BILL NUMBER: AB 1873	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        JANUARY 18, 2006

   An act to amend Section 1255.7 of the Health and Safety Code, and
to amend Section 271.5 of the Penal Code, relating to child
protection, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1873, as introduced, Torrico  Child protection: safe surrender.

   Existing law designates certain locations as safe-surrender sites
for the safe surrender of newborn children who are 72 hours of age or
younger.
   This bill would expand the scope of those provisions to apply to
children who are one year of age or younger. The bill would also
designate any fire station as a safe-surrender site. The bill would
also appropriate $5,000,000 to the Department of Social Services to
conduct a statewide awareness campaign and to establish and operate a
1-800 telephone number for assistance.
   By imposing new duties on county officials, the bill would impose
a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1255.7 of the Health and Safety Code is amended
to read:
   1255.7.  (a) (1) For purposes of this section, "safe-surrender
site" means  either   any  of the
following:
   (A) A location designated by the board of supervisors of a county
to be responsible for accepting physical custody of a minor child who
is  72 hours old   one year of age  or
younger from a parent or individual who has lawful custody of the
child and who surrenders the child pursuant to Section 271.5 of the
Penal Code.
   (B) A location within a public or private hospital that is
designated by that hospital to be responsible for accepting physical
custody of a minor child who is  72 hours old  
one year of age  or younger from a parent or individual who has
lawful custody of the child and who surrenders the child pursuant to
Section 271.5 of the Penal Code.  
   (C) Any fire station. 
   (2) For purposes of this section, "parent" means a birth parent of
a minor child who is  72 hours old   one year
of age  or younger.
   (3) For purposes of this section, "personnel" means any person who
is an officer or employee of a safe-surrender site or who has staff
privileges at the site.
   (4) A hospital and any safe-surrender site designated by the
county board of supervisors shall post a sign utilizing a statewide
logo that has been adopted by the State Department of Social Services
that notifies the public of the location where a minor child
 72 hours old   one year of age  or younger
may be safely surrendered pursuant to this section.
   (b) Any personnel on duty at a safe-surrender site shall accept
physical custody of a minor child  72 hours old 
 one year of age  or younger pursuant to this section if a
parent or other individual having lawful custody of the child
voluntarily surrenders physical custody of the child to personnel who
are on duty at the safe-surrender site. Safe-surrender site
personnel shall ensure that a qualified person does all of the
following:
   (1) Places a coded, confidential ankle bracelet on the child.
   (2) Provides, or makes a good faith effort to provide, to the
parent or other individual surrendering the child a copy of a unique,
coded, confidential ankle bracelet identification in order to
facilitate reclaiming the child pursuant to subdivision (f). However,
possession of the ankle bracelet identification, in and of itself,
does not establish parentage or a right to custody of the child.
   (3) Provides, or makes a good faith effort to provide, to the
parent or other individual surrendering the child a medical
information questionnaire, which may be declined, voluntarily filled
out and returned at the time the child is surrendered, or later
filled out and mailed in the envelope provided for this purpose. This
medical information questionnaire shall not require any identifying
information about the child or the parent or individual surrendering
the child, other than the identification code provided in the ankle
bracelet placed on the child. Every questionnaire provided pursuant
to this section shall begin with the following notice in no less than
12-point type:
   NOTICE: THE BABY YOU HAVE BROUGHT IN TODAY MAY HAVE SERIOUS
MEDICAL NEEDS IN THE FUTURE THAT WE DON'T KNOW ABOUT TODAY. SOME
ILLNESSES, INCLUDING CANCER, ARE BEST TREATED WHEN WE KNOW ABOUT
FAMILY MEDICAL HISTORIES. IN ADDITION, SOMETIMES RELATIVES ARE NEEDED
FOR LIFE-SAVING TREATMENTS. TO MAKE SURE THIS BABY WILL HAVE A
HEALTHY FUTURE, YOUR ASSISTANCE IN COMPLETING THIS QUESTIONNAIRE
FULLY IS ESSENTIAL. THANK YOU.
   (c) Personnel of a safe-surrender site that has physical custody
of a minor child pursuant to this section shall ensure that a medical
screening examination and any necessary medical care is provided to
the minor child.  Notwithstanding any other provision of law, the
consent of the parent or other relative shall not be required to
provide that care to the minor child.
   (d) (1) As soon as possible, but in no event later than 48 hours
after the physical custody of a child has been accepted pursuant to
this section, personnel of the safe-surrender site that has physical
custody of the child shall notify child protective services or a
county agency providing child welfare services pursuant to Section
16501 of the Welfare and Institutions Code, that the safe-surrender
site has physical custody of the child pursuant to this section. In
addition, any medical information pertinent to the child's health,
including, but not limited to, information obtained pursuant to the
medical information questionnaire described in paragraph (3) of
subdivision (b) that has been received by or is in the possession of
the safe-surrender site shall be provided to that child protective
services or county agency.
   (2) Any personal identifying information that pertains to a parent
or individual who surrenders a child that is obtained pursuant to
the medical information questionnaire is confidential and shall be
exempt from disclosure by the child protective services or county
agency under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). Any personal identifying information that pertains
to a parent or individual who surrenders a child shall be redacted
from any medical information provided to child protective services or
the county agency providing child welfare services.
