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Bill No. 35-0173 - An Act amending title 5 Virgin Islands Code, chapter 201, by adding a subchapter V enacting the Safe Haven Newborn Protection Act to provide a mechanism

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Bill 35-0173

COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES 12/7/2023-AMENDED AND REPORTED OUT TO THE FLOOR 12/6/2023-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 35-0173 Thirty-Fifth Legislature of the Virgin Islands October 18, 2023 An Act amending title 5 Virgin Islands Code, chapter 201, by adding a subchapter V enacting the Safe Haven Newborn Protection Act to provide a mechanism for a newborn infant to be relinquished to a safe environment, for the parents of the newborn infant to remain anonymous if they choose and avoid civil or criminal liability for the act of relinquishing the newborn infant PROPOSED BY: Senator Angel L. Bolques, Jr. and Marvin A. Blyden Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. This act may be cited as the Safe Haven Newborn Protection Act. 2 SECTION 2. Title 5 Virgin Islands Code, chapter 201, is amended by adding a 3 subchapter V that reads as follows: 4 “Subchapter V. Safe Haven Newborn Protection Act 5 § 2560. …

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COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES 12/7/2023-AMENDED AND REPORTED OUT TO THE FLOOR 12/6/2023-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 35-0173 Thirty-Fifth Legislature of the Virgin Islands October 18, 2023 An Act amending title 5 Virgin Islands Code, chapter 201, by adding a subchapter V enacting the Safe Haven Newborn Protection Act to provide a mechanism for a newborn infant to be relinquished to a safe environment, for the parents of the newborn infant to remain anonymous if they choose and avoid civil or criminal liability for the act of relinquishing the newborn infant PROPOSED BY: Senator Angel L. Bolques, Jr. and Marvin A. Blyden Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. This act may be cited as the Safe Haven Newborn Protection Act. 2 SECTION 2. Title 5 Virgin Islands Code, chapter 201, is amended by adding a 3 subchapter V that reads as follows: 4 “Subchapter V. Safe Haven Newborn Protection Act 5 § 2560. Purpose: public policy 6 (a) The Virgin Islands recognizes that abandonment can cause injury and death to 7 newborn infants, giving rise to potential civil or criminal liability to parents recognize that they 8 are unable to safely parent. This Act is intended to provide a mechanism for a newborn infant 9 to be relinquished, utilizing Virgin Islands Safe Haven Law, to a safe environment and for the 10 2 parents of the unharmed newborn infant to remain anonymous if they choose and to avoid civil 1 or criminal liability for the act of relinquishing the newborn infant. Relinquishing a newborn 2 infant using the procedures in this subchapter can reduce the chance of injury to a newborn 3 infant and provide a safer alternative. 4 (b) The Department of Human Services shall implement a public information campaign 5 on Virgin Islands Safe Haven Law to encourage parents to safely relinquish a newborn infant 6 under the procedures in this subchapter, or to choose a traditional adoption plan, instead of 7 abandoning a newborn infant if a traditional adoption plan is not practicable. This campaign 8 must also include guidance, support, and resources to assist individuals who are considering 9 relinquishing a newborn infant to be able to gain the ability to parent a newborn infant 10 themselves without placing the newborn infant in harm’s way. 11 § 2561. Definitions 12 (a) As used in this subchapter, unless it is otherwise provided or the context requires a 13 different construction, application, or meaning: 14 (1) “Abuse” means any physical or mental injury inflicted on a child, other than 15 by accidental means, by those responsible for the care and maintenance of the child, 16 which injury causes or creates a substantial risk of death, serious or protracted 17 disfigurement, protracted impairment of physical or emotional health or loss or protracted 18 impairment of the function of any bodily organ. “Abuse” includes the sexual abuse of a 19 child, as defined by law, or the sexual exploitation, including the prostituting of a child 20 and the photographing or other depiction of a child for pornographic purposes, or a 21 persistent course of sexual conduct that causes a child's health or welfare to be harmed or 22 threatened. 23 (2) "Department" means the Virgin Islands Department of Human Services. 