(1) For purposes of this section:
(a) "Appropriate location" means (i) the emergency
department of a hospital licensed under chapter 70.41 RCW during
the hours the hospital is in operation; (ii) a fire station
during its hours of operation and while fire personnel are
present; or (iii) a federally designated rural health clinic
during its hours of operation.
(b) "Newborn" means a live human being who is less than
seventy-two hours old.
(c) "Qualified person" means (i) any person that the parent
transferring the newborn reasonably believes is a bona fide
employee, volunteer, or medical staff member of the hospital or
federally designated rural health clinic and who represents to
the parent transferring the newborn that he or she can and will
summon appropriate resources to meet the newborn's immediate
needs; or (ii) a firefighter, volunteer, or emergency medical
technician at a fire station who represents to the parent
transferring the newborn that he or she can and will summon
appropriate resources to meet the newborn's immediate needs.
(2) A parent of a newborn who transfers the newborn to a
qualified person at an appropriate location is not subject to
criminal liability under RCW 9A.42.060, 9A.42.070, 9A.42.080,
26.20.030, or 26.20.035.
(3)(a) The qualified person at an appropriate location shall
not require the parent transferring the newborn to provide any
identifying information in order to transfer the newborn.
(b) The qualified person at an appropriate location shall
attempt to protect the anonymity of the parent who transfers the
newborn, while providing an opportunity for the parent to
anonymously give the qualified person such information as the
parent knows about the family medical history of the parents and
the newborn. The qualified person at an appropriate location
shall provide referral information about adoption options,
counseling, appropriate medical and emotional aftercare services,
domestic violence, and legal rights to the parent seeking to
transfer the newborn.
(c) If a parent of a newborn transfers the newborn to a
qualified person at an appropriate location pursuant to this
section, the qualified person shall cause child protective
services to be notified within twenty-four hours after receipt of
such a newborn. Child protective services shall assume custody
of the newborn within twenty-four hours after receipt of
notification.
(d) A federally designated rural health clinic is not
required to provide ongoing medical care of a transferred newborn
beyond that already required by law and may transfer the newborn
to a hospital licensed under chapter 70.41 RCW. The federally
designated rural health clinic shall notify child protective
services of the transfer of the newborn to the hospital.
(e) A hospital, federally designated rural health clinic, or
fire station, its employees, volunteers, and medical staff are
immune from any criminal or civil liability for accepting or
receiving a newborn under this section.
(4)(a) Beginning July 1, 2011, an appropriate location shall
post a sign indicating that the location is an appropriate place
for the safe and legal transfer of a newborn.
(b) To cover the costs of acquiring and placing signs,
appropriate locations may accept nonpublic funds and donations.
[2009 c 290 § 1; 2002 c 331 § 2.]
NOTES:
Intent -- 2002 c 331: "The legislature intends to increase the likelihood that pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of their lives. The legislature recognizes that prenatal and postdelivery health care for newborns and their mothers is especially critical to their survival and well-being. The legislature does not intend to encourage the abandonment of newborn children nor to change existing law relating to notification to parents under chapter 13.34 RCW, but rather to assure that abandonment does not occur and that all newborns have an opportunity for adequate health care and a stable home life." [2002 c 331 § 1.]
Effective date -- 2002 c 331: "Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 3, 2002]." [2002 c 331 § 9.]