SB 188/FN (BR 1982) - T. Buford
AN ACT relating to abandoned infants, making an appropriation therefor, and declaring an emergency.
Amend KRS 211.9531 to require the Emergency Medical Services Program for Children to collaborate with the Cabinet for Families and Children and require guidelines for responding to abandoned infants and include preserving the confidentiality of the parent, and define "infant" as less than fifteen (15) days old; create new section of KRS Chapter 211 to specify that emergency medical services provider has implied consent for treatment; create new section of KRS 216B to require emergency rooms to accept newborns anonymously and perform all necessary medical care, contact Cabinet for Families and Children, and make voluntary information available to person leaving the infant; create new section of KRS Chapter 405 to permit parent to anonymously place newborn with emergency medical services or hospital and provide affirmative defense to prosecution; create new section of KRS Chapter 620 to require cabinet to seek emergency custody of abandoned infant, permit the emergency custody order to remain in effect until final disposition, prohibit child abuse or neglect investigation when infant is placed in manner described, require placement in a home willing to adopt the infant, require thirty (30) day placement period before final disposition, require petition and court appointment of warning order attorney and guardian ad litem, require attorney reports within fifty (50) days, require final disposition within ninety (90) days of placement, specify procedures when a parent makes a claim to the infant and require the cabinet to provide information and medical history forms and produce a media campaign; appropriate $100,000 for FY 2000-2001 and $50,000 for FY 2001-2002; EMERGENCY.
SB 188 - AMENDMENTS
SCS/FN - Retain original provisions except require emergency medical services providers to make informational materials available; specify that a parent placing a newborn in accordance with this Act shall not be considered to have abandoned or neglected the newborn and waives rights to notification required by KRS Chapter 620 and waives right to legal standing to make a claim of action against anyone who accepts physical custody of the newborn; require custody proceedings to be held in accordance with KRS Chapter 620 and permit petition for involuntary termination of parental rights to be filed in 30 days; specify actions when a claim of parental rights is made anytime prior to the final order terminating parental rights; delete provisions relating to affirmative defense to prosecution under KRS Chapters 508 and 530.
SFA (1, T. Buford) - Retain original provisions except specify the age of the infant as less than 72 hours old; specify that any parent or person may bring an infant to an emergency room, and specify the reunification efforts may be made when the birth family is known.
SFA (2, D. Karem) - Retain original provisions and add police stations and fire stations as places where an infant may be placed; require emergency medical services provider, police officer, or firefighter who accepts custody of an infant to arrange for the infant to be taken to the nearest hospital emergency room; specify implied consent for medical treatment.
SFA (3, C. Borders) - Retain original provisions except specify that the parent shall not remain anonymous and that investigation is permitted when there are indicators of child physical abuse or child neglect.
SFA (4, D. Boswell) - Retain original provisions except specify that the parent shall not remain anonymous and that investigation is permitted when there are indicators of child physical abuse or child neglect.
Feb 2-introduced in Senate
Feb 4-to Health and Welfare (S)
Feb 17-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 18-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Feb 22-floor amendment (2) filed to Committee Substitute
Feb 24-posted for passage in the Regular Orders of the Day for Tuesday, February 29, 2000; floor amendment (3) filed to Committee Substitute
Feb 28-floor amendment (4) filed to Committee Substitute
Feb 29-3rd reading; floor amendment (4) withdrawn ; passed 37-0 with Committee Substitute, floor amendments (1) (2) and (3)
Mar 1-received in House
Mar 2-to Judiciary (H)