HOUSE BILL REPORT

SSB 5522

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 Passed House:

February 27, 2018

Title: An act relating to requiring the department of social and health services to collect and publicly report information on the safe surrender of newborn children.

Brief Description: Requiring the department of social and health services to collect and publicly report information on the safe surrender of newborn children.

Sponsors: Senate Committee on Human Services, Mental Health & Housing (originally sponsored by Senators Palumbo, Fain and Nelson).

Brief History:

Committee Activity:

Early Learning & Human Services: 3/14/17, 2/15/18, 2/16/18 [DPA].

Floor Activity:

Passed House: 2/27/18, 97-0.

Brief Summary of Substitute Bill

  • Requires the Department of Children, Youth, and Families to annually report to the public the number of newborns safely transferred to appropriate persons who can summon immediate care for the newborn beginning July 1, 2018.

HOUSE COMMITTEE ON EARLY LEARNING & HUMAN SERVICES

Majority Report: Do pass as amended. Signed by 12 members: Representatives Kagi, Chair; Senn, Vice Chair; Dent, Ranking Minority Member; Eslick, Frame, Goodman, Griffey, Kilduff, Klippert, Lovick, Muri and Ortiz-Self.

Staff: Luke Wickham (786-7146).

Background:

Safe Transfer of Newborns.

A parent of a newborn infant less than 72 hours old may transfer that newborn to certain people in certain locations without incurring criminal liability.

The locations that are available for the safe transfer of newborns include: Ÿ

The persons to whom parents may safely transfer newborns include:

The person to whom the parent transfers the newborn must not require the parent to provide any identifying information and shall attempt to protect the anonymity of the parent. This person must also provide referral information about adoption options, counseling, appropriate medical and aftercare services, domestic violence, and legal rights to the parent seeking transfer of the newborn.

Each safe transfer location is required to post signs indicating that the location is an appropriate place for the safe and legal transfer of newborns.

In 2009 the Governor vetoed one section of a bill that required the Department of Social and Health Services (DSHS) to collect and compile information concerning the number and medical condition of newborns transferred:

On July 1, 2018, the child welfare function of the DSHS will transfer to the Department of Children, Youth, and Families (DCYF).

Summary of Amended Bill:

The DSHS (and after July 1, 2018, the DCYF) must collect and compile information concerning the number of newborns who are transferred to qualified persons at appropriate locations that can summon the resources to meet the newborn's immediate needs and prevent parents from being subjected to certain criminal liability.

The DSHS must report its findings regarding newborn safe transfer annually to the public beginning on July 31, 2018.

Appropriation: None.

Fiscal Note: Available.

Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) This bill was heard last year. The DSHS provided information around the safe transfer of newborns in King County last year. This bill tries to ensure the sharing of information and came as a recommendation from a task force.

From 2009 to 2017, there were 50 newborns safely transferred pursuant to the safe transfer of newborns law. In 2017 there were two of these safe transfers in King County.

(Opposed) None.

Persons Testifying: Mac Nicholson, King County.

Persons Signed In To Testify But Not Testifying: None.