S-0528.2 _______________________________________________
SENATE BILL 5236
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Kohl‑Welles, Long, Thibaudeau, Costa, McAuliffe, Eide, Stevens, Fairley, Prentice, Franklin, Fraser, Carlson, Spanel, Regala, Hargrove, Oke and Patterson
Read first time 01/16/2001. Referred to Committee on Human Services & Corrections.
AN ACT Relating to the safety of newborn children; amending RCW 9A.42.060, 9A.42.070, 9A.42.080, 26.20.030, and 26.20.035; creating new sections; prescribing penalties; making an appropriation; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature intends to increase the likelihood that pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of his or her life. The legislature recognizes that prenatal and postdelivery health care for newborns is especially critical to their survival and well-being. The legislature intends that reasonable steps should be taken to remove any barriers to such care, particularly for those parents who may otherwise encounter emotional and/or psychological barriers to obtaining such care by reducing impediments to obtaining prenatal and postdelivery care to newborns while encouraging pregnant women to act responsibly regarding the health of their newborns. The legislature does not intend to encourage the abandonment of newborn children nor to change existing law relating to notification to parents under chapter 13.34 RCW, but rather to assure that abandonment does not occur and that all newborns have an opportunity for adequate health care and a stable home life.
Sec. 2. RCW 9A.42.060 and 1996 c 302 s 2 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the first degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or other dependent person any of the basic necessities of life;
(b) The person recklessly abandons the child or other dependent person; and
(c) As a result of being abandoned, the child or other dependent person suffers great bodily harm.
(2)(a)(i) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under this section.
(ii) The qualified person and the hospital may not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) For the purposes of this subsection:
(i) "Appropriate location" means a location designated by a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation. Every hospital must designate an appropriate location within the hospital where a qualified person is located who is reasonably likely to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent who transfers the newborn to anonymously give the hospital such information as the parent knows about the family medical history of the parents and the newborn.
(ii) "Newborn" means a live human being who is less than seventy-two hours old.
(iii) "Qualified person" means a physician licensed under chapter 18.71 RCW, osteopathic physician and surgeon licensed under chapter 18.57 RCW, nurse or nurse practitioner licensed under chapter 18.79 RCW, midwife licensed under chapter 18.50 RCW, emergency medical technician authorized under chapter 18.73 RCW, or physician's trained emergency medical service intermediate life support technician and paramedic certified under chapter 18.71 RCW.
(3) Abandonment of a dependent person in the first degree is a class B felony.
Sec. 3. RCW 9A.42.070 and 1996 c 302 s 3 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the second degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or other dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other dependent person; and:
(i) As a result of being abandoned, the child or other dependent person suffers substantial bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other dependent person will die or suffer great bodily harm.
(2)(a)(i) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under this section.
(ii) The qualified person and the hospital may not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) For the purposes of this subsection:
(i) "Appropriate location" means a location designated by a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation. Every hospital must designate an appropriate location within the hospital where a qualified person is located who is reasonably likely to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent who transfers the newborn to anonymously give the hospital such information as the parent knows about the family medical history of the parents and the newborn.
(ii) "Newborn" means a live human being who is less than seventy-two hours old.
(iii) "Qualified person" means a physician licensed under chapter 18.71 RCW, osteopathic physician and surgeon licensed under chapter 18.57 RCW, nurse or nurse practitioner licensed under chapter 18.79 RCW, midwife licensed under chapter 18.50 RCW, emergency medical technician authorized under chapter 18.73 RCW, or physician's trained emergency medical service intermediate life support technician and paramedic certified under chapter 18.71 RCW.
(3) Abandonment of a dependent person in the second degree is a class C felony.
Sec. 4. RCW 9A.42.080 and 1996 c 302 s 4 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the third degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other dependent person; and:
(i) As a result of being abandoned, the child or other dependent person suffers bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.
(2)(a)(i) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under this section.
(ii) The qualified person and the hospital may not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) For the purposes of this subsection:
(i) "Appropriate location" means a location designated by a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation. Every hospital must designate an appropriate location within the hospital where a qualified person is located who is reasonably likely to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent who transfers the newborn to anonymously give the hospital such information as the parent knows about the family medical history of the parents and the newborn.
(ii) "Newborn" means a live human being who is less than seventy-two hours old.
