40-6-415. (Temporary) Surrendered newborns -- safe delivery program. The department shall establish a safe delivery program. The safe delivery program:
     (1) must include but is not limited to a toll-free, 24-hour telephone line, which must be a component of the department's existing child abuse toll-free telephone line. The information provided with this telephone line must include but is not limited to the following:
     (a) information on prenatal care and the delivery of a newborn;
     (b) names of health agencies that can assist in obtaining services and support that provide for the pregnancy-related health of the mother and the health of the newborn;
     (c) 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;
     (d) information that, in order to safely provide for the health of the mother and the newborn, the best place for the delivery of an infant is in a hospital;
     (e) 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;
     (f) information that a hospital will take into protective custody a newborn that is surrendered, as provided for in this part, and, if needed, provide emergency medical assistance to the mother, the newborn, or both;
     (g) information regarding legal and procedural requirements related to the voluntary surrender of a newborn as provided for in this part;
     (h) information regarding the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., if the newborn has any Indian heritage;
     (i) information regarding the legal consequences for endangering a child, including child protective services investigations and potential criminal penalties;
     (j) information that surrendering a newborn for adoption, as provided in this part, is an affirmative defense to charges of abandonment; and
     (k) information about resources for counseling and assistance with crisis management; and
     (2) must include but is not limited to a pamphlet that provides information to the public concerning the safe delivery program. The department shall publish and distribute the pamphlet. The pamphlet must be distributed and the safe delivery program publicized in a manner designed to reach females of childbearing age, including delivery of the pamphlet to high schools for use in health courses. The pamphlet must prominently display the toll-free telephone number provided for in subsection (1), if available, and must include the information prescribed in subsections (1)(a) through (1)(k). (Terminates June 30, 2004--sec. 21, Ch. 277, L. 2001.)

     History: En. Sec. 12, Ch. 277, L. 2001.