BILL REQ. #:  S-3667.1 

Read first time 01/11/2006.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the safety of newborn children; amending RCW 13.34.360; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 13.34.360 and 2002 c 331 s 2 are each amended 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; or (iii) any additional location designated by the legislative authority of a county to be a location qualified to receive the transfer of a newborn.
     (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; or (iii) any person who the parent transferring the newborn reasonably believes is a bona fide employee, volunteer, or staff member of a location designated by the legislative authority of a county to be an appropriate location to receive the transfer of a newborn.
     (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)(i) 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.
     (ii) Employees, volunteers, and staff members of a location designated by the legislative authority of a county to be an appropriate location to receive the transfer of a newborn are immune from any criminal or civil liability for accepting or receiving a newborn under this section.

NEW SECTION.  Sec. 2   The department of social and health services shall collect and compile information concerning the number and medical condition of newborns transferred under RCW 13.34.360 and the number and medical condition of newborns abandoned within the state who were not transferred under RCW 13.34.360. The department shall make a preliminary report to the legislature by January 1, 2007, and a final report to the legislature by January 1, 2008.