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HB2365 - 572R - I Ver
REFERENCE TITLE:
safe haven; adoption agencies; contact
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2365
Introduced by
Representatives
Keshel: Carter P, Fink, Gillette, Heap, Marshall, Martinez, Way
AN
ACT
AMENDING SECTION 8-528, ARIZONA
REVISED STATUTES; relating to child welfare and placement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-528, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-528.
Newborn infants left with safe haven providers; placement
protocol; definitions
A. The placement of newborn infants who are left
with safe haven providers pursuant to section 13-3623.01 shall follow the
protocols prescribed in this section.
B. If a newborn infant is left with a private child
welfare agency that is licensed pursuant to this article or with a private
adoption agency that is licensed pursuant to section 8-126 and the agency
has the ability and desire to take custody of the infant and to place the
infant for adoption, the safe haven provider shall do the following:
1. Immediately transport the newborn infant or
arrange for the newborn infant to be transported to a hospital for a physical
examination.
2. Immediately call the department to inform it that
a newborn infant has been left with the safe haven provider, of the location of
the hospital where the agency transported the infant or arranged for the infant
to be transported and that the agency will take custody of the infant after the
hospital completes the physical examination.
3. Take custody of the newborn infant from the
hospital within twenty-four hours after the hospital completes the physical
examination.
C. If the private child welfare agency or private
adoption agency does not have the ability or desire to take custody of the
newborn infant and place the infant for adoption, the agency shall do the
following:
1. Immediately transport the newborn infant or
arrange for the newborn infant to be transported to a hospital for a physical
examination.
2. Immediately call the department to inform it that
a newborn infant has been left with the safe haven provider, of the location of
the hospital where the agency transported the infant or arranged for the infant
to be transported and that the agency will not take custody of the infant after
the hospital completes the physical examination.
H.
D.
Within
eight hours after the department is contacted pursuant to subsection C
or G
of this section, the department shall contact the next
private adoption agency on a rotating list maintained by the department until
the department contacts an agency that agrees to take custody of the newborn
infant. The adoption agency must take custody of the infant from the
hospital within twenty-four hours after the hospital completes the
physical examination.
D.
e.
If
a newborn infant is left with a church, the safe haven provider must do the
following:
1. Immediately transport the newborn infant or
arrange for the newborn infant to be transported to a hospital for a physical examination.
2. If the church is affiliated with a private
adoption agency, contact the private adoption agency and inform the agency that
a newborn infant has been left with the safe haven provider.
3. Immediately call the department to inform it that
a newborn infant has been left at the church, of the location of the hospital
where the church transported the infant or arranged for the infant to be
transported and whether a private adoption agency will take custody of the
infant.
E.
f.
If
the agency contacted pursuant to subsection
D
E
of this section has the ability and desire to take custody of
the newborn infant and place the infant for adoption, the agency must take
custody of the infant within twenty-four hours after the hospital completes the
physical examination.
F.
G.
If
the church is not affiliated with a private adoption agency or the private
adoption agency does not have the ability or desire to take custody of the
newborn infant and place the infant for adoption, the department shall contact
the next private adoption agency on a rotating list of agencies maintained by
the department until it contacts an agency that agrees to take custody of the
infant. The adoption agency must take custody of the infant from the
hospital within twenty-four hours after the hospital completes the physical
examination.
G.
H.
If
a newborn infant is left with a firefighter who is on duty, an emergency
medical technician who is on duty or a staff member at a health care
institution that is classified by the department of health services pursuant to
section 36-405 as a general hospital or a rural general hospital, the
safe haven provider shall do the following:
1. Immediately transport the newborn infant to a
hospital for a physical examination.
2. Contact private adoption agencies
and inform the agencies that a newborn infant has been left with the safe haven
provider.
2.
3.
Immediately
contact the department of child safety to inform it that a newborn infant has
been left at a fire station or health care institution
,
and
of the location of the hospital where the safe haven
provider transported the infant
and whether a private adoption
agency will take custody of the infant
.
I. If a private adoption agency
contacted pursuant to subsection H of this section has the ability and desire
to take custody of the newborn infant and place the infant for adoption, the
private adoption agency must take custody of the infant within twenty-four
hours after the hospital completes the physical examination.
J. If
a private
adoption agency contacted pursuant to subsection H of this section does not
have the ability and desire to take custody of the newborn infant and place the
infant for adoption, the department shall contact the next private adoption
agency on a rotating list of agencies maintained by the department until it
contacts an agency that agrees to take custody of the infant. The
adoption agency must take custody of the infant from the hospital within
twenty-four hours after the hospital completes the physical examination.
I.
K.
If
an agency does not take custody of the newborn infant within twenty-four hours
after the hospital completes the physical examination, the hospital shall
contact the department, and the department shall contact the next private
adoption agency on its rotating list until an agency agrees to take custody of
the infant.
J.
L.
If
no agency takes custody of the newborn infant pursuant to this section within
forty-eight hours after the hospital completes the physical examination, the
department shall take custody of the infant.
K.
M.
Notwithstanding
any other law, before a private adoption agency or the department takes custody
of a newborn infant pursuant to this section, a health care provider, as
defined in section 36-3201, may make health care treatment decisions for
the infant.� A health care provider who makes a good faith medical decision
pursuant to this subsection is immune from liability.
L.
N.
The
safe haven provider that takes custody of the newborn infant shall act as the
responsible adult and complete the Arizona health care cost containment system
application process on behalf of the infant. If the child is
determined ineligible for the Arizona health care cost containment system or if
the Arizona health care cost containment system administration 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 must compensate the hospital for the medical examination and treatment
provided to the infant.
M.
O.
An
agency that takes custody of the newborn infant must comply with all state and
federal laws regarding adoption and placement of children.
N.
P.
The
department shall inform an agency when it has rotated to the top of the contact
list and inform it that the department will notify it the next time a newborn
infant is left with a safe haven provider.
O.
Q.
A
private adoption agency may contact the department to be placed on the rotating
list maintained by the department pursuant to this section if it:
1. Is a nonprofit agency.
2. Does not specialize in international adoptions.
3. Has a twenty-four hour emergency contact
number.
P.
R.
The
protocols prescribed in this section apply only to an unharmed newborn infant
who is thirty 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 thirty days or has been harmed, the hospital shall contact the department,
and the department shall take custody of the infant.
Q.
S.
For the purposes of this section:
1. "Church"
has the same meaning prescribed in section 13-3623.01, subsection H,
paragraph 2, subdivision (d), item (iii).
2. "Custody" means legal authority to act
on behalf of a child including the following:
(a) The duty and authority to make decisions that
affect the child, including medical decisions.
(b) The authority to file a petition for termination
of parental rights.
END_STATUTE