Newborn Safety Devices.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 91

Short Title: Newborn Safety Devices. (Public)
Sponsors: Senators Hanig, Ford, and Alexander (Primary Sponsors).
Referred to: Rules and Operations of the Senate
February 13, 2025
*S91-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW NEWB ORN SAFETY DEVICE IN STALLATION IN QUALIF IED 2
ESTABLISHMENTS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 7B-521 reads as rewritten: 5
"§ 7B-521. Persons to whom infant may be surrendered. 6
The following individuals shall, without a court order, take into temporary custody an infant 7
reasonably believed to be not more than 30 days of age that is (i) placed in a newborn safety 8
device in compliance with G.S. 7B-521A or (ii) voluntarily delivered to the individual by the 9
infant's parent who does not express an intent to return for the infant: 10
(1) A health care provider, as defined under G.S. 90-21.11, who is on duty or at a 11
hospital or at a local or district health department or at a nonprofit community 12
health center. 13
(2) A first responder who is on duty, including a law enforcement officer, a 14
certified emergency medical services worker, or a firefighter. 15
(3) A social services worker who is on duty or at a local department of social 16
services." 17
SECTION 1.(b) Article 5A of Subchapter I of Chapter 7B of the General Statutes is 18
amended by adding a new section to read: 19
"§ 7B-521A. Newborn safety device. 20
(a) A qualified establishment may install a newborn safety device that complies with this 21
Article. Each newborn safety device shall have a temperature-controlled interior, shall be 22
properly ventilated to ensure the safety of infants, and shall be physically attached to the exterior 23
of the qualified establishment in an area that is conspicuous and visible to employees. A qualified 24
establishment shall comply with all of the following criteria: 25
(1) Cover the cost of the installation through departmental funding or from private 26
donations. 27
(2) Install an adequate dual alarm system connected to the physical location of 28
the newborn safety device. 29
(3) Test the dual alarm system weekly to ensure working order. 30
(4) Visually inspect the newborn safety device at least two times per day. 31
(5) Develop an emergency plan for rendering of emergency medical care to an 32
infant and, if required, the immediate transportation of an infant placed into a 33
newborn safety device to the nearest qualified health care facility equipped to 34
accept potential pediatric medical emergencies. 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 91-First Edition
(b) The Department of Health and Human Services , Division of Social Services , shall 1
annually inspect each newborn safety device installed in accordance with this section. The 2
Department shall also perform an initial inspection prior to the newborn safety device becoming 3
operational. 4
(c) For the purposes of this section, a qualified establishment means a physical building 5
of an emergency department, a law enforcement agency, or a fire department that is staffed 24 6
hours per day by employees." 7
SECTION 1.(c) G.S. 7B-527 reads as rewritten: 8
"§ 7B-527. Rights of surrendering parent. 9
… 10
(c) Immunity. – A parent surrendering an infant pursuant to this Article is immune from 11
any civil liability or criminal prosecution in accordance with G.S. 14-322.3 as long as the 12
surrendering parent was acting in good faith. The immunity established by this section does not 13
extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be 14
actionable. The act of safely surrendering an infant under this Article does not create an 15
affirmative defense to any prosecution arising from any other acts taken by the surrendering 16
parent." 17
SECTION 2. This act becomes effective October 1, 2025. 18