House Bill 25-1257 Introduced

A Bill for an Act

• Page 1, Line 101Concerning matters related to the relinquishment of a

• Page 1, Line 102child, and, in connection therewith, allowing the use

• Page 1, Line 103of a newborn safety device, raising the age of the child

• Page 1, Line 104for voluntary relinquishment, and requiring

• Page 1, Line 105counseling prior to reunification of a parent and a

• Page 1, Line 106child.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill authorizes a fire station, hospital, or community clinic emergency center (authorized facility) to install a newborn safety device on its premises for parents who voluntarily relinquish their child who is 60 days old or younger. A newborn safety device must be installed in a conspicuous location at the authorized facility and be equipped with a dual alarm system.

An authorized facility that installs a newborn safety device is responsible for the cost of the installation and maintenance, shall ensure the dual alarm system is functioning, and shall make information available to the relinquishing parent.

Under current law, parents can voluntarily relinquish their child if the child is less than 72 hours old. The bill allows voluntary relinquishment up to 60 days.

The bill makes conforming amendments.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration.   The general assembly

• Page 2, Line 3finds and declares that in order to provide a safer and more supportive

• Page 2, Line 4process for parents in crisis, Colorado's safe haven law must be expanded

• Page 2, Line 5to allow the voluntary relinquishment of infants up to 60 days old at

• Page 2, Line 6designated facilities that are equipped with newborn safety devices that

• Page 2, Line 7ensure the safety of children, provide parents with essential resources, and protect those involved in the relinquishment process.

• Page 2, Line 8SECTION 2.  In Colorado Revised Statutes, amend 19-3-304.5 as follows:

• Page 2, Line 919-3-304.5.  Emergency possession of certain relinquished

• Page 2, Line 10children - definitions. (1)  If a parent voluntarily delivers relinquishes

• Page 2, Line 11a child to a firefighter, as defined in section 18-3-201 (1.5), or a staff

• Page 2, Line 12member who engages in the admission, care, or treatment of patients at

• Page 2, Line 13a hospital or community clinic emergency center, as defined in subsection

• Page 2, Line 14(9) of this section, when the firefighter is at a fire station or the staff

• Page 2, Line 15member is at a hospital or community clinic emergency center as defined

• Page 2, Line 16in subsection (9) of this section, the firefighter or staff member of the

• Page 3, Line 1hospital or community clinic emergency center an authorized person

• Page 3, Line 2at an authorized facility, or if a parent voluntarily

• Page 3, Line 3relinquishes a child to a newborn safety device located at an

• Page 3, Line 4authorized facility pursuant to subsection (1.5) of this section,

• Page 3, Line 5the authorized person shall, without a court order, take temporary physical custody of the child if:

• Page 3, Line 6(a)  The child is seventy-two hours sixty days old or younger; and

• Page 3, Line 7(b)  The parent did not express an intent to return for the child.

• Page 3, Line 8(1.5) (a)  An authorized facility may install a newborn

• Page 3, Line 9safety device on the premises of the authorized facility. A newborn safety device must be:

• Page 3, Line 10(I)  Installed in a conspicuous location at the authorized

• Page 3, Line 11facility within a structural wall that has an exterior door

• Page 3, Line 12that automatically locks upon placement of the newborn inside

• Page 3, Line 13the newborn safety device and that has an interior door that

• Page 3, Line 14allows an authorized person to secure the relinquished newborn from inside the building; and

• Page 3, Line 15(II)  Equipped with a dual alarm system.

• Page 3, Line 16(b)  An authorized facility that installs a newborn safety device pursuant to this section:

• Page 3, Line 17(I)  Is responsible for the cost of the installation and maintenance of the newborn safety device;

• Page 3, Line 18(II)  Shall ensure the dual alarm system is in working

• Page 3, Line 19order by testing the dual alarm system at least one time each

• Page 3, Line 20week and visually inspecting the dual alarm system at least

• Page 3, Line 21two times each day; and

• Page 4, Line 1(III)  Shall make information available to the

• Page 4, Line 2relinquishing parent at the site of the newborn safety device that includes:

• Page 4, Line 3(A)  Easily understood information about reunification and required genetic testing pursuant to section 13-25-126;

• Page 4, Line 4(B)  Information about available counseling resources;

• Page 4, Line 5(C)  Information about available medical services for the parent relinquishing the newborn; and

• Page 4, Line 6(D)  Any other information that the newborn safety

• Page 4, Line 7device manufacturer or the authorized facility determines may be helpful.

• Page 4, Line 8(2)  If a firefighter or staff member of a hospital or community

• Page 4, Line 9clinic emergency center an authorized person takes temporary physical

• Page 4, Line 10custody of a child pursuant to subsection (1) of this section, the firefighter or staff member authorized person shall:

• Page 4, Line 11(a)  If the authorized person is a health-care professional,

• Page 4, Line 12conduct a brief health screening of the child and create a

• Page 4, Line 13report that includes information about the immediate medical

• Page 4, Line 14care provided to the child and any long-term health services that the child may need;

• Page 4, Line 15(a)  (b)  Perform any act necessary, in accordance with generally

• Page 4, Line 16accepted standards of professional practice, to protect, preserve, or aid the

• Page 4, Line 17physical health or safety of the child during the temporary physical custody; and

• Page 4, Line 18(b)  (c)  Notify a law enforcement officer and the county

• Page 4, Line 19department of the abandonment relinquishment within twenty-four

• Page 4, Line 20four hours after the abandonment relinquishment.