(iii) "Qualified person" means a physician licensed under chapter 18.71 RCW, osteopathic physician and surgeon licensed under chapter 18.57 RCW, nurse or nurse practitioner licensed under chapter 18.79 RCW, midwife licensed under chapter 18.50 RCW, emergency medical technician authorized under chapter 18.73 RCW, or physician's trained emergency medical service intermediate life support technician and paramedic certified under chapter 18.71 RCW.
(3) Abandonment of a dependent person in the third degree is a gross misdemeanor.
Sec. 5. RCW 26.20.030 and 1984 c 260 s 26 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, any person who has a child dependent upon him or her for care, education or support and deserts such child in any manner whatever with intent to abandon it is guilty of the crime of family abandonment.
(2)(a)(i) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under this section.
(ii) The qualified person and the hospital may not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) For the purposes of this subsection:
(i) "Appropriate location" means a location designated by a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation. Every hospital must designate an appropriate location within the hospital where a qualified person is located who is reasonably likely to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent who transfers the newborn to anonymously give the hospital such information as the parent knows about the family medical history of the parents and the newborn.
(ii) "Newborn" means a live human being who is less than seventy-two hours old.
(iii) "Qualified person" means a physician licensed under chapter 18.71 RCW, osteopathic physician and surgeon licensed under chapter 18.57 RCW, nurse or nurse practitioner licensed under chapter 18.79 RCW, midwife licensed under chapter 18.50 RCW, emergency medical technician authorized under chapter 18.73 RCW, or physician's trained emergency medical service intermediate life support technician and paramedic certified under chapter 18.71 RCW.
(3) The crime of family abandonment is a class C felony under chapter 9A.20 RCW.
Sec. 6. RCW 26.20.035 and 1984 c 260 s 27 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who:
(a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; or
(b) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse,
is guilty of the crime of family nonsupport.
(2)(a)(i) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under this section.
(ii) The qualified person and the hospital may not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) For the purposes of this subsection:
(i) "Appropriate location" means a location designated by a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation. Every hospital must designate an appropriate location within the hospital where a qualified person is located who is reasonably likely to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent who transfers the newborn to anonymously give the hospital such information as the parent knows about the family medical history of the parents and the newborn.
(ii) "Newborn" means a live human being who is less than seventy-two hours old.
(iii) "Qualified person" means a physician licensed under chapter 18.71 RCW, osteopathic physician and surgeon licensed under chapter 18.57 RCW, nurse or nurse practitioner licensed under chapter 18.79 RCW, midwife licensed under chapter 18.50 RCW, emergency medical technician authorized under chapter 18.73 RCW, or physician's trained emergency medical service intermediate life support technician and paramedic certified under chapter 18.71 RCW.
(3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW.
NEW SECTION. Sec. 7. (1) The secretary of the department of social and health services shall convene a fifteen-member task force to recommend methods of implementing this act, including a program of public education regarding the provisions of this act. The task force shall consider all reasonable methods of educating Washington residents about the need for prenatal and postdelivery health care for a newborn whose parents may otherwise not seek such care and place their newborn at risk as a result. The task force shall also consider, and make recommendations regarding, ways to improve the promotion of adoption as an alternative to placing a newborn in situations that create a serious risk to his or her health and methods of providing access to the medical history of the parents of a newborn who is transferred to a hospital pursuant to RCW 9A.42.060(2), 9A.42.070(2), 9A.42.080(2), 26.20.030(2), and 26.20.035(2), as well as to the medical history of the newborn, consistent with the protection of the anonymity of the parents of the newborn.
(2) In addition to the secretary, or the secretary's designee, the task force shall include representation from the following: (a) Licensed physicians; (b) public and private agencies which provide adoption services; (c) the licensed nursing community; (d) hospitals; (e) prosecuting attorneys; (f) foster parents; (g) the department of health; (h) the attorney general; (i) advocacy groups concerned with the availability of adoption records; and (j) the public. At least three members of the task force shall be public members.
(3) Members of the task force shall serve without compensation but shall be reimbursed for expenses pursuant to RCW 43.03.050 and 43.03.060.
(4) The task force shall submit its report and recommendations to the governor and legislature not later than December 1, 2001.
(5) This section expires January 1, 2002.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act take effect July 1, 2002.
NEW SECTION. Sec. 9. The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2003, to the department of social and health services for the purposes of this act. No expenditures may be made to implement the recommendations of the task force prior to March 1, 2002.
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