View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] 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 notinquire as to the identity of the custodial27 parent and, if the identity of a parent is known to the safe haven, the safe28 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 information30 to the safe haven but may voluntarily provide information including, but not31 limited to, medical history of the parent(s) or the childchild'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 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