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SB1253 - 572R - S Ver
Senate Engrossed
safe haven providers;
hospital deliveries
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1253
AN
ACT
amending sections 8-528 and 13-3623.01,
arizona revised statutes; relating to Safe haven providers.
(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.
D. 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. If the agency contacted pursuant to subsection D
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. 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. 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. 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.
H. A parent or an agent of the parent
may surrender a newborn infant to 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 immediately after the birth of the
newborn infant in that hospital.� The parent is not required to be discharged
from or leave the hospital after the birth of the newborn infant and
subsequently return to the hospital before leaving the newborn infant with the
safe haven provider.
H.
I.
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.
I.
j.
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.
k.
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.
l.
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.
m.
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.
n.
An
agency that takes custody of the newborn infant must comply with all state and
federal laws regarding adoption and placement of children.
N.
o.
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.
P.
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.
q.
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.
r.
For
the purposes of this section:
1. "Church" has the same meaning
prescribed in section 13-3623.01, subsection
H
I
, 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
Sec. 2. Section 13-3623.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3623.01.
Safe haven for newborn infants; definitions
A. A person is not guilty of abuse of a child
pursuant to section 13-3623, subsection B solely for leaving an unharmed
newborn infant with a safe haven provider.
B. A fire station and 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 shall post a notice that it
accepts a newborn infant pursuant to this section.� The notice shall be placed
on the exterior of the building in a location that is noticeable to the
public.� The words "baby safe haven" shall be printed in bold-faced
capital letters that are not less than two inches in height. The
notice may include an identifying logo.� A fire station or hospital that does
not post a notice as prescribed by this subsection is not subject to civil
liability.� A notice that is valid before September 30, 2009 remains valid
after September 30, 2009.
C. If a parent or agent of a parent voluntarily
delivers the parent's newborn infant to a safe haven provider, the safe haven
provider shall take custody of the newborn infant if both of the following are
true:
1. The parent did not express an intent to return
for the newborn infant.
2. The safe haven provider reasonably believes that
the child is a newborn infant.
D. If a parent gives birth 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 and notifies a medical staff member at the hospital that the parent is
voluntarily surrendering the newborn infant and that the parent does not intend
to return, the hospital shall take custody of the newborn infant.� The parent
is not required to be discharged from or leave the hospital after the birth of
the newborn infant and subsequently return to the hospital before leaving the
newborn infant with the safe haven provider.
D.
E.
The
safe haven provider shall comply with the requirements of section 8-528
and report the receipt of a newborn infant to the department of child safety as
soon as practicable after taking custody of the newborn infant.� The department
shall report the number of newborn infants delivered to
or
surrendered at
safe haven providers pursuant to section 8-526.
E.
f.
A
parent or agent of a parent who leaves a newborn infant with a safe haven
provider
Pursuant to subsection C or D of this section
may
remain anonymous, and the safe haven provider shall not require the parent or
agent to answer any questions.� A safe haven provider shall offer written
information about information and referral organizations.
F.
g.
A
safe haven provider who receives a newborn infant pursuant to this section is
not liable for any civil or other damages for any act or omission by the safe
haven provider in maintaining custody of the newborn infant if the safe haven
provider acts in good faith without gross negligence.
G.
h.
This
section does not preclude the prosecution of the person for any offense based
on any act not covered by this section.
H.
i.
For
the purposes of this section:
1. "Newborn infant" means an infant who is
thirty days old or younger.
2. "Safe haven provider" means any of the
following:
(a) A firefighter who is on duty.
(b) An emergency medical technician who is on duty.
(c) 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 parent or agent must deliver the
newborn infant to a medical staff member at the health care institution.
(d) A staff member or volunteer at any of the
following that posts a public notice that it is willing to accept a newborn
infant pursuant to this section:
(i) A private child welfare agency licensed pursuant
to title 8, chapter 4, article 4.
(ii) An adoption agency licensed pursuant to section
8-126.
(iii) A church.� For the purposes of this item,
"church" means a building that is erected or converted for use as a
church, where services are regularly convened, that is used primarily for
religious worship and schooling and that a reasonable person would conclude is
a church by reason of design, signs or architectural or other features.
END_STATUTE