B. A court order includes a finding of an aggravating factor and an order to cease reunification.; or

C.__A person voluntarily delivers a child who is under 31 days of age to a hospital emergency room or to a firefighter, police officer, medical services provider or a hospital staff member and the person expresses an intent not to return for the child.

The department is not required to file a termination petition if the department has chosen to have the child cared for by a relative or the department has documented to the court a compelling reason for determining that filing such a petition would not be in the best interests of the child.

SUMMARY

This bill creates an affirmative defense to the crime of abandonment of a child if the child was 31 days or younger and the person charged delivered the child to a hospital emergency room or to a police officer, firefighter, medical services provider or hospital staff member. This bill also ensures anonymity for the person delivering the child and terminating the parental rights and responsibilities of the parent delivering the child.