- Perfected -

SS/SB 687 - This act creates the "Safe Place for Newborns Act of 2001" and modifies provisions relating to foster care.

A new Section 210.566 outlines the rights and responsibilities of foster parents (Section 210.566). This portion of the act is substantially similar to portions of SCS/SBs 923, et al and SB 828.

This act allows foster parents to be automatically registered with the Family Care Safety Registry at no additional cost (Section 210.906). This portion of the act is similar portions of SCS/SBs 923, et al and SB 876.

Currently, the Division of Family Services makes reasonable efforts to prevent or eliminate the need for removal of the child from a home. This act does not require such effort when a child is abused by a person other than the parent and circumstances indicate the parent knew or should have known about it. Section 211.183, RSMo, currently defines "reasonable efforts" as reasonable diligence and care by the Division of Family Services to utilize all available resources to meet the needs of the juvenile and the family (Section 211.183). This portion is identical to SB 694.

A new Section 210.950 is created to protect parents from liability for leaving a newborn child if:

- The child is left in the custody of a hospital staff member or volunteer;

- The child is no more than 5 days old; and

- The child has not been physically abused by the parent.

The hospital must provide necessary treatment to protect the child's health or safety and a parent's voluntary delivery of the child to the hospital is implied consent to medical treatment. The hospital must notify the Division of Family Services (DFS) when the child is ready for discharge. Upon notification, DFS must take custody of the child. DFS must provide information about this process on its toll-free number or through brochures and pamphlets.

Currently, Section 568.030, RSMo, creates the crime of abandonment of a child in the first degree. Section 568.045 currently creates the crime of endangering the welfare of a child in the first degree. Section 568.050 creates the crime of endangering the welfare of a child in the second degree. New language to all three of the above sections allows an affirmative defense if the defendant voluntarily delivered the child to a hospital.

ERIN MOTLEY