24 3 (3) "Emergency medical facility" means a freestanding emergency/urgent care 1 center or trauma center that is staffed and available 24 hours a day/7 days per week. 2 (4) “Emergency medical professional” includes licensed physicians, and any 3 emergency medical technicians, emergency medical technician-intermediate, advanced 4 emergency medical technicians, paramedics, trauma nurse specialists, nurse practitioners, 5 nurses (RN and LPN), and physician assistants or any medical professional engaged in 6 providing emergency medical services. 7 (5) “Father” means, for purpose of this chapter only, a male parent of a child 8 when: 9 (A) he is married to a mother of the child when the child was conceived or 10 when the child was born, unless a court of competent jurisdiction has, through court 11 order, ruled to the contrary; or 12 (B) it has been so determined by a court of competent jurisdiction; or 13 (C) he has been given an order of adoption of the child by a court of 14 competent jurisdiction; or 15 (D) Paternity has otherwise been established pursuant to Title 16, chapter 16 11 of this Code; or 17 (E) he otherwise makes a formal or unequivocal acknowledgment; 18 (F) but does not mean a man whose parental rights have been terminated 19 by a court of competent jurisdiction. 20 (6) “Fire station" means an office or headquarters located within the Virgin 21 Islands Territory that provides fire and emergency medical services to the territory. 22 (7) “Hospital” means a place devoted primarily to the maintenance and operation 23 of facilities for the diagnosis, treatment or care of inpatients by or under the supervision 24 of a physician. 25 4 (8) “Mother” means a female parent of a child when she is the biological parent 1 of the child; or has been given an order of adoption of the child by a court of competent 2 jurisdiction, or she was the intended parent in the case of a child born by surrogacy; but 3 does not mean a woman whose parental rights have been terminated by a court of 4 competent jurisdiction. 5 (9) “Neglect” means the abandonment of a child by his or her parent, guardian, 6 or legal custodian or the failure to provide adequate food, clothing, shelter, education as 7 required by law, or medical care though financially able to do so, proper parental 8 supervision, care and control, or other action as necessary for a child’s physical, mental, 9 moral, or emotional health. 10 (10) "Newborn Infant" means a child who a licensed physician reasonably believes 11 is 60 days old or less at the time the child is initially relinquished to a hospital, police 12 station, fire station, or emergency medical facility, who is not an abused or neglected 13 child. 14 (11) “Non-Relinquishing Parent” means the parent of a relinquished newborn 15 infant who did not bring the infant or cause the newborn infant to be brought to the Safe 16 Haven Provider. 17 (12) “Parent” means the father or mother of a child and includes any adoptive 18 parent. It does not include a person whose parental rights with respect to the child have 19 been terminated by a court of competent jurisdiction. 20 (13) "Police station" means an office or headquarters of the Virgin Islands Police 21 Department located within the Virgin Islands Territory. 22 (14) “Putative Father” means a man whose legal relationship to a child has not 23 been established but claims to be the father or who is alleged to be the father of a child 24 who is born to a woman to whom he is not married at the time of the child’s birth. 25 5 (15) "Relinquish" means to bring, or direct another party to bring, a newborn 1 infant, as defined in this subchapter, to a staff member of a Safe Haven Provider and to 2 leave the newborn infant with personnel of the facility. This includes calling 9-1-1 and 3 contacting emergency medical services to respond to the location of the parent requesting 4 to relinquish the newborn infant and relinquishing the newborn infant to emergency 5 medical personnel. The newborn infant is relinquished in accordance with this subchapter 6 if the person giving the newborn infant to the Safe Haven Provider does not express an 7 intent to return for the newborn infant or states that he or she will not return for the 8 newborn infant. In the case of a mother who gives birth to a newborn infant in a hospital, 9 the mother's act of leaving that newborn infant at the hospital (i) without expressing an 10 intent to return for the newborn infant or (ii) stating that she will not return for the 11 newborn infant is a "relinquishment" under this Act. 12 (16) “Relinquishing Parent” means the parent who brings, or otherwise causes the 13 newborn infant to be brought, to the Safe Haven Provider or calls 9-1-1 and relinquishes 14 the infant. 