7 Cheryl K. Acton
8 Carl R. Albrecht
9 Melissa G. Ballard
10 Stewart E. Barlow
11 Brady Brammer
12 Joel K. Briscoe
13 Walt Brooks
14 Steve R. Christiansen
15 Kay J. Christofferson
16 Kim F. Coleman
17 Jennifer Dailey-Provost
18 Brad M. Daw
19 Susan Duckworth
20 Steve Eliason
21 Craig Hall
22 Stephen G. Handy
23 Suzanne Harrison
Eric K. Hutchings
Dan N. Johnson
Brian S. King
Kelly B. Miles
Carol Spackman Moss
Calvin R. Musselman
Merrill F. Nelson
Lee B. Perry
Candice B. Pierucci
Val K. Potter
Marie H. Poulson
Douglas V. Sagers
Rex P. Shipp
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Keven J. Stratton
Raymond P. Ward
Christine F. Watkins
Mark A. Wheatley
25 LONG TITLE
26 General Description:
27 This bill modifies provisions relating to the safe relinquishment of a newborn child.
28 Highlighted Provisions:
29 This bill:
30 ▸ modifies the definition of "newborn child";
31 ▸ subject to certain requirements, allows a parent or the parent's designee to safely
32 relinquish a newborn child within 30 days after the day on which the child is born;
33 ▸ clarifies the type of information that must be provided to the Division of Child and
34 Family Services upon safe relinquishment of a newborn child;
35 ▸ clarifies provisions relating to searches for a potential father of a newborn child who
36 is safely relinquished and notice that must be provided to the potential father;
37 ▸ requires the Department of Health to make rules relating to the resolution of
38 conflicting birth and foundling certificates; and
39 ▸ makes technical changes.
40 Money Appropriated in this Bill:
41 This bill appropriates in fiscal year 2021:
42 ▸ to Department of Health -- Family Health and Preparedness, as an ongoing
44 • from General Fund, $50,000.
45 Other Special Clauses:
47 Utah Code Sections Affected:
49 26-2-7, as last amended by Laws of Utah 1995, Chapter 202
50 62A-4a-801, as enacted by Laws of Utah 2001, Chapter 134
51 62A-4a-802, as last amended by Laws of Utah 2008, Chapters 3 and 299
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 26-2-7 is amended to read:
55 26-2-7. Correction of errors or omissions in vital records -- Conflicting birth and
56 foundling certificates -- Rulemaking.
58 the department may make rules:
59 (1) governing applications to correct alleged errors or omissions on any vital record[
61 (2) establishing procedures to resolve conflicting birth and foundling certificates.
62 Section 2. Section 62A-4a-801 is amended to read:
63 62A-4a-801. Definitions.
64 As used in this part:
65 (1) "Hospital" means a general acute hospital, as that term is defined in Section
66 26-21-2, that is:
67 (a) equipped with an emergency room;
68 (b) open 24 hours a day, seven days a week; and
69 (c) employs full-time health care professionals who have emergency medical services
71 (2) "Newborn child" means a child who is approximately [
72 younger, as determined within a reasonable degree of medical certainty.
73 Section 3. Section 62A-4a-802 is amended to read:
74 62A-4a-802. Safe relinquishment of a newborn child.
75 (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
76 hospital in accordance with the provisions of this part and retain complete anonymity, so long
77 as the newborn child has not been subject to abuse or neglect.
78 (b) Safe relinquishment of a newborn child who has not otherwise been subject to
79 abuse or neglect shall not, in and of itself, constitute neglect as defined in Section 78A-6-105,
80 and the newborn child shall not be considered a neglected child, as defined in Section
81 78A-6-105, so long as the relinquishment is carried out in substantial compliance with the
82 provisions of this part.
83 (2) (a) Personnel employed by a hospital shall accept a newborn child [
84 relinquished pursuant to the provisions of this part, and may presume that the [
85 individual relinquishing is the newborn child's parent or the parent's designee.
86 (b) The person receiving the newborn child may request information regarding the
87 parent and newborn child's medical histories, and identifying information regarding the
88 nonrelinquishing parent of the newborn child.
92 (c) If the newborn child's parent or the parent's designee provides the person receiving
93 the newborn child with any of the information described in Subsection (2)(b) or any other
94 personal items, the person shall provide the information or personal items to the division.
95 (d) Personnel employed by [
96 (i) provide any necessary medical care to the newborn child [
97 (ii) notify the division of receipt of the newborn child as soon as possible, but no later
98 than 24 hours after receipt of the newborn child; and
100 unknown for the newborn child and file the certificate with the Office of Vital Records and
101 Statistics within the Department of Health.
102 (e) A hospital and personnel employed by a hospital are immune from any civil or
103 criminal liability arising from accepting a newborn child if the personnel employed by the
104 hospital substantially comply with the provisions of this part and medical treatment is
105 administered according to standard medical practice.
106 (3) The division shall assume care and custody of the newborn child immediately upon
107 notice from the hospital.
108 (4) So long as the division determines there is no abuse or neglect of the newborn
109 child, neither the newborn child nor the child's parents are subject to:
110 (a) the provisions of Part 2, Child Welfare Services;
111 (b) the investigation provisions contained in Section 62A-4a-409; or
112 (c) the provisions of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
114 (5) (a) Unless identifying information relating to the nonrelinquishing parent of the
115 newborn child has been provided, the division shall:
117 Criminal Identification within the Department of Public Safety in an effort to ensure that the
118 newborn child has not been identified as a missing child;
120 newborn child in a potential adoptive home and, within 10 days after [
121 which the child is received, file a petition for termination of parental rights in accordance with
122 Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act;
124 Department of Health to conduct a search for:
125 (A) a birth certificate for the newborn child; and [
127 (B) unmarried biological fathers in the registry maintained by the Office of Vital
128 Records and Statistics [
129 Chapter 15, Part 4, Registry; and
130 (iv) provide notice to each potential father identified on the registry[
133 described in Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
135 within two weeks after the day on which notice under Subsection (5)(a)(iv) is complete and
136 established paternity by scientific testing within as expeditious a time frame as practicable, a
137 hearing on the petition for termination of parental rights shall be scheduled[
138 provided in accordance with Title 78A, Chapter 6, Part 5, Termination of Parental Rights.
140 child pursuant to the provisions of this part shall be considered grounds for termination of
141 parental rights of both the relinquishing and nonrelinquishing parents under Section
143 (6) If at any time prior to the adoption, a court finds it is in the best interest of the
144 newborn child, the court shall deny the petition for termination of parental rights.
145 (7) The division shall provide for, or contract with a licensed child-placing agency to
146 provide for expeditious adoption of the newborn child.
147 (8) So long as the [
148 child's parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn
149 child in substantial compliance with the provisions of this part is an affirmative defense to any
150 potential criminal liability for abandonment or neglect relating to that relinquishment.
151 Section 4. Appropriation.
152 The following sums of money are appropriated for the fiscal year beginning on July 1,
153 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
154 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
155 Act, the Legislature appropriates the following sums of money from the funds or accounts
156 indicated for the use and support of the government of the state of Utah.
157 ITEM 1
158 To Department of Health -- Family Health and Preparedness
159 From General Fund
160 Schedule of Programs:
161 Maternal and Child Health $50,000
162 The Legislature intends that the appropriations under this item be used for training and
163 education about the availability and requirements of the safe relinquishment of a newborn child
164 program described in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child.