Title: Surrendered Infants

Summary: Revising the definition of the term "infant"; defining the term "infant safety device"; authorizing certain hospitals, emergency medical services stations, and fire stations to use infant safety devices to accept surrendered infants if the device meets specified criteria; requiring such hospitals, emergency medical services stations, and fire stations to monitor the inside of the device 24 hours per day and physically check and test the devices at specified intervals, etc.

Full Text:
An act relating to surrendered infants; amending s. 383.50, F.S.; revising the definition of the term  infant ; defining the term  infant safety device ; authorizing certain hospitals, emergency medical services stations, and fire stations to use infant safety devices to accept surrendered infants if the device meets specified criteria; requiring such hospitals, emergency medical services stations, and fire stations to monitor the inside of the device hours per day and physically check and test the devices at specified intervals; providing additional requirements for certain fire stations using such devices; conforming provisions to changes made by the act; amending s. 63.0423, F.S.; conforming a cross reference; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 383.50, Florida Statutes, is amended to read: 383.50 Treatment of surrendered infant.  (1) As used in this section, the term:(a)  Infant  means a child who a licensed physician reasonably believes is approximately days old or younger at the time the child is surrendered under this section left at a hospital, an emergency medical services station, or a fire station.(b)     I nfant safety device  means a device that is installed in a supporting wall of a hospital, an emergency medical services station, or a fire station and that has an exterior point of access allowing an individual to place a ninfant inside and an interior point of access allowing individuals inside the building to retrieve the infant safely. (2) There is a presumption that the parent who leaves the infant in accordance with this section intended to leave the infant and consented to termination of parental rights. (3) (a)   A hospital, an emergency medical services station, or a fire station that is staffed hours per day may use an infant safety device to accept surrendered infants under this section if the device is: 1.   Physically part of the hospital, emergency medical services station, or fire station and installed in a supporting wall. 2.   Temperature-controlled and ventilated for the safety of infants. 3.   Equipped with a dual alarm system connected to the physical location of the device which automatically triggers an alarm inside the building when an infant is placed in the device. 4.   Equipped with a surveillance system that allows employees of the hospital, emergency medical services station, or fire station to monitor the inside of the device hours per day. 5.   Located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, emergency medical services station, or fire station. (b)   A hospital, an emergency medical services station, or a fire station that uses an infant safety device to accept surrendered infants shall use the device s surveillance system to monitor the inside of the infant safety device hours per day and shall physically check the device at least twice daily and test the device at least weekly to ensure that the alarm system is in working order. A fire station that is staffed hours per day except when all firefighter first responders are dispatched from the fire station for an emergency must use the dual alarm system of the infant safety device to dispatch immediately the nearest first responder to retrieve any infant left in the infant safety device. (4)  Each emergency medical services station or fire station that is staffed with full-time firefighters, emergency medical technicians, or paramedics shall accept any infant left with a firefighter, an emergency medical technician, or a paramedic or in an infant safety device.The firefighter, emergency medical technician, or paramedic shall consider these actions as implied consent to and shall: (a) Provide emergency medical services to the infant to the extent that he or she is trained to provide those services; and (b) Arrange for the immediate transportation of the infant to the nearest hospital having emergency services. A licensee as defined in s. 401.23, a fire department, or an employee or agent of a licensee or fire department may treat and transport an infant pursuant to this section. If an infant is placed in the physical custody of an employee or agent of a licensee or fire department or is placed in an infant safety device,such placement is considered implied consent for treatment and transport. A licensee, a fire department, or an employee or agent of a licensee or fire department is immune from criminal or civil liability for acting in good faith pursuant to this section. This subsection does not limit liability for negligence. (5)(a) (4)(a)  After the delivery of an infant in a hospital, a parent of the infant may leave the infant with medical staff or a licensed health care professional at the hospital if the