Act No. 235
Public Acts of 2000
Approved by the Governor
June 26, 2000
Filed with the Secretary of State
June 27, 2000
EFFECTIVE DATE: January 1, 2001
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Birkholz, Scranton, Voorhees, Toy, Tabor, Baird, Gilbert, Caul, Middaugh, DeRossett, Rocca and Ruth Johnson
Reps. Basham, Bishop, Bogardus, Bovin, Bob Brown, Cameron Brown, Cassis, Cherry, Clark, Daniels, DeHart, DeWeese, Ehardt, Garza, Green, Hager, Hardman, Howell, Jacobs, Jamnick, Jelinek, Jellema, Julian, Koetje, Kowall, Law, Lemmons, Lockwood, Mead, Minore, Mortimer, Neumann, O'Neil, Pappageorge, Patterson, Pestka, Price, Prusi, Pumford, Raczkowski, Richardville, Richner, Sanborn, Schauer, Scott, Sheltrown, Shulman, Stallworth, Stamas, Switalski, Tesanovich, Vander Roest, Vaughn, Vear and Woodward named co-sponsors
ENROLLED HOUSE BILL No. 5543
AN ACT to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," (MCL 710.21 to 712A.32) by adding chapter XII; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
CHAPTER XII
SURRENDERED NEWBORNS
Sec. 20. (1) The department of community health in conjunction with the department shall establish a safe delivery program. The safe delivery program shall include, but is not limited to, both of the following:
(a) A toll-free, 24-hour telephone line. The information provided with this telephone line shall include, but is not limited to, all of the following:
(i) Information on prenatal care and the delivery of a newborn.
(ii) Names of health agencies that can assist in obtaining services and supports that provide for the pregnancy-related health of the mother and the health of the baby.
(iii) Information on adoption options and the name and telephone number of a child placing agency that can assist a parent or expecting parent in obtaining adoption services.
(iv) Information that, in order to safely provide for the health of the mother and her newborn, the best place for the delivery of a child is in a hospital, hospital-based birthing center, or birthing center that is accredited by the commission for the accreditation of birth centers.
(v) An explanation that, to the extent of the law, prenatal care and delivery services are routinely confidential within the health care system, if requested by the mother.
(vi) Information that a hospital will take into protective custody a newborn that is surrendered as provided for in this chapter and, if needed, provide emergency medical assistance to the mother, the newborn, or both.
(vii) Information regarding legal and procedural requirements related to the voluntary surrender of a child as provided for in this chapter.
(viii) Information regarding the legal consequences for endangering a child, including child protective service investigations and potential criminal penalties.
(ix) Information that surrendering a newborn for adoption as provided in this chapter is an affirmative defense to charges of abandonment as provided in section 135 of the Michigan penal code, 1931 PA 328, MCL 750.135.
(x) Information about resources for counseling and assistance with crisis management.
(b) A pamphlet that provides information to the public concerning the safe delivery program. The department of community health and the department shall jointly publish and distribute the pamphlet. The pamphlet shall prominently display the toll-free telephone number prescribed by subdivision (a).
(2) This section is repealed 3 years after its effective date.
Enacting section 1. This amendatory act takes effect January 1, 2001.
Enacting section 2. This amendatory act shall not take effect unless both of the following bills of the 90th Legislature are enacted into law:
(a) Senate Bill No. 1052.
(b) Senate Bill No. 1053.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.