Print Friendly HOUSE BILL NO. 295 – Child, abandoned, safe haven, info
HOUSE BILL NO. 295
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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.
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
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
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
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
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.
This bill would have no impact on the general fund.
Name: Patricia Tobias
Administrative Director of the Courts
Phone: (208) 334-2246
Statement of Purpose/Fiscal Note H 295