• Page 5, Line 1(3)  A firefighter or staff member of a hospital or community clinic

• Page 5, Line 2emergency center shall incur no An authorized person is indemnified

• Page 5, Line 3against civil or criminal liability for any good faith acts or omissions

• Page 5, Line 4performed pursuant to this section, including, but not limited to,

• Page 5, Line 5taking a child into temporary physical custody, ensuring the

• Page 5, Line 6safety of the child, and facilitating the child's access to appropriate care and services.

• Page 5, Line 7(4)  Upon receipt of notice pursuant to subsection (2) of this

• Page 5, Line 8section, a law enforcement officer shall take the abandoned relinquished child into temporary custody pursuant to section 19-3-401.

• Page 5, Line 9(4.5)  Any document prepared by a firefighter, a hospital or

• Page 5, Line 10community clinic emergency center staff member, an authorized

• Page 5, Line 11person or a law enforcement officer pursuant to this section is a

• Page 5, Line 12dependency and neglect record and is subject to the confidentiality provisions of section 19-1-307.

• Page 5, Line 13(5)  Each county department of human or social services shall

• Page 5, Line 14maintain and update on a monthly basis a report of the number of children

• Page 5, Line 15who have been abandoned relinquished pursuant to this section. Each

• Page 5, Line 16county department of human or social services shall submit such the information to the state department. of human services.

• Page 5, Line 17(6)  Notwithstanding section 24-1-136 (11)(a)(I), the state

• Page 5, Line 18department of human services shall submit an annual report to the general

• Page 5, Line 19assembly not later than March 1 that compiles the monthly reports,

• Page 5, Line 20required pursuant to subsection (5) of this section, of the number of children abandoned relinquished pursuant to this section.

• Page 5, Line 21(7)  The general assembly hereby finds, determines, and declares

• Page 5, Line 22that a county department of human or social services shall place an

• Page 6, Line 1abandoned a relinquished child with a potential adoptive parent or

• Page 6, Line 2foster parent as soon as possible. The general assembly further

• Page 6, Line 3declares that, as soon as lawfully possible, a county department of human

• Page 6, Line 4or social services shall proceed with a motion to terminate the parental rights of a parent who abandons relinquishes a child.

• Page 6, Line 5(8)  A parent who utilizes the provisions of this section shall not,

• Page 6, Line 6for that reason alone, be found to be responsible in a confirmed report of abuse or neglect.

• Page 6, Line 7(9)  As used in this section, unless the context otherwise requires:

• Page 6, Line 8(a)  "Authorized facility" means a fire station, hospital,

• Page 6, Line 9freestanding emergency department, or community clinic emergency center.

• Page 6, Line 10(b)  "Authorized person" means a firefighter, as defined in

• Page 6, Line 11section 18-3-201, or a staff member, volunteer, or contract

• Page 6, Line 12employee who engages in the admission, care, or treatment of

• Page 6, Line 13patients at a hospital, freestanding emergency department, or community clinic emergency center.

• Page 6, Line 14(c)  "Community clinic emergency center" means a community

• Page 6, Line 15clinic licensed by the department of public health and environment pursuant to section 25-3-101 (2)(a)(I)(B) that:

• Page 6, Line 16(a)  (I)  Delivers emergency services; and

• Page 6, Line 17(b)  (II)  Provides emergency care twenty-four hours per day and

• Page 6, Line 18seven days a week throughout the year, except if located in a rural or

• Page 6, Line 19frontier area that does not have the demand to support twenty-four-hour

• Page 6, Line 20service or only operates each year during a specified time period due to

• Page 6, Line 21seasonal population influx.

• Page 7, Line 1(d)  "Freestanding emergency department" means a health

• Page 7, Line 2facility as defined in and required to be licensed pursuant to section 25-1.5-114.

• Page 7, Line 3SECTION 3.  In Colorado Revised Statutes, 19-1-115, amend (7)(b) as follows:

• Page 7, Line 419-1-115.  Legal custody - guardianship - placement out of the

• Page 7, Line 5home - petition for review for need of placement. (7)  Reasonable

• Page 7, Line 6efforts are not required to prevent the child's removal from the home or to reunify the child and the family in the following circumstances:

• Page 7, Line 7(b)  When the parental rights of the parent with respect to a sibling

• Page 7, Line 8of the child have been involuntarily terminated; unless the prior sibling

• Page 7, Line 9termination resulted from a parent delivering relinquishing a child to a

• Page 7, Line 10firefighter or a staff member of a hospital or community clinic emergency

• Page 7, Line 11center, as defined in section 19-3-304.5 (9), an authorized person or

• Page 7, Line 12newborn safety device pursuant to the provisions of section 19-3-304.5; or

• Page 7, Line 13SECTION 4.  In Colorado Revised Statutes, 19-3-401, add (4) as follows:

• Page 7, Line 1419-3-401.  Taking children into custody. (4)  If a newborn

• Page 7, Line 15child is taken into temporary protective custody pursuant to

• Page 7, Line 16section 19-3-304.5, and if the child's identifiable birth parent or

• Page 7, Line 17parents attempts to reunify with the child, the court shall

• Page 7, Line 18order the parent or parents to undergo counseling or parenting classes prior to such reunification.

