Alabama Senate Bill SB209

Alabama 2023 Regular Session

• Introduced: 4/12/23
• Refer: 4/12/23

Caption

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.

Impact

The bill also outlines procedures for hospitals and safe haven locations, mandating that they accept surrendered newborns and provide necessary medical treatment. It presumes that surrendered infants are eligible for Medicaid coverage, thereby ensuring healthcare access for these vulnerable children. Furthermore, the Department of Human Resources is granted immediate custody of surrendered infants, which facilitates quicker placement with licensed child-placing agencies. The intent behind these measures is to ensure that children are swiftly cared for and placed in appropriate environments while safeguarding parental identities where applicable.

Summary

SB209 is a legislative proposal aimed at revising the existing laws regarding the surrender of newborn infants in Alabama. The bill introduces a new Chapter 25A to Title 26 of the Code of Alabama, which outlines the establishment of designated safe haven locations, such as emergency medical services stations, fire stations, and law enforcement agencies, where parents can voluntarily surrender their newborn infants. Parents would be allowed to leave infants who are 72 hours old or younger without fear of prosecution for abandonment, provided they do not express an intent to return for the child. This change is intended to provide a safe and anonymous option for parents in crisis situations.

Contention

Notably, SB209 includes provisions for the immunity of safe haven locations and hospitals from liability as long as their actions are in good faith, which may raise concerns regarding the extent of their responsibilities to ensure the welfare of the infants. Critics may argue that the bill could inadvertently encourage abandonment rather than provide constructive support for at-risk parents. Additionally, the bill repeals existing laws related to leaving infants with emergency medical services, which could spark debate over whether the new provisions sufficiently address the complexities surrounding infant surrender, abandonment, and parental rights.