15 (17) “Safe Haven Law” has the same meaning as Baby Moses law, Daniels Law, 16 Safe Surrender Law and is a statute that decriminalizes the relinquishment of unharmed 17 newborn infants with statutorily designated entities so that the child becomes a ward of 18 the state. 19 (18) “Safe Haven Provider” means a hospital, fire station, emergency medical 20 facility, or police station. 21 (19) "Temporary physical custody" means the temporary placement of a newborn 22 infant with a Safe Haven Provider, hospital, or other medical facility out of the custody 23 of the newborn infant's parent. 24 6 (b) The terms “infant”, and “newborn” are used interchangeably throughout this 1 chapter and carry the same definition as “newborn infant”, indicated above. 2 § 2562. Presumptions 3 (a) There is a presumption that a person relinquishing a newborn infant, or otherwise 4 causing the newborn infant to be relinquished, in accordance with this subchapter, is the 5 newborn infant's biological parent and either without expressing an intent to return for the 6 newborn infant or expressing an intent not to return for the newborn infant, did intend to 7 relinquish the newborn infant to a Safe Haven Provider, to treat, care for, and provide for the 8 newborn infant in accordance with this subchapter. 9 (b) There is a presumption that by relinquishing a newborn infant in accordance with 10 this subchapter, the newborn infant's relinquishing parent consents to the termination of his or 11 her parental rights with respect to the newborn infant. 12 (c) Both the relinquishing and non-relinquishing parent of a relinquished newborn 13 infant may rebut the presumption set forth in subsection (a) or (b) at any time before the 14 termination of the parent's parental rights. 15 § 2563. Safe Haven Provider requirements 16 (a) Every fire station/EMS, and emergency medical facility shall accept and provide 17 all necessary emergency services and care to a relinquished newborn infant or shall obtain 18 emergency medical services by calling for EMS in accordance with this subchapter. After the 19 relinquishment of a newborn infant to a fire station/EMS, the fire station shall arrange for the 20 transportation of the newborn infant to the nearest hospital as soon as transportation can be 21 arranged. 22 (b) Every police station shall accept a relinquished newborn infant, in accordance with 23 this subchapter. After the relinquishment of a newborn infant to a police station, the police 24 7 station shall arrange for the transportation of the newborn infant to the nearest hospital as soon 1 as transportation can be arranged. 2 (c) Every hospital shall accept and provide all necessary emergency services and care 3 to a relinquished newborn infant, in accordance with this subchapter. The hospital shall 4 examine a relinquished newborn infant and perform tests that, based on reasonable medical 5 judgment, are appropriate for evaluating whether the relinquished newborn infant was abused 6 or neglected. 7 (1) The act of relinquishing a newborn infant serves as implied consent for the 8 hospital and its medical personnel and physicians on staff to treat and provide care for 9 the newborn infant. 10 (2) For any day that a hospital has custody of a newborn infant relinquished in 11 accordance with this subchapter, the Department shall pay the hospital the current 12 Medicaid general acute care daily inpatient rate. 13 (3) The hospital is deemed to have temporary physical custody of a relinquished 14 newborn infant until the newborn is discharged to the custody of the Virgin Islands 15 Department of Human Services. 16 (d) If either the relinquishing or non-relinquishing parent of a newborn infant returns 17 to reclaim the child after relinquishing the infant to a Safe Haven Provider, staff shall inform 18 the parent to contact the Virgin Islands Department of Human Services. A Safe Haven Provider 19 may not in any circumstance give the infant back to the relinquishing or non-relinquishing 20 parent. 21 § 2564. Signs 22 Every Safe Haven Provider that is required to accept a relinquished newborn infant under 23 this chapter must post a sign in a conspicuous place on the exterior of the building, informing 24 persons that a newborn infant may be relinquished at the facility in accordance with this 25 8 subchapter. The Department shall prescribe specifications for the signs and for their placement 1 that will ensure territory-wide uniformity. 