HOUSE BILL REPORT
ESB 5425
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Early Learning & Children's Services
Title: An act relating to adding additional appropriate locations for the transfer of newborn children.
Brief Description: Adding additional appropriate locations for the transfer of newborn children.
Sponsors: Senators Kohl-Welles, Hargrove, Stevens and Regala.
Brief History:
Early Learning & Children's Services: 2/22/08, 2/26/08 [DP].
Brief Summary of Engrossed Bill |
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HOUSE COMMITTEE ON EARLY LEARNING & CHILDREN'S SERVICES
Majority Report: Do pass. Signed by 6 members: Representatives Kagi, Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Goodman, Hinkle and Pettigrew.
Minority Report: Without recommendation. Signed by 1 member: Representative Roberts, Vice Chair.
Staff: Sydney Forrester (786-7120).
Background:
Abandoning or otherwise transferring a newborn infant or other dependent person can result
in criminal charges of abandonment of a dependent person, family abandonment, or family
non-support. Infant safe haven laws are intended to designate safe locations where newborn
infants can be safely and legally abandoned by a parent without the parent incurring criminal
liability. Texas was the first state to enact such a law in 1999. In January and February of
2008, Alaska and Nebraska respectively became the 49th and 50th states to enact safe haven
laws.
In 2002 the Washington Legislature enacted ESSB 5236 allowing a parent to avoid criminal
liability for abandoning a child if the parent leaves a newborn infant with a qualified person
at a hospital emergency room or an occupied fire station within 72 hours of birth. If the
newborn is transferred to a designated location, the employees, volunteers, and staff members
of the designated location are immune from criminal and civil liability for accepting the
newborn.
Summary of Bill:
In addition to a hospital emergency room or occupied fire station, a federally-designated rural
health clinic or federally-qualified health center is an authorized location for the noncriminal
transfer of a newborn infant.
The Department of Social and Health Services is required to gather information concerning
the number and medical condition of newborns lawfully transferred and those otherwise
abandoned, and report its findings to the Legislature annually, beginning on January 1, 2010.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The challenge we face in addressing abandonment of infants is to make sure
young mothers, often teenagers who are scared and desperate, know there are places where
they can safely transfer the infant when they are not capable of caring for the child. What is
needed is to expand the options for safe transfer locations in rural areas, especially in eastern
Washington, where a person may have to drive several miles to reach a hospital or fire
station. Adding rural health clinics to the list of places where a newborn can be safely
transferred in the event a mother determines it is best to do so will help safeguard against
tragic abandonments.
This bill also adds an important component to begin gathering data on infants who are safely
transferred, as well as those who are improperly abandoned. (Opposed) None.
Persons Testifying: Senator Kohl-Welles, prime sponsor; and Lonnie Johns-Brown, National Organization for Women.