Requires newly constructed police stations, fire stations, and hospitals to provide newborn safety device; allows affirmative defense to prosecution for abandonment if parent leaves child in device.

A4157

ASSEMBLY, No. 4157

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Requires newly constructed police stations, fire
stations, and hospitals to provide newborn safety device; allows affirmative
defense to prosecution for abandonment if parent leaves child in device.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning newborn safety devices, amending
P.L.2000, c.58, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)��� a.�� A
newly constructed building shall provide a newborn safety device if the
building is intended to serve as:

���� (1)�� a State, county, or
municipal police station;

���� (2)�� a fire station of a
municipal, county, fire district, or volunteer fire department; or

���� (3)�� a licensed general
hospital, or an emergency department thereof.�

���� b.��� As used in this section,
�newborn safety device� means a secure compartment, with a functioning alarm,
intended for the safe placement of a newborn child, installed and activated in
accordance with the rules and regulations adopted pursuant to subsection b. of
section 9 of P.L.2000, c.58 (C.30:4C-15.10).

���� 2.��� Section 4 of P.L.2000,
c.58 (C.30:4C-15.7) is amended to read as follows:

���� 4.��� a.� If a person
voluntarily delivers a child who is or appears to be no more than 30 days old
to, and leaves the child
in a newborn safety device,
or

with an adult employee at:

���� (1) a State, county, or
municipal police station and does not express an intent to return for the
child, a State, county, or municipal police officer shall take the child to the
emergency department of a licensed general hospital in this State and the hospital
shall proceed as specified in subsection b. of this section;

���� (2) a fire station of a
municipal, county, fire district, or volunteer fire department
[
that is
staffed 24 hours a day, seven days a week
]
,
and does not express an intent to return for the child, a fire fighter shall
take the child to the emergency department of a licensed general hospital in
this State, and the hospital shall proceed as specified in subsection b. of
this section; or

���� (3) a public or private
ambulance, first aid, or rescue squad
[
that
is staffed 24 hours a day, seven days a week
]
,
and does not express an intent to return for the child, an emergency medical
technician, or another squad member if an emergency medical technician is not
available, shall take the child to the emergency department of a licensed
general hospital in this State, and the hospital shall proceed as specified in
subsection b. of this section.

���� b.��� If a person gives birth
to a child at a licensed general hospital in this State and leaves the child at
the hospital under circumstances that establish an intent not to return for the
child, or if a person voluntarily delivers a child who is or appears to be no
more than 30 days old to, and leaves the child at an emergency department of a
licensed general hospital in this State and does not express an intent to
return for the child, or, if a State, county, or municipal police officer, a
fire fighter, or a member of a public or private ambulance, first aid, or
rescue squad brings a child to a licensed general hospital under the
circumstances set forth in subsection a. of this section, the hospital shall:

���� (1) take possession of the
child without a court order;

���� (2) take any action or provide
any treatment necessary to protect the child's physical health and safety; and

���� (3) no later than the first
business day after taking possession of the child, notify the Division of Child
Protection and Permanency in the Department of Children and Families that the
hospital has taken possession of the child.

���� c.���� The Division of Child
Protection and Permanency shall assume the care, custody, and control of the
child immediately upon receipt of notice from a licensed general hospital
pursuant to paragraph (3) of subsection b. of this section.� The division shall
commence a thorough search of all listings of missing children to ensure that
the relinquished child has not been reported missing.

���� d.��� A child for whom the
Division of Child Protection and Permanency assumes care, custody, and control
pursuant to subsection c. of this section shall be treated as a child taken
into possession without a court order.

���� e.���� It shall be an
affirmative defense to prosecution for abandonment of a child that the parent
voluntarily delivered the child to and left the child
in a newborn safety
device, or
with an adult employee, or voluntarily arranged for another
person to deliver the child to and leave the child
in a newborn safety
device, or
with an adult employee, at a State, county, or municipal police
station, a fire department, or an ambulance, first aid, or rescue squad as
provided in subsection a. of this section; or gave birth to a child at a
licensed general hospital in this State and left the child at the hospital or
voluntarily delivered the child to and left the child at the emergency
department of a licensed general hospital in this State as provided in
subsection b. of this section.� Nothing in this subsection shall be construed
to create a defense to any prosecution arising from any conduct other than the
act of delivering the child as described herein, and this subsection
specifically shall not constitute a defense to any prosecution arising from an
act of abuse or neglect committed prior to the delivery of the child to
a
newborn safety device,
a State, county, or municipal police station, a fire
department, or an ambulance, first aid, or rescue squad as provided in
subsection a. of this section or the emergency department of a licensed general
hospital in this State as provided in subsection b. of this section.