2 § 2565. Procedures for temporary physical custody of relinquished newborn infants 3 (a) The Safe Haven Provider shall take temporary physical custody of a child, without a 4 court order, if the child is personally delivered to a Safe Haven Provider, if: 5 (1) the child is no more than 60 days of age; and 6 (2) the parent delivers, or causes the infant to be delivered to the safe haven 7 provider; and 8 (3) the parent does not express an intent to return for the child; and 9 (4) there is no evidence of injury or abuse of the newborn infant. 10 (b) If a Safe Haven Provider takes temporary physical custody of a child pursuant to 11 subsection (a) of this section, the Safe Haven Provider: 12 (1) shall perform any act necessary, in accordance with generally accepted 13 standards of professional practice, to protect, preserve, or aid the physical health and 14 safety of the child during the temporary physical custody including, but not limited to, 15 delivering the child to a hospital for care or treatment; and 16 (2) may not inquire as to the identity of the parent. If the identity of a parent is 17 known to the Safe Haven Provider, the Safe Haven Provider shall keep all information 18 confidential, in accordance with the Health Insurance Portability and Accountability Act 19 (HIPAA), and the confidentiality requirements under title 19 of the Virgin Islands Code. 20 The parent leaving the newborn infant shall not be required to provide any information 21 to the Safe Haven Provider, but may voluntarily provide information including, but not 22 limited to, medical history of the parents or the newborn infant. 23 (c) A Safe Haven Provider with responsibility for performing duties under this 24 section, and any employee, doctor, or other personnel working with the Safe Haven Provider, 25 9 are immune from any civil or criminal liability that otherwise might result from their actions, 1 if they are acting in good faith and within their professional scope in receiving a child and 2 performing duties under this section. 3 (d) A parent may leave a newborn infant with a Safe Haven Provider in this territory 4 without being subjected to prosecution for abandonment or neglect pursuant to the provisions 5 of title 14, Virgin Islands Code, section 504, if the newborn infant is no more than 60 days of 6 age when the newborn infant is left with the Safe Haven Provider, as determined within a 7 reasonable degree of medical certainty, and there is no evidence of injury or abuse of the 8 newborn infant. 9 § 2566. Immunity for relinquishing parent 10 (a) The act of relinquishing a newborn infant to staff at a Safe Haven Provider, in 11 accordance with this Act does not, by itself, constitute a basis for a finding of abuse, neglect, 12 or abandonment of the newborn pursuant to the laws of this Territory. 13 (b) If there is suspected child abuse or neglect that is not based solely on the newborn 14 infant's relinquishment at a Safe Haven Provider, staff who are mandated reporters shall report 15 the abuse or neglect. 16 (c) Neither a child protective investigation nor a criminal investigation may be initiated 17 solely because a newborn infant is relinquished pursuant to this subchapter. 18 (d) A Safe Haven Provider, and any personnel of a Safe Haven Provider, are immune 19 from criminal or civil liability for acting in good faith in accordance with this subchapter. 20 Nothing in this subchapter limits liability for negligence for care and medical treatment. 21 § 2567. Anonymity 22 If there is no evidence of abuse or neglect of a relinquished newborn infant, the 23 relinquishing parent has the right to remain anonymous and to leave the Safe Haven Provider 24 at any time and not be pursued or followed. Before the relinquishing person leaves the Safe 25 10 Haven Provider, the Safe Haven Provider personnel shall verbally inform the relinquishing 1 person that by relinquishing the newborn infant anonymously the relinquishing person will 2 have to petition the court if preventing the termination of parental rights and regaining custody 3 of the newborn infant is desired. The Safe Haven Provider shall offer the relinquishing parent 4 an information packet containing facts about custody and parental rights. 