HB 289

AN ACT implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child.

SPONSORS: Rep. Clegg, Hills 23; Rep. Gilman, Graf 1; Rep. Clemons, Hills 31; Rep. Nowe, Rock 3; Rep. Alukonis, Hills 23; Sen. Barnes, Dist 17; Sen. Francoeur, Dist 14; Sen. Gordon, Dist 2; Sen. Roberge, Dist 9; Sen. Eaton, Dist 10

This bill declares that a hospital shall assume care and custody of an abandoned child and shall notify the department of health and human services regarding the abandonment. This bill also creates an exception to the crime of endangering the welfare of a child where a parent delivers the child to a hospital and the parent does not express an intent to return for the child.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Care and Custody of Children at a Hospital. Amend RSA by inserting after chapter 132 the following new chapter:

II. "Hospital" shall mean a public or private institution which is required to be licensed under RSA 151, and which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitative services for the rehabilitation of such persons.

I. In accordance with hospital policy or protocol, a hospital, without a court order, shall take possession of a child who is 72 hours old or younger provided that the child is voluntarily brought to the hospital by the child's parent or parents and the parent or parents did not express an intent to return for the child.

II. A hospital which takes possession of a child under this chapter shall provide any medical services necessary to protect the physical health or safety of the child.

I. Within 24 hours after a hospital assumes possession of a child under RSA 132-A:2, the hospital shall notify the department that the hospital has assumed possession of the child.

II. Upon receipt of notice by the hospital, the department shall assume the care, control, and custody of the child and shall be responsible for all medical and other costs incurred by the hospital in assuming possession of the child. The department shall reimburse the hospital for any costs incurred prior to the child's placement in the care, control, and custody of the department.

132-A:4 Liability. No person or entity subject to the provisions of this chapter shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this chapter.

2 Husband and Wife; Support of Wife and Children; Abandonment by Wife Amended. Amend RSA 460:28 to read as follows:

I. If any [~~wife or~~] mother shall separate herself from her [~~husband~~] children without cause[~~, or from her children,~~] she shall be guilty of a misdemeanor. The fine, if any, shall be applied in the discretion of the court to the benefit of the deserted [~~husband or~~] children [~~or both~~].

II. A mother who separates herself from her child or children, pursuant to RSA 132-A, shall not be guilty of an offense or subject to a fine under this section.

3 New Paragraph; Offenses Against the Family; Endangering the Welfare of Child or Incompetent; Exception. Amend RSA 639:3 by inserting after paragraph V the following new paragraph:

VI. No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section.

AN ACT implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child.

The Department of Health and Human Services stated this bill would have an indeterminable impact on state expenditures and revenues in FY 2002 and each year thereafter. There will be no impact on county and local expenditures or revenues.

The Department indicated there is no mandate requiring the Department to reimburse hospitals for the care of children before they are placed with the Department. In practice, the Department usually considers these costs on a case by case basis. The Department stated the number of abandoned children is small but the costs could be substantial if an abandoned child was critically ill.