CHAPTER 40

HB 104-FN - FINAL VERSION

06feb03... 0077h

03/27/03 0878s

17apr03... 1330eba

2003 SESSION

03-0020

04/09

HOUSE BILL 104-FN

AN ACT implementing procedures for a hospital or safe haven to assume temporary care and control of an abandoned child and creating an exception to the crime of endangering the welfare of a child.

SPONSORS: Rep. Woods, Straf 69; Rep. B. Richardson, Ches 26; Rep. Giuda, Graf 13; Rep. Mooney, Hills 58; Rep. McHugh, Hills 61; Sen. Boyce, Dist 4; Sen. Clegg, Dist 14; Sen. Roberge, Dist. 9; Sen. Martel, Dist 18; Sen. Barnes, Dist 17

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill declares that a hospital or safe haven shall assume temporary care and control of an abandoned child and shall notify the department of health and human services and law enforcement officials. This bill also creates an exception to the crime of endangering the welfare of a child where a parent delivers the child to a hospital or safe haven and the parent does not express an intent to return for the child and repeals the statute on abandonment by a wife.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06feb03...0077h

03/27/03 0878s

17apr03... 1330eba

03-0020

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT implementing procedures for a hospital or safe haven to assume temporary care and control of an abandoned child and creating an exception to the crime of endangering the welfare of a child.

Be it Enacted by the Senate and House of Representatives in General Court convened:

40:1 New Chapter; Temporary Care and Control of Children at a Hospital or Safe Haven. Amend RSA by inserting after chapter 132 the following new chapter:

CHAPTER 132-A

TEMPORARY CARE AND CONTROL OF CHILDREN AT A HOSPITAL OR SAFE HAVEN

132-A:1 Definitions. In this chapter:

I. "Department" means the department of health and human services.

II. "Hospital" means a public or private institution which is required to be licensed under RSA 151, and which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitative services for the rehabilitation of such persons.

III. "Safe haven" means a church which is attended by a person, or a police or fire station which is attended by a person, or a 911 responder at an agreed transfer location.

132-A:2 Temporary Care and Control of Children at a Hospital or Safe Haven.

I. A hospital or safe haven, without a court order, shall take temporary care and control of a child who is not more than 7 days old, provided that the child is handed to a person at the hospital or safe haven by the child's parent or parents, and the parent or parents did not express an intent to return for the child. The child's parent or parents shall not be required to reveal personally identifiable information.

II. A hospital or safe haven which takes temporary care and control of a child under this chapter shall ensure the provision of any medical services necessary to protect the physical health or safety of the child.

132-A:3 Notice to Department.

I. Within 24 hours after a hospital or safe haven assumes temporary care and control of a child under RSA 132-A:2, the hospital or safe haven shall notify the department and law enforcement officials that the hospital or safe haven has assumed temporary care and control of the child.

II. Upon receipt of notice by the hospital or safe haven, the department shall assume the temporary care and control of the child and shall be responsible for all necessary medical and other costs incurred by the hospital or safe haven related to the temporary care and control of the child. The department shall reimburse the hospital or safe haven for any necessary costs incurred prior to the child's placement in the temporary care and control of the department.

III. Within 24 hours of receiving a report under this paragraph, the department shall request law enforcement officials to investigate the incident using all resources available, including the National Crime Information Center database, to determine if the child is a missing child.

132-A:4 Liability. No person or entity subject to the provisions of this chapter shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this chapter.

132-A:5 Rulemaking. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this chapter.

40:2 New Paragraph; Offenses Against the Family; Endangering the Welfare of Child or Incompetent; Exception. Amend RSA 639:3 by inserting after paragraph V the following new paragraph:

VI. No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section.

40:3 Repeal. RSA 460:28, relative to abandonment by wife, is repealed.

40:4 Effective Date. This act shall take effect 30 days after its passage.

(Approved: May 5, 2003)

(Effective Date: June 4, 2003)