RCW 13.34.360
Transfer of newborn to qualified person—Criminal liability—Notification to child protective services—Definitions.
(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.
(5) The department shall collect and compile information concerning the number of newborns transferred under this section after June 7, 2018. The department shall report its findings to the public annually, which may be on its website, beginning July 31, 2018.
[ 2018 c 182 § 2; 2009 c 290 § 1; 2002 c 331 § 2.]
NOTES:
Findings—Intent—2018 c 182: "The legislature finds that on February 12, 2014, the body of a newborn girl was found near the side of a road in North Bend, Washington, wrapped in a blanket. The newborn was less than half a mile away from Snoqualmie valley hospital, a location where infants can be safely and anonymously surrendered under Washington state's safety of newborn children law. The legislature further finds that while national estimates are that safe surrender laws across the country have saved well over one thousand infants in the past decade, surprisingly little is known about how many abandonment incidents occur and how many could have been or have been prevented through safe surrender laws.
The legislature further finds that no newborn should be abandoned to die alone and hungry as its first and only exposure to the world, any life that can be saved under the safety of the newborn children law is worth saving, and understanding the characteristics of newborn abandonment and knowing when and where they occur is crucial for developing effective public awareness strategies to make caregivers aware of the state's safe surrender option. The legislature further finds that while existing state law requires persons receiving infants under the safety of newborn children law to notify child protective services, which is situated within the Washington state department of social and health services children's administration, within twenty-four hours, there is no statutory requirement for the department of social and health services to report data on surrendered newborns. The legislature therefore intends to require the department of social and health services to provide consistent tracking and regular public reporting of safe surrender information statewide and to regularly publish information on safe surrenders." [ 2018 c 182 § 1.]
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.]
Structure Revised Code of Washington
Title 13 - Juvenile Courts and Juvenile Offenders
Chapter 13.34 - Juvenile Court Act—Dependency and Termination of Parent-Child Relationship.
13.34.020 - Legislative declaration of family unit as resource to be nurtured—Rights of child.
13.34.025 - Child dependency cases—Coordination of services—Remedial services.
13.34.045 - Educational liaison—Identification.
13.34.046 - Educational liaison—Responsibilities—Background checks.
13.34.050 - Court order to take child into custody, when—Hearing.
13.34.055 - Custody by law enforcement officer—Release from liability.
13.34.060 - Shelter care—Placement—Custody—Duties of parties.
13.34.062 - Shelter care—Notice of custody and rights.
13.34.065 - Shelter care—Hearing—Recommendation as to further need—Release.
13.34.067 - Shelter care—Case conference—Service agreement.
13.34.069 - Shelter care—Order and authorization of health care and education records.
13.34.080 - Summons when petition filed—Publication of notice.
13.34.090 - Rights under chapter proceedings.
13.34.092 - Rights under chapter proceedings—Appointment of counsel—Notice.
13.34.094 - Description of services provided to parents.
13.34.096 - Right to be heard—Notice.
13.34.102 - Guardian ad litem—Training—Registry—Selection—Substitution—Exception.
13.34.105 - Guardian ad litem—Duties—Immunity—Access to information.
13.34.107 - Guardian ad litem—Ex parte communications—Removal.
13.34.108 - Guardian ad litem—Fees.
13.34.110 - Hearings—Fact-finding and disposition—Time and place, notice.
13.34.125 - Voluntary adoption plan—Consideration of preferences for proposed placement.
13.34.132 - Petition seeking termination of parent-child relationship—Requirements.
13.34.134 - Permanent placement of child.
13.34.136 - Permanency plan of care.
13.34.142 - Current placement episode—Calculation.
13.34.147 - Case review panel—Creation—Duties.
13.34.150 - Modification of orders.
13.34.160 - Order of support for dependent child.
13.34.161 - Order of support for dependent child—Noncompliance—Enforcement of judgment.
13.34.165 - Civil contempt—Grounds—Motion—Penalty—Detention review hearing.
13.34.180 - Order terminating parent and child relationship—Petition—Filing—Allegations.
13.34.190 - Order terminating parent and child relationship—Findings.
13.34.200 - Order terminating parent and child relationship—Rights of parties when granted.
13.34.212 - Court-appointed attorney for a child in a dependency proceeding.
13.34.234 - Guardianship for dependent child—Dependency guardianship subsidies.
13.34.235 - Guardianship for dependent child—Review hearing requirements not applicable—Exception.
13.34.240 - Acts, records, and proceedings of Indian tribe or band given full faith and credit.
13.34.265 - Foster home placement—Considerations.
13.34.270 - Child with developmental disability—Out-of-home placement—Permanency planning hearing.
13.34.300 - Relevance of failure to cause juvenile to attend school to neglect petition.
13.34.315 - Health care—Evaluation and treatment.
13.34.320 - Inpatient mental health treatment—When parental consent required—Hearing.
13.34.330 - Inpatient mental health treatment—Placement.
13.34.340 - Release of records—Disclosure to treating physician.
13.34.350 - Dependent children—Information sharing—Guidelines.
13.34.370 - Evaluation of parties—Selection of evaluators.
13.34.380 - Visitation policies and protocols—Development—Elements.
13.34.390 - Comprehensive services for drug-affected and alcohol-affected mothers and infants.
13.34.400 - Child welfare proceedings—Placement—Documentation.
13.34.410 - Psychosexual evaluation.
13.34.420 - Qualified residential treatment program—Requirements.
13.34.425 - Qualified residential treatment program—Placement—Hearing.
13.34.430 - Social study—Required information.
13.34.435 - Washington state center for court research—Attorney-client privilege.
13.34.800 - Drug-affected and alcohol-affected infants—Model project.
13.34.801 - Rules—Definition of "drug-affected infant."
13.34.802 - Rules—Definition of "alcohol-affected infant."
13.34.820 - Permanency for dependent children—Annual report.
13.34.830 - Child protection and child welfare—Racial disproportionality—Evaluation—Report.
13.34.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.