HB 76/FN/LM (BR 934) - T. Burch, L. Belcher, M. Cherry, C. Hoffman
AN ACT relating to abandoned infants, making an appropriation therefor, and declaring an emergency.
Amend KRS 311.6526 to require the Emergency Medical Services Program for Children to collaborate with the Cabinet for Families and Children and require guidelines for responding to abandoned infants, including preserving the confidentiality of the parent, and define "newborn infant" as an infant less than seventy-two (72) hours old; create a new section of KRS Chapter 211 to specify that emergency medical services provider has implied consent for treatment, to require that the identity of the person placing the newborn be kept confidential, and to state that provisions do not apply when indicators of child abuse or neglect are present; create a new section of KRS 216B.400 to require emergency rooms to accept newborns anonymously and perform all necessary medical care, provide immunity for acts of medical care but not acts of negligence, and provide implied consent for treatment; require notification to Cabinet for Families and Children; make voluntary information available to person leaving the infant; and state that provisions to not apply when indicators of child abuse or neglect are present; create a new section of KRS Chapter 405 to permit parent to anonymously place newborn with a hospital, or emergency medical services, police, or firefighters, who are required to arrange for the infant to go to a hospital and provide that by doing so, the parent waives legal standing and right to notification of court proceedings under KRS Chapter 620; create a new section of KRS Chapter 620 to require cabinet to seek emergency custody of abandoned infant, prohibit child abuse or neglect investigation or assessment when infant is placed in manner described, and specify that provisions do not apply when indicators of child abuse and neglect are present; require placement in a home willing to adopt the infant; provide that if court places temporary custody with the cabinet the order remains in effect for at least thirty (30) days; require law enforcement investigation through Missing Child Information Center; permit cabinet to pursue termination of parental rights; specify procedures when a parent makes a claim to the infant and include cabinet investigation or assessment and home evaluation; allow court to require genetic testing at the expense of the parent; create a new section of KRS Chapter 620 to require the cabinet to provide information and medical history forms and produce a media campaign; appropriate $100,000 for FY 02-03 and $50,000 for FY 03-04; EMERGENCY.
HB 76 - AMENDMENTS
HCS/FN/LM - Delete appropriation; make media campaign subject to the availability of funds.
HCA (1/Title, H. Moberly) - Make title amendment.
HFA (1, J. Haydon) - Amend to give parent leaving newborn safe passage by granting immunity from arrest on criminal or civil process while in the process of leaving the newborn.
HFA (2, J. Haydon) - Delete references to child abuse and neglect.
SCA (1, D. Williams) - Delete original provisions; amend KRS 13A.020 to increase membership of the Administrative Regulation Review Subcommittee from seven to eight members; provide for appointment of four members from each chamber, including at least one member of the minority party of each chamber; provide for a co-chair from each chamber; require that any official action of the Legislative Research Commission shall require an affirmative roll-call vote of a majority of the Commission's entire membership.
SCA (2/Title, D. Williams) - Make title amendment.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Health and Welfare (H)
Jan 9-posted in committee; posting waived
Jan 10-reported favorably, 1st reading, to Calendar
Jan 11-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
Mar 1-posted in committee
Mar 5-reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
Mar 6-floor amendments (1) and (2) filed to Committee Substitute
Mar 12-posted for passage in the Regular Orders of the Day for Wednesday, March 13, 2002
Mar 14-3rd reading, passed 100-0 with Committee Substitute, committee amendment (1-title)
Mar 15-received in Senate
Mar 19-to Health and Welfare (S)
Mar 20-reported favorably, 1st reading, to Consent Calendar
Mar 21-2nd reading, to Rules
Apr 15-recommitted to Judiciary (S); reported favorably, to Rules with committee amendments (1) and (2-title) ; posted for passage in the Regular Orders of the Day for Monday, April 15, 2002