5 § 2568. Information for relinquishing parent; public disclosure prohibited 6 (a) A Safe Haven Provider that receives a newborn infant relinquished in accordance 7 with this subchapter shall offer an information packet to the relinquishing person and, if 8 possible, shall clearly inform the relinquishing person that acceptance of the information is 9 completely voluntary. The information packet must include the following: 10 (1) Written notice of the following: 11 (A) No sooner than 60 days following the date of the initial relinquishment 12 of the newborn infant to a Safe Haven Provider, the Department will commence 13 proceedings for the termination of parental rights and placement of the newborn 14 infant for adoption; and 15 (B) Failure of a parent of the newborn infant to contact the Department and 16 petition for the return of custody of the newborn infant before termination of 17 parental rights bars any future action asserting legal rights with respect to the 18 newborn infant; 19 (2) A resource list of providers of counseling services including grief counseling, 20 pregnancy counseling, and counseling regarding adoption and other available options for 21 placement of the newborn infant; 22 (3) Upon request of the relinquishing parent, the Department shall provide the 23 contact information for any adoption registry and medical information exchange 24 maintained within the territory; 25 11 (4) A brochure with a self-mailer attached that describes the Safe Haven 1 Newborn Protect Act and the rights of birth parents, including an optional section for the 2 parent to complete and mail to the Department, that shall ask for basic anonymous 3 background information about the relinquished child. This brochure must be maintained 4 by the Department on its website; and 5 (5) A brochure describing postpartum health information for the mother. 6 (b) Emergency medical professionals, employees, or other persons engaged in the 7 administration or operation of a Safe Haven Provider, or the Department where a newborn 8 infant has been relinquished or transferred under this subchapter are prohibited from publicly 9 disclosing any information concerning the relinquishment of the newborn infant and the 10 individuals involved, except as otherwise provided by law. 11 § 2569. Hospital reporting requirements 12 (a) Not later than 12 hours after accepting an infant from a relinquishing person or 13 from staff at a fire station, emergency medical facility, or police station, in accordance with this 14 subchapter, a hospital shall report the relinquishment to the Department for the purpose of 15 transferring physical custody of the infant from the hospital to the Department. 16 (b) If a relinquished child is not a newborn infant as defined in section 2561(a)(10), the 17 hospital shall proceed as if the child is an abused or neglected child. 18 § 2570. Department’s duties and procedures 19 (a) Once a hospital has made a report to the Department under section 2569(a) of this 20 subchapter, the Department shall arrange to accept physical custody of the relinquished 21 newborn infant and, not later than 48 hours of taking a newborn infant into custody, excluding 22 weekends and holidays, shall seek a court order for emergency temporary custody of the infant 23 upon its acceptance of the infant and file a petition with the court stating the specific 24 circumstances justifying the taking of temporary custody and the specific measures 25 12 implemented to safeguard the physical and emotional well-being of the newborn infant. If a 1 hospital determines that a relinquished infant needs medical treatment beyond the 48 hours for 2 the Department to take physical custody of the infant, the Department shall assume custody of 3 any infant declared ready for discharge from a hospital within eight hours of such notification. 4 The court shall grant the Department temporary guardianship status over any newborn infant 5 in its care while a petition for guardianship is pending the issuance of a final court order. The 6 Department shall pay all associated costs, including medical care expenses within and outside 7 the territory if an infant under the Department’s care requires transfer off the island for 8 additional medical care. The Department shall assign an authorized representative to 9 accompany any infant under their care during off-island transfers and medical treatment. 10 (b) Not later than 24 hours after receiving a report under section 2569(a), the 11 Department shall request assistance from law enforcement officials to investigate the matter 12 using the National Center for Missing and Exploited Children to ensure that the relinquished 13 newborn infant is not a missing child. The extent of this investigation involves only a 14 determination that the infant is not a missing child and may not extend to an investigation of 15 the relinquishing or non-relinquishing parent. 