parent notifies such medical staff or licensed health care professional that the parent is voluntarily surrendering the infant and does not intend to return. (b) Each hospital of this state subject to s. 395.1041 shall, and any other hospital may, admit and provide all necessary emergency services and care, as defined in s. 395.002(9), to any infant left with the hospital in accordance with this section. The hospital or any of its medical staff or licensed health care professionals shall consider these actions as implied consent for treatment, and a hospital accepting physical custody of an infant has implied consent to perform all necessary emergency services and care. The hospital or any of its medical staff or licensed health care professionals are immune from criminal or civil liability for acting in good faith in accordance with this section. This subsection does not limit liability for negligence. (6) (5)  Except when there is actual or suspected child abuse or neglect, any parent who surrenders leaves an infant in accordance with this section a firefighter, an emergency medical technician, or a paramedic at a fire station or an emergency medical services station, or brings an infant to an emergency room of a hospital and expresses an intent to leave the infant and not return, has the absolute right to remain anonymous and to leave at any time and may not be pursued or followed unless the parent seeks to reclaim the infant. When an infant is born in a hospital and the mother expresses intent to leave the infant and not return, upon the mother s request, the hospital or registrar must shall complete the infant s birth certificate without naming the mother thereon. (7) (6)  A parent of an infant surrendered left at a hospital, an emergency medical services station, or a fire station under this section may claim his or her infant up until the court enters a judgment terminating his or her parental rights. A claim to the infant must be made to the entity having physical or legal custody of the infant or to the circuit court before whom proceedings involving the infant are pending. (8) (7)  Upon admitting an infant under this section, the hospital shall immediately contact a local licensed child placing agency or alternatively contact the statewide central abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the infant. The hospital shall notify the licensed child-placing agency that an infant has been left with the hospital and approximately when the licensed child-placing agency can take physical custody of the infant. In cases where there is actual or suspected child abuse or neglect, the hospital or any of its medical staff or licensed health care professionals shall report the actual or suspected child abuse or neglect in accordance with ss. 39.201 and 395.1023 in lieu of contacting a licensed child-placing agency. (9) (8)  An infant admitted to a hospital in accordance with this section is presumed eligible for coverage under Medicaid, subject to federal rules. (10) (9)  An infant surrendered left at a hospital, an emergency medical services station, or a fire station in accordance with this section may not be deemed abandoned and is not subject to the reporting and investigation requirements under s. 39.201 unless there is actual or suspected child abuse or until the Department of Children and Families takes physical custody of the infant. (11) (10)  If the parent of an infant is unable to surrender the infant in accordance with this section, the parent may call to request that an emergency medical services provider meet the surrendering parent at a specified location. The surrendering parent must stay with the infant until the emergency medical services provider arrives to take custody of the infant. (12) (11)  A criminal investigation may not be initiated solely because an infant is surrendered in accordance with this section unless there is actual or suspected child abuse or neglect. Section 2. Subsection (4) of section 63.0423, Florida Statutes, is amended to read: 63.0423 Procedures with respect to surrendered infants.  (4) The parent who surrenders the infant in accordance with s. 383.50 is presumed to have consented to termination of parental rights, and express consent is not required. Except when there is actual or suspected child abuse or neglect, the licensed child-placing agency may not attempt to pursue, search for, or notify that parent as provided in s. 63.088 and chapter 49. For purposes of s. 383.50 and this section, an infant who tests positive for illegal drugs, narcotic prescription drugs, alcohol, or other substances, but shows no other signs of child abuse or neglect, shall be placed in the custody of a licensed child-placing agency. Such a placement does not eliminate the reporting requirement under s. 383.50(8) s. 383.50(7).When the department is contacted regarding an infant properly surrendered under this section and s. 383.50, the department shall provide instruction to contact a licensed child-placing agency and may not take custody of the infant unless reasonable efforts to contact a licensed child-placing agency to accept the infant have not been successful. Section 3. This act shall take effect July 1, 2025.