• Page 7, Line 19SECTION 5.  In Colorado Revised Statutes, 22-1-128, amend (6)(j) as follows:

• Page 7, Line 2022-1-128.  Comprehensive human sexuality education -

• Page 8, Line 1guidelines and content standards - legislative declaration -

• Page 8, Line 2definitions. (6)  Human sexuality instruction is not required. However,

• Page 8, Line 3if a school district, board of cooperative services, charter school, or

• Page 8, Line 4institute charter school offers human sexuality instruction, the instruction

• Page 8, Line 5must be comprehensive and meet the comprehensive human sexuality education content requirements. These requirements must:

• Page 8, Line 6(j)  Provide age-appropriate information concerning sections

• Page 8, Line 718-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally

• Page 8, Line 8as "safe haven laws", relating to the safe abandonment relinquishment

• Page 8, Line 9of a child to a firefighter at a fire station or to a staff member at a hospital

• Page 8, Line 10or a community clinic emergency center an authorized person or

• Page 8, Line 11newborn safety device within the first seventy-two hours sixty days of the child's life.

• Page 8, Line 12SECTION 6.  In Colorado Revised Statutes, 22-25-103, amend (3)(n) as follows:

• Page 8, Line 1322-25-103.  Definitions. As used in this article 25, unless the context otherwise requires:

• Page 8, Line 14(3)  "Comprehensive health education" means a planned,

• Page 8, Line 15sequential health program of learning experiences in preschool,

• Page 8, Line 16kindergarten, and grades one through twelve that must include, but is not limited to, the following topics:

• Page 8, Line 17(n)  If not included in other curricula or programs provided to

• Page 8, Line 18students, age-appropriate information concerning sections 18-6-401 (9)

• Page 8, Line 19and 19-3-304.5, or any successor laws, referred to generally as "safe

• Page 8, Line 20haven laws", relating to the safe abandonment relinquishment of a

• Page 8, Line 21child to a firefighter at a fire station, or to a staff member at a hospital or

• Page 8, Line 22a community clinic emergency center an authorized person or

• Page 9, Line 1newborn safety device within the first seventy-two hours sixty days of the child's life.

• Page 9, Line 2SECTION 7.  In Colorado Revised Statutes, 18-6-401, amend (9)(a); and repeal (9)(b) as follows:

• Page 9, Line 318-6-401.  Child abuse - definition. (9) (a)  If a parent is charged

• Page 9, Line 4with permitting a child to be unreasonably placed in a situation that poses

• Page 9, Line 5a threat of injury to the child's life or health, pursuant to subsection (1)(a)

• Page 9, Line 6of this section, and the child was seventy-two hours sixty days old or

• Page 9, Line 7younger at the time of the alleged offense, it is an affirmative defense to

• Page 9, Line 8the charge that the parent safely, reasonably, and knowingly handed

• Page 9, Line 9relinquished the child over to a firefighter, as defined in section

• Page 9, Line 1018-3-201 (1.5), or to a staff member who engages in the admission, care,

• Page 9, Line 11or treatment of patients at a hospital or community clinic emergency

• Page 9, Line 12center, as defined in subsection (9)(b) of this section, when the firefighter

• Page 9, Line 13is at a fire station, or the staff member is at a hospital or community clinic

• Page 9, Line 14emergency center, as defined in subsection (9)(b) of this section to an

• Page 9, Line 15authorized person at an authorized facility or to a newborn

• Page 9, Line 16safety device located at an authorized facility pursuant to section 19-3-304.5.

• Page 9, Line 17(b)  "Community clinic emergency center" means a community

• Page 9, Line 18clinic licensed by the department of public health and environment pursuant to section 25-3-101 (2)(a)(I)(B) that:

• Page 9, Line 19(I)  Delivers emergency services; and

• Page 9, Line 20(II)  Provides emergency care twenty-four hours per day and seven

• Page 9, Line 21days a week throughout the year, except if located in a rural or frontier

• Page 9, Line 22area that does not have the demand to support twenty-four-hour service

• Page 9, Line 23or only operates each year during a specified time period due to seasonal population influx.

• Page 10, Line 1SECTION 8.  Act subject to petition - effective date. This act

• Page 10, Line 2takes effect at 12:01 a.m. on the day following the expiration of the

• Page 10, Line 3ninety-day period after final adjournment of the general assembly; except

• Page 10, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 10, Line 5of the state constitution against this act or an item, section, or part of this

• Page 10, Line 6act within such period, then the act, item, section, or part will not take

• Page 10, Line 7effect unless approved by the people at the general election to be held in

• Page 10, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.