Chapter 597 Oregon Laws 2001
AN ACT
SB 199
Relating to the safe
surrender of newborn children; creating new provisions; amending ORS 163.535;
and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) A parent may leave an infant at an
authorized facility in the physical custody of an agent, employee, doctor or
other medical professional working at the authorized facility if the infant:
(a) Is 30 days of age or
younger as determined to a reasonable degree of medical certainty; and
(b) Has no evidence of
abuse.
(2) A parent leaving an
infant under this section is not required to provide any identifying
information about the infant or the parent.
(3) An employee, agent,
doctor or other medical professional working at an authorized facility shall
receive an infant brought to the authorized facility under this section.
(4) If acting in good
faith in receiving an infant, an authorized facility receiving an infant under
this section and any agent, employee, doctor or other medical professional
working at the authorized facility are immune from any criminal or civil liability
that otherwise might result from their actions relating to receiving the
infant. A city, county or other political subdivision of this state that operates
a sheriff’s office, police station or fire station that receives an infant
under this section is immune from any criminal or civil liability that
otherwise might result from the actions taken by its employees or agents in
receiving the infant.
(5) When an infant has
been left at an authorized facility as provided in this section:
(a) The authorized
facility shall notify the State Office for Services to Children and Families
that an infant has been left at the facility as provided in subsection (1) of
this section no later than 24 hours after receiving the infant.
(b) The infant is deemed
abandoned for purposes of ORS 419B.100, and the state office is deemed to have
protective custody of the infant under ORS 419B.150 from the moment the infant
was left at the facility. The state office shall comply with the applicable
provisions of ORS chapter 419B with regard to the infant.
(6) The authorized
facility shall release the infant to the state office when release is
appropriate considering the infant’s medical condition and shall provide the
state office with all information the facility has regarding the infant.
(7) As used in this
section:
(a) “Abuse” has the
meaning given that term in ORS 419B.005.
(b) “Authorized
facility” means a hospital as described in ORS 442.015, freestanding birthing
center as defined in ORS 442.015, physician’s office, sheriff’s office, police
station or fire station.
(c) “Physician” means a
person licensed by the Board of Medical Examiners for the State of Oregon to
practice medicine and surgery.
SECTION 2.
ORS 163.535 is amended to read:
163.535. (1) A person commits the crime of abandonment of a
child if, being a parent, lawful guardian or other person lawfully charged with
the care or custody of a child under 15 years of age, the person deserts the
child in any place with intent to abandon it.
(2) Abandonment of a child is a Class C felony.
(3) It is an
affirmative defense to a charge of violating subsection (1) of this section
that the child was left in accordance with section 1 of this 2001 Act.
SECTION 3.
(1) The Department of Human Services
shall inform the public about the provisions of section 1 of this 2001 Act and
the affirmative defense created in ORS 163.535.
(2) Notwithstanding any
other provision of law, the Department of Human Services may accept gifts,
grants or contributions from any source, whether public or private, for the
purpose of carrying out subsection (1) of this section. Moneys accepted under this
subsection shall be deposited in the State Treasury to the credit of the
department and are continuously appropriated to the department for the payment
of expenses and costs incurred in carrying out subsection (1) of this section.
Approved by the Governor
June 25, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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