16 (c) The Department shall initiate proceedings to terminate the parental rights of the 17 relinquished newborn infant's known or unknown parents no sooner than 60 days following the 18 date of the initial relinquishment of the newborn infant to the Safe Haven Provider. 19 (d) Before filing a petition for termination of parental rights, the Department shall do 20 the following: 21 (1) Search its Putative Father Registry for the purpose of determining the identity 22 and location of the putative father of the relinquished newborn infant who is, or is 23 expected to be, the subject of an adoption proceeding, in order to provide notice of the 24 proceeding to the putative father. At least one search of the Registry must be conducted 25 13 at least 60 days after the relinquished newborn infant's estimated date of birth. Notice to 1 any potential putative father discovered in a search of the Registry according to the 2 estimated age of the relinquished newborn infant must be in accordance with title 16 3 Virgin Islands Code chapter 5, section 143. 4 (2) Verify with law enforcement officials, using the National Center for Missing 5 and Exploited Children that the relinquished newborn infant is not a missing child. 6 (3) No later than 10 days after the newborn infant is relinquished, the Department 7 shall attempt to identify, locate, and notify the non-relinquishing parent by performing a 8 missing-child search and publishing notice of the relinquishment of the newborn to 9 include: 10 (A) The place, date and time of the relinquishment; and 11 (B) The sex, race, approximate age, any identifying marks of the newborn 12 infant, and any other identifying information the Department considers necessary; 13 and 14 (C) A statement that the non- relinquishing parent’s failure to notify the 15 Department of an intent to exercise his or her parental rights and responsibilities 16 within 20 days after publication of the notice shall be deemed to be the non- 17 relinquishing parent’s irrevocable consent to the termination of all parental rights 18 and his or her irrevocable waiver of any right to notice of, or opportunity to 19 participate in, any termination of parental rights proceeding involving the 20 surrendered newborn. 21 (4) Not later than 48 hours, excluding weekends and holidays, after 22 assuming physical custody of the newborn infant, the Department shall file a 23 petition in the Family Division of the Superior Court. The petition must allege that 24 14 the newborn infant has been relinquished in accordance with this subchapter and 1 state that the newborn infant continues to need the Department’s protection. 2 § 2571. Public information 3 (a) The Department shall implement a public information program to promote safe 4 placement alternatives for newborn infants. The public information program may include the 5 following elements: 6 (1) Educational and informational materials in print, audio, video, electronic or 7 other media. 8 (2) Establishment of a dedicated page on the Department’s web site. 9 (3) Public service announcements and advertisements. 10 (4) Establishment of a toll-fee, 24-hour hotline. 11 (b) The Department shall make information about the Territory’s Safe Haven laws, 12 Safe Haven Provider locations, and support and resources available for parents and available to 13 the public. The Department shall make information about Safe Haven relinquishment available 14 on its website. 15 § 2572. Petition for return of custody 16 (a) A relinquishing or non-relinquishing parent of a newborn infant relinquished in 17 accordance with this subchapter may petition for the return of custody of the newborn infant 18 before the termination of parental rights by filing a petition for return of custody in the court in 19 which the proceeding for the termination of parental rights is pending. 20 (b) If a petition for the termination of parental rights has not been filed by the 21 Department, the parent of the relinquished newborn infant shall contact the Department, which 22 shall notify the parent of the appropriate court in which the petition for return of custody must 23 be filed. 24 15 (c) The court may hold the proceeding for the termination of parental rights in 1 abeyance for a period not to exceed 60 days from the date that the petition for return of custody 2 was filed without a showing of good cause. During that period: 3 (1) The court shall order genetic testing to establish maternity or paternity, or 4 both. 5 (2) The Department shall conduct a home study to develop recommendations to 6 the court. 