2005 Legislation
Print Friendly

HOUSE BILL NO. 295 – Child, abandoned, safe haven, info

HOUSE BILL NO. 295

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0295......................................................by STATE AFFAIRS
IDAHO SAFE HAVEN ACT - Amends existing law relating to the Idaho Safe Haven
Act to provide that a safe haven shall inquire as to specified information;
and to provide for confidentiality.
                                                                        
03/04    House intro - 1st rdg - to printing
03/07    Rpt prt - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 66-2-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Nielsen, Schaefer
      Absent and excused -- Crow, Wood
    Floor Sponsor - Clark
    Title apvd - to Senate
03/21    Senate intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 295
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO SAFE HAVEN ACT; AMENDING SECTION 39-8103, IDAHO CODE, AS
  3        ADDED BY SECTION 1, CHAPTER 357, LAWS OF 2001, TO REDESIGNATE THE SECTION,
  4        TO PROVIDE THAT A SAFE HAVEN SHALL INQUIRE AS TO SPECIFIED INFORMATION AND
  5        TO PROVIDE FOR CONFIDENTIALITY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 39-8103, Idaho Code, as added by Section 1, Chap-
  8    ter 357, Laws of 2001, be, and the same is hereby amended to read as follows:
                                                                        
  9        39-81038203.  EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN -- CONFIDEN-
 10    TIALITY -- IMMUNITY. (1) A safe haven shall take temporary physical custody of
 11    a child, without court order, if the child is personally delivered to  a  safe
 12    haven, provided that:
 13        (a)  The child is no more than thirty (30) days of age;
 14        (b)  The custodial parent delivers the child to the safe haven; and
 15        (c)  The  custodial  parent  does  not express an intent to return for the
 16        child.
 17        (2)  If a safe haven takes temporary physical custody of a child  pursuant
 18    to subsection (1) of this section, the safe haven shall:
 19        (a)  Perform  any  act  necessary,  in  accordance with generally accepted
 20        standards of professional practice, to protect, preserve, or aid the phys-
 21        ical health and safety of the child during the temporary physical  custody
 22        including, but not limited to, delivering the child to a hospital for care
 23        or treatment; and
 24        (b)  Immediately  notify  a peace officer or other person appointed by the
 25        court of the abandonment.
 26        (3)  The safe haven shall not inquire as to the identity of the  custodial
 27    parent  and,  if the identity of a parent is known to the safe haven, the safe
 28    haven shall keep all information as to the identity confidential.  The  custo-
 29    dial parent leaving the child shall not be required to provide any information
 30    to  the  safe haven but may voluntarily provide information including, but not
 31    limited to, medical history of the parent(s) or the child child's parents, the
 32    residence of the child's parents, and information relevant to the child's sta-
 33    tus as an Indian child under 25 U.S.C. section 1901, et seq., and any relevant
 34    medical history of the child. The identity of the parents and child  shall  be
 35    subject  to  the rules of confidentiality as provided in chapter 16, title 16,
 36    Idaho Code, chapter 3, title 9, Idaho Code, and the rules of the Idaho depart-
 37    ment of health and welfare.
 38        (4)  A safe haven with responsibility for  performing  duties  under  this
 39    section,  and  any  employee,  doctor,  or other personnel working at the safe
 40    haven, are immune from any civil or criminal liability  that  otherwise  might
 41    result  from  their  actions,  if they are acting in good faith in receiving a
 42    child and performing duties under this section.
 43        (5)  A custodial parent may leave a child with a safe haven in this  state
                                                                        
                                           2
                                                                        
  1    without  being subjected to prosecution for abandonment pursuant to the provi-
  2    sions of title 18, Idaho Code, provided that the child was no more than thirty
  3    (30) days of age when it was left at the safe haven, as  determined  within  a
  4    reasonable degree of medical certainty.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                    
                              RS 15096
                                    
    This bill would modify the confidentiality provisions relating
    to safe havens.  At present, the statute states that a safe
    haven shall not inquire as to the identity of the custodial
    parent, and that, if the identity of a parent is known to the
    safe haven, that information shall be kept confidential.  This
    bill provides that the safe haven shall inquire as to the
    identity and residence of the child's parents, information
    relevant to the child's status as an Indian child under
    federal law, and any relevant medical history of the child. 
    Such information would be subject to the provisions regarding
    confidentiality contained in statutes and in the Idaho
    Administrative Code.
    
    This revision is intended to protect the privacy of birth
    mothers using safe havens, while providing for the gathering
    of information necessary for the court to insure that it is
    acting in the best interests of the child and in compliance
    with the requirements of federal law.
    
    
    
                            FISCAL NOTE
                                 
    This bill would have no impact on the general fund.
    
      
    
      
    
    Contact
    Name:  Patricia Tobias
           Administrative Director of the Courts
    Phone: (208) 334-2246
    
    
     
    Statement of Purpose/Fiscal Note                  H 295