   (e) Child protective services or the county agency providing child
welfare services pursuant to Section 16501 of the Welfare and
Institutions Code shall assume temporary custody of the child
pursuant to Section 300 of the Welfare and Institutions Code
immediately upon receipt of notice under subdivision (d). Child
protective services or the county agency providing child welfare
services pursuant to Section 16501 of the Welfare and Institutions
Code shall immediately investigate the circumstances of the case and
file a petition pursuant to Section 311 of the Welfare and
Institutions Code. Child protective services or the county agency
providing child welfare services pursuant to Section 16501 of the
Welfare and Institutions Code shall immediately notify the State
Department of Social Services of each child to whom this subdivision
applies upon taking temporary custody of the child pursuant to
Section 300 of the Welfare and Institutions Code. As soon as
possible, but no later than 24 hours after temporary custody is
assumed, child protective services or the county agency providing
child welfare services pursuant to Section 16501 of the Welfare and
Institutions Code shall report all known identifying information
concerning the child, except personal identifying information
pertaining to the parent or individual who surrendered the child, to
the California Missing Children Clearinghouse and to the National
Crime Information Center.
   (f) If, prior to the filing of a petition under subdivision (e), a
parent or individual who has voluntarily surrendered a child
pursuant to this section requests that the safe-surrender site that
has physical custody of the child pursuant to this section return the
child and the safe-surrender site still has custody of the child,
personnel of the safe-surrender site shall either return the child to
the parent or individual or contact a child protective agency if any
personnel at the safe-surrender site knows or reasonably suspects
that the child has been the victim of child abuse or neglect. The
voluntary surrender of a child pursuant to this section is not in and
of itself a sufficient basis for reporting child abuse or neglect.
The terms "child abuse," "child protective agency," "mandated
reporter," "neglect," and "reasonably suspects" shall be given the
same meanings as in Article 2.5 (commencing with Section 11164) of
Title 1 of Part 4 of the Penal Code.
   (g) Subsequent to the filing of a petition under subdivision (e),
if within 14 days of the voluntary surrender described in this
section, the parent or individual who surrendered custody returns to
claim physical custody of the child, the child welfare agency shall
verify the identity of the parent or individual, conduct an
assessment of his or her circumstances and ability to parent, and
request that the juvenile court dismiss the petition for dependency
and order the release of the child, if the child welfare agency
determines that none of the conditions described in subdivisions (a)
to (d), inclusive, of Section 319 of the Welfare and Institutions
Code currently exist.
   (h) A safe-surrender site, or personnel of the safe-surrender
site, that accepts custody of a surrendered child pursuant to this
section shall not be subject to civil, criminal, or administrative
liability for accepting the child and caring for the child in the
good faith belief that action is required or authorized by this
section, including, but not limited to, instances where the child is
older than  72 hours   one year  or the
parent or individual surrendering the child did not have lawful
physical custody of the child. This subdivision does not confer
immunity from liability for personal injury or wrongful death,
including, but not limited to, injury resulting from medical
malpractice.
   (i) (1) In order to encourage assistance to persons who
voluntarily surrender physical custody of a child pursuant to this
section or Section 271.5 of the Penal Code, no person who, without
compensation and in good faith, provides assistance for the purpose
of effecting the safe surrender of a minor  72 hours old
  one year of age  or younger shall be civilly
liable for injury to or death of the minor child as a result of any
of his or her acts or omissions. This immunity does not apply to any
act or omission constituting gross negligence, recklessness, or
willful misconduct.
   (2) For purposes of this section, "assistance" means transporting
the minor child to the safe-surrender site as a person with lawful
custody, or transporting or accompanying the parent or person with
lawful custody at the request of that parent or person to effect the
safe surrender, or performing any other act in good faith for the
purpose of effecting the safe surrender of the minor.
   (j) For purposes of this section, "lawful custody" means physical
custody of a minor  72 hours old   one year of
age  or younger accepted by a person from a parent of the minor,
who the person believes in good faith is the parent of the minor,
with the specific intent and promise of effecting the safe surrender
of the minor.
   (k) Any identifying information that pertains to a parent or
individual who surrenders a child pursuant to this section, that is
obtained as a result of the questionnaire described in paragraph (3)
of subdivision (b) or in any other manner, is confidential, shall be
exempt from disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), and shall not be disclosed by any personnel
of a safe-surrender site that accepts custody of a child pursuant to
this section.
  SEC. 2.  Section 271.5 of the Penal Code is amended to read:
   271.5.  (a) No parent or other individual having lawful custody of
a minor child  72 hours old   one year of age
 or younger may be prosecuted for a violation of Section 270,
270.5, 271, or 271a if he or she voluntarily surrenders physical
custody of the child to personnel on duty at a safe-surrender site.
   (b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
   (c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
   (2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (2) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.
  SEC. 3.  The sum of five million dollars ($5,000,000) is hereby
appropriated from the General Fund to the State Department of Social
Services for the purpose of supporting the safe-surrender site
program as follows:
   (a) The department shall conduct a statewide awareness campaign
publicizing the existence of safe-surrender sites.
   (b) The department shall establish and operate a 1-800 telephone
number for the purpose of providing education and assistance to the
public regarding safe-surrender sites.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.