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2023 SESSION

23103706D
HOUSE BILL NO. 2291
Offered January 11, 2023
Prefiled January 11, 2023
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.5:3, relating to infants left in newborn safety devices or left with hospital or emergency medical services agency personnel; placement protocol.
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Patrons-- Brewer and Taylor
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-226.5:3 as follows:

§ 8.01-226.5:3. Infants left in newborn safety devices or left with hospital or emergency medical services agency personnel; placement protocol.

A. The placement of infants who are left in newborn safety devices pursuant to § 8.01-226.5:2 shall follow the protocols prescribed in this section.

B. If an infant is left with any personnel of a hospital or emergency medical services agency, the personnel shall do the following:

1. Immediately conduct a physical exam if the infant is left at a hospital or immediately transport the infant to a hospital for a physical examination if the infant is left at an emergency medical services agency.

2. Immediately contact the local board of social services to inform it that an infant has been left at a hospital or emergency medical services agency and of the location of the hospital where the infant was left or has been transported.

C. Within eight hours after the local board of social services is contacted pursuant to subsection B, the local board shall contact the next licensed child-placing agency on a rotating list maintained by the local board until the local board of social services contacts a licensed child-placing agency that agrees to take custody of the infant within 24 hours after the hospital completes the physical examination and approves the infant for medical release.

D. If an agency does not take custody of the infant within 24 hours after the hospital completes the physical examination, the hospital shall contact the local board of social services, and the local board of social services shall contact the next licensed child-placing agency on its rotating list until an agency agrees to take custody of the infant.

E. If no agency takes custody of the infant pursuant to this section within 48 hours after the hospital completes the physical examination, the local board of social services shall take custody of the infant.

F. Notwithstanding any other provision of law, before a licensed child-placing agency or the local board of social services takes custody of an infant pursuant to this section, a health care provider, as defined in § 8.01-581.1, may make health care treatment decisions for the infant. A health care provider who makes a good faith medical decision pursuant to this section is immune from liability.

G. The hospital or emergency medical services agency that takes custody of the infant shall act as the responsible adult and complete the Commonwealth's program of medical assistance services application process on behalf of the infant. If the infant is determined ineligible for the Commonwealth's program of medical assistance services or if the Commonwealth's program of medical assistance services does not reimburse the hospital for the medical examination and treatment provided to the infant, the entity or individual that ultimately takes custody of the infant shall be liable for the costs of the physical examination and treatment, if any, of the infant.

H. An agency that takes custody of the infant shall comply with all state and federal laws regarding adoption and placement of children.

I. The local board of social services shall inform an agency when it has rotated to the top of the contact list and inform it that the local board of social services will notify it the next time an infant is left in a newborn safety device or left with any personnel of a hospital or emergency medical services agency.

J. A licensed child-placing agency may contact the local board of social services to be placed on the rotating list maintained by the local board of social services pursuant to this section if it:

1. Is a nonprofit agency;

2. Does not specialize in international adoptions; and

3. Has a 24-hour emergency contact number.

K. The protocols prescribed in this section apply only to an unharmed infant who is 30 days of age or younger and who is not alleged to have been neglected or abused. If an infant who is transported to a hospital is older than 30 days or has been harmed, the hospital shall contact the local board of social services, and the local board shall take custody of the infant.