7 (3) When indicated, as a result of the Department's investigation and home study, 8 further proceedings may be conducted. However, relinquishment of a newborn infant in 9 accordance with this subchapter does not render the newborn infant abused, neglected, or 10 abandoned solely because the newborn infant was relinquished to a Safe Haven Provider 11 in accordance with this subchapter. 12 (d) Failure to file a petition for the return of custody of a relinquished newborn infant 13 before the termination of parental rights bars any future action asserting legal rights with respect 14 to the newborn infant unless the relinquishing parent's act of relinquishment that led to the 15 termination of parental rights involved fraud perpetrated against and not stemming from or 16 involving the non-relinquishing parent. 17 (e) No action to void or revoke the termination of parental rights of a parent of a 18 newborn infant relinquished in accordance with this subchapter may be commenced after 12 19 months after the date that the newborn infant was initially relinquished to a Safe Haven 20 Provider, unless the act of relinquishment that led to the termination of parental rights involved 21 fraud. 22 § 2573. Evaluation 23 (a) The Department shall collect and analyze information regarding the relinquishment 24 of infants and placement of children under this subchapter. The hospital, fire station, 25 16 emergency medical facility, police station, and medical professionals accepting and providing 1 services to an infant under this subchapter shall report to the Department data necessary for the 2 Department to evaluate and determine the effect of this subchapter in the prevention of injury 3 or death of infants. 4 (b) The information collected must include: 5 (1) the number of infants relinquished; 6 (2) the services provided to relinquished infants; 7 (3) the outcome of care for the relinquished infants; 8 (4) the number and disposition of cases of relinquished infants subject to 9 placement; 10 (5) the number of children accepted and served by Department; illegal 11 abandonments; and 12 (6) the services provided by the Department, and the disposition of the cases of 13 the children placed under this subchapter. 14 § 2574. Construction of subchapter 15 Nothing in this subchapter may be construed to preclude the courts of this Territory from 16 exercising their discretion to protect the health and safety of children in individual cases. The 17 best interests and welfare of a child is a paramount consideration in the construction and 18 interpretation of this subchapter. It is in the child's best interests that this subchapter be 19 construed and interpreted so as not to result in extending time limits beyond those set forth in 20 this subchapter. 21 BILL SUMMARY 22 Section 1 of this Bill amends title 5 of the Virgin Islands Code by adding subchapter V 23 to create the Safe Haven Newborn Protection Act. This subchapter is divided into fourteen 24 sections. Internal section 2560 describes the purpose of the Act. Section 2561 defines terms 25 17 as they are used in the new subchapter. Section 2562 lists certain presumptions that the Act 1 allows. Section 2563 sets out the required actions that the Safe Haven Provider must take, 2 section 2564 directs that signs must be displayed, section 2565 describes the procedures for 3 temporary physical custody, and Sections 2566 and 2567 describe the immunity and anonymity 4 established by the Act. Section 2568 describes the information that must be given to the 5 relinquishing parent and to the public, section 2569 dictates the reporting requirements of the 6 hospital, and section 2570 sets out the Department of Human Services’ duties and 7 responsibilities. Section 2571 requires the Department to provide information to the public. 8 Section 2572 identifies the steps a parent must take to petition for return of custody, section 9 2573 requires the Department of Human Services to collect and analyze data regarding the 10 relinquishment of infants in the Territory, and section 2574 describes the construction of the 11 act and its interpretation. 12 BR23-0212/September 26, 2023/HLF 13 ..\..\..\..\AMENDS\35th Legislature\BOLQUES, JR, ANGEL L\Amendment 35-596\35- 14 596 - DRAFTED ON YELLOW (UPDATED sponsor added).docx 15 ..\..\..\..\AMENDS\35th Legislature\BOLQUES, JR, ANGEL L\Amendment 35-589\35- 16 589 -(REVISED) DRAFTED ON YELLOW.docx 17 ..\..\..\..\AMENDS\35th Legislature\BOLQUES, JR, ANGEL L\Amendment 35-572\35- 18 572 - DRAFTED ON YELLOW.docx 19