���� f. (1) A State, county, or
municipal police officer and the governmental jurisdiction employing that
officer
[
:
]
;

���� (2) a fire fighter and the
fire department, and governmental jurisdiction as applicable, employing or
utilizing the services of that person;

���� (3) a member of an ambulance,
first aid, or rescue squad and the squad, and governmental jurisdiction as
applicable, employing, or utilizing the services of that person; or

���� (4) an employee of a licensed
general hospital in this State and the hospital employing that person, shall
incur no civil or criminal liability for any good faith acts or omissions
performed pursuant to this section.

���� g.��� Any person who
voluntarily delivers a child who is or appears to be no more than 30 days old
to
a newborn safety device,
a licensed general hospital, a police
station, fire department, or ambulance, first aid, or rescue squad in
accordance with this section shall not be required to disclose that person's
name or other identifying information or that of the child or the child's
parent, if different from the person who delivers the child to the
newborn
safety device,
hospital, police station, fire department, or ambulance,
first aid, or rescue squad, or provide background or medical information about
the child, but may voluntarily do so.

����
h.��� As used in this
section, �newborn safety device� means a secure compartment, with a functioning
alarm, intended for the safe placement of a newborn child, and installed and
activated at a fire station, police station, hospital, or other appropriate
facility as determined by the Commissioner of Community Affairs, in accordance
with the rules and regulations adopted pursuant to subsection b. of section 9
of P.L.2000, c.58 (C.30:4C-15.10).�

(cf: P.L.2023, c.153, s.1)

���� 3.��� Section 9 of P.L.2000,
c.58 (C.30:4C-15.10), is amended to read as follows:

���� 9.���
a.
����� The
Commissioner of Children and Families, in consultation with the Commissioner of
Health
[
and
Senior Services
]

and pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the
purposes of
[
this
act
]

P.L.2000,
c.58 (C.30:4C-15.5 et al.)
.

����
b.��� On or before the
first day of the third month next following enactment, the Commissioner of
Community Affairs, in consultation with the Commissioner of Children and
Families and the Commissioner of Health, and pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
shall adopt rules and regulations to guide the installation, maintenance, and
proper activation, of newborn safety devices installed in accordance with
section 1 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).� The commissioner�s rules and regulations shall designate the
buildings, if any, in addition to police stations, fire stations, and
hospitals, in which the placement of a newborn safety device is appropriate,
and the designation shall thereby entitle the parent to an affirmative defense
to prosecution for abandonment of a child, pursuant to subsection e. of section
4 of P.L.2000, c.58 (C.30:4C-15.7), if a newborn is placed in a newborn safety
device.� The commissioner�s rules and regulations shall also designate the
range of features that shall be included in the device to ensure compliance
with P.L.��� , c.��� (C. �������) (pending before the Legislature as this
bill).�

(cf: P.L.2006, c.47, s.126)

���� 4.��� This act shall take
effect on the first day of the fourth month next following enactment, and shall
apply to a construction permit not yet declared complete by the enforcing
agency prior to that date.

STATEMENT

���� This bill requires newly
constructed police stations, fire stations, and hospitals to contain a newborn
safety device and allows an affirmative defense to prosecution for abandonment
of a child if a parent leaves a child in this device.�

���� As used in the bill, �newborn
safety device� refers to a secure compartment, with a functioning alarm,
intended for the safe placement of a newborn child, and installed and
maintained at a fire station, police station, hospital, or other appropriate
facility, in accordance with the rules and regulations adopted by the Commissioner
of Community Affairs.

���� Specifically, the bill
requires a newly constructed building to provide a newborn safety device if the
building is intended to serve as: (1) a State, county, or municipal police
station; (2) a fire station of a municipal, county, fire district, or volunteer
fire department; or (3) a licensed general hospital, or an emergency department
thereof.�

���� Further, under current law, it
is an affirmative defense to prosecution for the abandonment of a child if the
parent leaves a newborn with an adult employee of a police station, fire
station, or hospital.� This bill would offer a parent the equivalent affirmative
defense if the parent leaves the child in a newborn safety device at a police
station, fire station, hospital, or other appropriate facility.� Current law
provides for the Division of Child Protection and Permanency to assume
responsibility for the care, custody, and control of a baby abandoned by a
parent.� The bill removes a requirement that the facility be staffed 24 hours a
day, seven days a week in order to qualify for the affirmative defense, so long
as the infant is left either with an adult employee, or in a newborn safety
device.�

���� Finally, the bill directs the
Commissioner of Community Affairs to promulgate rules and regulations to
effectuate the provisions of this bill.� These rules and regulations would
include designation of what buildings, if any, in addition to police stations,
fire stations, and hospitals, are appropriate for the placement of a newborn
safety device, thereby entitling the parent to an affirmative defense to
prosecution for abandonment of a child, if a newborn is placed in a newborn
safety device. The rules and regulations would also designate what range of
features are necessary to include in the device to ensure compliance with the
bill.