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; adding a new section to chapter
13.34 RCW; creating new sections; prescribing penalties; providing an
expiration date; and declaring an emergency.
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 their lives. The legislature recognizes that
prenatal and postdelivery health care for newborns and their mothers is
especially critical to their survival and well-being. 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.
NEW
SECTION. Sec. 2. A
new section is added to chapter 13.34 RCW to read as follows:
(1)
For purposes of this section:
(a)
"Appropriate location" means (i) the emergency department of a
hospital licensed under chapter 70.41 RCW during the hours the hospital is in
operation; or (ii) a fire station during its hours of operation and while fire
personnel are present.
(b)
"Newborn" means a live human being who is less than seventy-two hours
old.
(c)
"Qualified person" means (i) any person that the parent transferring
the newborn reasonably believes is a bona fide employee, volunteer, or medical
staff member of the hospital and who represents to the parent transferring the
newborn that he or she can and will summon appropriate resources to meet the
newborn's immediate needs; or (ii) a fire fighter, volunteer, or emergency
medical technician at a fire station who represents to the parent transferring
the newborn that he or she can and will summon appropriate resources to meet
the newborn's immediate needs.
(2)
A parent of a newborn who transfers the newborn to a qualified person at an
appropriate location is not subject to criminal liability under RCW 9A.42.060,
9A.42.070, 9A.42.080, 26.20.030, or 26.20.035.
(3)(a)
The qualified person at an appropriate location shall not require the parent
transferring the newborn to provide any identifying information in order to
transfer the newborn.
(b)
The qualified person at an appropriate location shall attempt to protect the
anonymity of the parent who transfers the newborn, while providing an
opportunity for the parent to anonymously give the qualified person such
information as the parent knows about the family medical history of the parents
and the newborn. The qualified person at an appropriate location shall provide
referral information about adoption options, counseling, appropriate medical
and emotional aftercare services, domestic violence, and legal rights to the
parent seeking to transfer the newborn.
(c)
If a parent of a newborn transfers the newborn to a qualified person at an
appropriate location pursuant to this section, the qualified person shall cause
child protective services to be notified within twenty-four hours after receipt
of such a newborn. Child protective services shall assume custody of the
newborn within twenty-four hours after receipt of notification.
(d)
A hospital or fire station, its employees, volunteers, and medical staff are
immune from any criminal or civil liability for accepting or receiving a
newborn under this section.
Sec.
3. 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 parent of a newborn who transfers the newborn to a qualified person at an
appropriate location pursuant to section 2 of this act is not subject to
criminal liability under this section.
(3) Abandonment of a dependent person in the first degree is
a class B felony.
Sec.
4. 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 parent of a newborn who transfers the newborn to a qualified person at an
appropriate location pursuant to section 2 of this act is not subject to criminal
liability under this section.
(3) Abandonment of a dependent person in the second degree
is a class C felony.
Sec.
5. 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 parent of a newborn who transfers the newborn to a qualified person at an
appropriate location pursuant to section 2 of this act is not subject to
criminal liability under this section.
(3) Abandonment of a dependent person in the third degree is
a gross misdemeanor.
Sec.
6. 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 parent of a newborn who transfers the newborn to a qualified person at an
appropriate location pursuant to section 2 of this act is not subject to
criminal liability under this section.
(3)
The crime of family abandonment is a class C felony under chapter 9A.20 RCW.
Sec.
7. 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 parent of a newborn who transfers the newborn to a qualified person at an
appropriate location pursuant to section 2 of this act is not subject to
criminal liability under this section.
(3)
The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW.
NEW
SECTION. Sec. 8. (1)
The secretary of the department of social and health services shall convene a
task force to recommend methods of implementing this act, including how private
or public funding may be obtained to support 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: (a) Ways to meet the
medical and emotional needs of the mother and 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 (b) methods of providing access to (i)
the medical history of the parents of a newborn who is transferred to a
hospital pursuant to section 2 of this act; and (ii) the medical history of the
newborn, consistent with the protection of the anonymity of the parents of the
newborn. The task force shall develop model forms of policies and procedures
for hospitals and fire stations to use in receiving newborns under section 2 of
this act.
(2)
In addition to the secretary, or the secretary's designee, the task force shall
include but not be limited to representation from the following: (a) Licensed
physicians; (b) public and private agencies which provide adoption services;
(c) private attorneys handling adoptions; (d) the licensed nursing community;
(e) hospitals; (f) prosecuting attorneys; (g) foster parents; (h) the
department of health; (i) the attorney general; (j) advocacy groups concerned
with the availability of adoption records; (k) risk managers; (l) the public;
and (m) fire fighters and emergency medical technicians. At least three
members of the task force shall be public members. The task force may seek
input from other experts as needed.
(3)
Members of the task force shall serve without compensation. The department
shall provide support to the task force, including the production of the
required report and travel reimbursements, within existing resources, unless
private or other nonstate funding can be secured.
(4)
The task force shall submit its report and recommendations to the governor and
legislature not later than December 1, 2002.
(5)
This section expires January 1, 2004.
NEW
SECTION. Sec. 9.
Sections 1 through 7 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect immediately.
