment System. According to current statute, these protocols only apply to
an infant who is 72 hours old or younger (A.R.S.
§ 8-528).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from 72 hours to 30 days, the age that safe haven placement protocols apply to a newborn infant.
2. Alters the definition of a newborn infant to include infants 30 days old or younger.
3. Specifies that safe haven placement protocols apply only to an unharmed newborn infant who is not alleged to have been neglected or abused.
4. Requires hospitals to contact DCS to take custody of an infant who has been left with safe haven providers if:
a) the child is over 30 days old; or
b) the child is harmed.
5. Makes conforming changes.
6. Becomes effective on the general effective date.
House Action
HHS 2/1/21 DPA 9-0-0-0
3rd Read 2/24/21 58-0-2
Prepared by Senate Research
March 15, 2021
CRS/AP/kja