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SB 1773

Children - As introduced, revises various provisions governing surrendering custody of unwanted infants, including adding an ambulance station that has staff scheduled 24 hours a day to the list of facilities that must receive possession of a newborn infant left on the premises with an employee or member of the professional medical community if certain listed conditions are met. - Amends TCA Title 36, Chapter 1, Part 1 and Title 68, Chapter 11, Part 2.

114th Regular Session (2025-2026) Introduced by Becky Massey

Expands surrender locations to include ambulance stations with scheduled 24/7 staff and requires immediate hospital transfer and DCS custody to streamline care and adoption for sur

Signed by Senate Speaker
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Bill Summary · SB 1773

Summary of SB 1773 (Session 114) — Tennessee

Purpose and Intent

  • Expands locations where a newborn may be surrendered without criminal liability and broadens civil/criminal immunity for facilities and individuals involved.
  • Specifically adds ambulance stations (with staff scheduled 24 hours per day) to the list of surrender locations.
  • Removes a strict “staffed 24 hours a day” standard in several provisions, replacing it with “has staff scheduled” or similar language.
  • Reforms ensure continuous safety device operation and accelerates transition of surrendered infants to state custody and adoption processes.

Key Provisions and Changes

  1. Expanded Surrender Locations (68-11-255)

    • Adds ambulance stations that have staff scheduled 24 hours a day to the locations where a mother may leave an unharmed newborn without criminal liability.
    • Broadens prior eligible locations to include any location with prior authorization that has staff scheduled 24/7, not strictly always staffed on-site.
    • Amends other categories to use the term “has staff scheduled” rather than “is staffed.”

  2. Newborn Safety Device Requirements (a(4))

    • Replaces existing criteria with:
      • Location must be inside a participating hospital, fire station, ambulance station, police station, emergency communications center, or nursing home.
      • It must be licensed/operating in TN and have staff scheduled continuously on a 24-hour basis by a licensed EMS provider.
      • The device must be located in a conspicuous area accessible to staff.

  3. Continuous Monitoring (New Subdivision E)

    • A newborn safety device must be continuously monitored by a facility employee or a member of the professional medical community at the facility.

  4. Immediate Treatment and Notification Duties (68-11-255(f))

    • If a facility employee or medical professional accepts physical custody, they must promptly take the infant to the nearest hospital ER.
    • Hospitals must immediately notify the Department of Children’s Services (DCS) that a surrendered newborn is there; DCS must immediately assume care and custody.
  • If a facility employee retrieves a newborn from a device, they must call emergency services, take the infant to the ER, and have implied consent for treatment; hospital notification to DCS follows, with immediate DCS custody.

  1. Other Provisions (68-11-255(h))

    • The bill removes a second sentence in the current subsection (as amended).

  2. Effective Date (Section 8)

    • Takes effect upon becoming law.

Who is Affected

  • Newborns and their mothers seeking surrender.
  • Facilities such as hospitals, fire stations, ambulance stations, police stations, emergency communications centers, nursing homes, and other participating locations that meet the 24-hour staffing requirement.
  • Facility employees and members of the professional medical community who handle surrendered newborns.
  • The Department of Children's Services (DCS), which is tasked with immediate custody transfer upon surrender.
  • Foster care system and potential adoptions connected to surrendered newborns.

Procedural and Timeline Aspects

  • The bill includes amended definitions and processes for surrender locations and the handling of surrendered infants.
  • Upon surrender or retrieval, hospitals and DCS have a defined immediate transfer/custody protocol.
  • The fiscal note estimates modest increases in General Fund expenditures and Title IV-E funding:
    • State General Fund: $2,100 (FY26-27 and later)
    • Federal Title IV-E: $800 (FY26-27 and later)
  • Estimated impact includes potential one additional infant surrendered per year due to expanded locations.
  • The amended provisions are effective upon enacting law (no delayed effective date).

Fiscal Impact (Summary)

  • State Government Expenditures: $2,100 (General Fund, FY26-27 and subsequent years)
  • Federal Government Expenditures: $800 (Title IV-E, FY26-27 and subsequent years)
  • Net effect on foster care placements projected modestly upward due to anticipated more surrendered infants and faster adoption pathways.
  • No significant expected reduction in litigation costs from expanded immunity provisions.

If you’d like, I can provide a side-by-side comparison of the current law and the amendments in plain language.

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

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