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Committee pulls Safe Haven amendments for further work after questions about notice and fathers’ rights

JUDICIARY COMMITTEE - SENATE · February 27, 2023
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Summary

Lawmakers agreed to remove the Safe Haven amendments from consideration to allow more time to resolve questions about notice to putative fathers and the 30‑day window for terminating parental rights.

Sen. Kim Hammer and DHS staff presented an engrossed amendment to the Safe Haven Act intended to broaden the definition of 'medical provider,' provide civil and criminal immunity for a safe surrender, and clarify when parental rights no longer attach to a safely surrendered infant. DHS attorney Sarah Ross described procedures the bill would add for publishing a notice and preserving due process for parents when the identity of the surrendering parent is unknown.

Several senators, notably Sen. Flowers, questioned how anonymous safe surrenders would interact with birth records and whether the draft bill would adequately protect putative fathers’ rights, particularly when a child is born unexpectedly or in a different county. DHS staff said the bill creates a specific notice procedure (publication of a warning order with specified information) and that it expands, rather than lessens, the notice available under current law.

After discussion, the bill author agreed to 'pull down' the bill to consult further with stakeholders — including national safe-haven organizations and child welfare partners — and to consider adjusting timelines and notice procedures (for example, exploring whether the 30-day period for terminating parental rights should be lengthened). The bill was therefore removed from further consideration at this meeting so sponsors can refine the language and address concerns raised by committee members.