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Bill Summary · HB 139

Summary — HB 139: Baby Boxes / Newborn Safety Device

Status: Introduced (House); Regular message received from House.
Primary purpose: Authorize and regulate the installation and use of “newborn safety devices” (commonly called “baby boxes”) at qualified emergency/public-safety facilities so parents may safely and anonymously surrender newborns (up to 30 days old) without a court order.

Purpose / intent

  • Provide a safe, legal option for parents in crisis to surrender an infant (reasonably believed ≤ 30 days old) without fear of criminal liability or child-abuse findings solely for the act of surrendering.
  • Ensure surrendered infants are immediately protected and receive timely medical care and social-services placement.

Key provisions

  • Definition: “Safely surrendered infant” = infant reasonably believed ≤ 30 days old, without signs of abuse/neglect, voluntarily delivered or placed in a newborn safety device by a parent who does not express an intent to return.
  • Authorized locations (“qualified establishments”): emergency departments, fire departments, or rescue/EMS squads that are staffed on-site 24/7 by an EMT or other emergency health-care provider.
  • Device standards and installation:
    • Temperature‑controlled, ventilated interior.
    • Exterior access that locks automatically upon placement; interior access for staff to safely retrieve the infant.
    • Physically attached to building exterior in a conspicuous spot visible to employees.
  • Operational requirements for facilities installing a device:
    • Pay installation costs via departmental funds or private donations.
    • Install an adequate dual alarm system tied to the device; when accessed from the exterior, the alarm must sound and automatically call 911 for the county where located.
    • Test the dual alarm system weekly (some drafts show monthly); visually inspect the device at least twice daily (some drafts vary).
    • Maintain an emergency plan for immediate medical care and, if needed, transport to an appropriate pediatric facility.
    • Post clear signage at the device listing crisis support phone numbers, alternatives to using the device, and a statement that placing a newborn in the device constitutes abandonment of parental rights and consent for foster/adoptive placement except as otherwise provided by statute.
  • Custody and process:
    • Any qualified individual (healthcare provider on duty, on‑duty first responder, social‑services worker, or an employee of a qualified establishment) must take the infant into temporary custody without a court order when the infant is placed in a device.
    • The surrender does not itself constitute neglect.
    • Notice/publication and parent rights provisions are amended to cover surrenders via device (publication of surrender, parent rights to seek return before termination proceedings, and procedures regarding non‑surrendering parent).
  • Oversight:
    • The Department of Health and Human Services, Division of Social Services must inspect each newborn safety device before it becomes operational and annually thereafter to confirm compliance.

Who is affected

  • Infants (≤ 30 days) and their parents (particularly parents in crisis seeking safe surrender).
  • Qualified establishments (hospitals/EDs, fire departments, rescue/EMS squads) that choose to install and operate devices — responsible for equipment, alarms, inspections, and procedures.
  • Local social‑services agencies and first responders — additional duties to receive custody, perform assessments, and manage placement.
  • Local 911/EMS systems — alarm integration and emergency response coordination.

Procedural/timeline aspects

  • Initial inspection required prior to device operation; annual inspections thereafter.
  • Alarm testing and routine visual inspections required on an ongoing schedule (weekly tests; twice‑daily visual checks in primary drafts).
  • Statutory amendments clarify publication/notice timelines and parental rights related to surrendered infants.
  • Effective date in many draft versions: October 1, 2025 (check final enrolled version for official effective date).

Potential impacts

  • Public‑safety/health benefits: may reduce unsafe abandonments and provide faster medical attention to surrendered infants.
  • Operational costs and responsibilities for facilities installing devices (purchase/installation, alarm integration, staffing, inspections, emergency transport).
  • Increased workload for local departments of social services to receive, assess, notify, and place surrendered infants; also some administrative obligations (publication notices, recordkeeping).
  • Liability and policy considerations (medical response, device maintenance, coordination with 911 and social‑services protocols).

For stakeholders: review the final enacted text for exact testing/inspection frequencies, signage language, funding mechanisms, and the official effective date before implementation.

Compiled from official sources — confirm details with the bill’s official record.

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