SURRENDER OF INFANTS; INF. SAFETY DEVICE, the official text

00Enrolled SB 9
01Relating to the surrender of infants; relating to civil history; and providing for an effective 
02 date. 
03 _______________ 
04 * Section 1. AS 47.05.325(a) is amended to read: 
05 (a) The Department of Health and the Department of Family and Community 
06 Services shall establish by regulation civil history standards for denial of issuance or 
07 renewal of a license or certification for an individual or for an entity within that 
08 department's licensing or certification authority if the individual who is applying for a 
09 license, license renewal, certification, or certification renewal is 
10 (1) a biological or adoptive parent, guardian, custodian, or Indian 
11 custodian of a child who is or was the subject of a child-in-need-of-aid petition under 
12 AS 47.10 and the individual had custody of the child at the time the child was the 
13 subject of a petition, unless the only basis in the petition for alleging that the child 
14 was a child in need of aid under AS 47.10.011 was that the child was surrendered

01 in the manner described in AS 47.10.013(c); or 
02 (2) the subject of a finding or circumstance described in 
03 AS 47.05.330(a). 
04 * Sec. 2. AS 47.05.330(a) is amended to read: 
05 (a) The Department of Health and the Department of Family and Community 
06 Services shall by regulation identify each database that department will review when 
07 conducting a civil history check under AS 47.05.325 to identify each individual 
08 (1) whom a court or the applicable department has found 
09 (A) to have committed abuse, neglect, undue influence, or 
10 exploitation of a vulnerable adult; 
11 (B) under AS 47.32 or regulations adopted under AS 47.32, to 
12 have significantly adversely affected the health, safety, or welfare of an 
13 individual who is receiving a service from an entity licensed under AS 47.32; a 
14 finding described in this subparagraph includes a decision to revoke, suspend, 
15 or deny a license or license renewal, or the relinquishment of a license as part 
16 of a settlement agreement; 
17 (2) who has been subject to criminal or civil penalties for a violation of 
18 AS 09.58, AS 47.05, AS 47.06, AS 47.07, AS 47.08, or regulations adopted under 
19 AS 09.58, AS 47.05, AS 47.06, AS 47.07, or AS 47.08; 
20 (3) about whom the applicable department or a court has made a 
21 substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14; 
22 (4) who was a biological or adoptive parent, guardian, custodian, or 
23 Indian custodian of a child at the time the child was the subject of a child-in-need-of- 
24 aid petition under AS 47.10, unless the only basis in the petition for alleging that 
25 the child was a child in need of aid under AS 47.10.011 was that the child was 
26 surrendered in the manner described in AS 47.10.013(c); 
27 (5) who, in the course of employment with the state, has been 
28 terminated from employment or has had an allegation of assaultive, abusive, 
29 neglectful, or exploitive behavior or actions substantiated; 
30 (6) who, in this state or another jurisdiction, for reasons related to 
31 abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent

01with standards for the protection of public health, safety, or welfare, has had a 
02 professional license, certification, or similar professional designation revoked, 
03 suspended, or denied, or has had a request for renewal of a professional license, 
04 certification, or similar professional designation denied; 
05 (7) whom another state or jurisdiction has identified on a civil registry 
06 or database substantially similar to the databases identified under this section for 
07 reasons substantially similar to the reasons identified in (1) - (6) of this subsection. 
08 * Sec. 3. AS 47.10.013(c) is amended to read: 
09 (c) A parent who is immune from prosecution under AS 11.81.500 and 
10 chooses to surrender an infant shall surrender the infant in the manner described in this 
11 subsection. Surrendering the infant in the manner described in this subsection 
12 constitutes abandonment for purposes of this chapter. An infant's parent is considered 
13 to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 
14 AS 47.10.120, the parent's legal duty to support the infant is extinguished if 
15 (1) the parent, without expressing an intent to return for the infant, 
16 leaves the infant 
17 (A) in the physical custody of a person who 
18 (i) [IS A (A) PERSON] the parent reasonably believes 
19 would provide for the health and safety of the infant and who would act 
20 appropriately to care for the infant; 
21 (ii) is a [(B)] peace officer, community health aide, 
22 physician, or hospital employee; or 
23 (iii) [(C) PERSON WHO] is employed by or is a 
24 volunteer for a fire department or emergency medical service, if the 
25 person is acting within the scope of the person's fire department or 
26 emergency medical service duties; or 
27 (B) in an infant safety device that 
28 (i) is physically affixed to an exterior wall or located 
29 inside of a hospital, emergency department, freestanding birth 
30 center as defined in AS 47.32.900, health facility as defined in 
31 AS 47.07.900 that is owned or managed by a tribal health

01organization as defined in AS 17.30.200(d), office of a private 
02 physician, whether in individual or group practice, rural health 
03 clinic as defined in AS 47.32.900, municipal police department, 
04 state trooper post, or fire department; and 
05 (ii) meets the requirements of (h) of this section; and 
06 (2) there is no evidence the infant has been physically injured before 
07 abandonment. 
08 * Sec. 4. AS 47.10.013(d) is amended to read: 
09 (d) A person to whom an infant is surrendered in the manner described in 
10 (c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 
11 (1) act appropriately to care for the infant; 
12 (2) inform the parent that the parent may, but is not required to, answer 
13 any questions regarding the name, identity, and medical history of the infant and 
14 parents of the infant unless the parent chooses to contact the department under (3) of 
15 this subsection; 
16 (3) ask the parent if the parent wishes to relinquish the parent's 
17 parental rights and release the infant for adoption; if the answer is affirmative, the 
18 person shall contact the department so that the parent can discuss that option with the 
19 department; 
20 (4) immediately notify the nearest office of the department that the 
21 infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 
22 section. 
23 * Sec. 5. AS 47.10.013(e) is amended to read: 
24 (e) An individual, agency, authorized facility, or entity that receives an infant 
25 abandoned safely under (c) of this section is not liable for civil damages for failure to 
26 discharge the duties listed in (d) of this section. 
27 * Sec. 6. AS 47.10.013 is amended by adding new subsections to read: 
28 (g) An authorized facility that receives an infant surrendered under (c)(1)(B) 
29 of this section shall immediately notify the nearest office of the department that the 
30 infant has been surrendered under (c)(1)(B) of this section. 
31 (h) An infant safety device must be

01 (1) located in an area that is conspicuous and visible to employees of 
02 an authorized facility; 
03 (2) climate-controlled; 
04 (3) clearly marked with appropriate signage that includes 
05 (A) a statement that only a child less than 21 days old may be 
06 placed in the infant safety device; 
07 (B) a statement that the parent may surrender the infant in 
08 person to an employee inside an authorized facility; 
09 (C) a statement that the parent may call 911 to surrender the 
10 infant directly to an emergency services provider; 
11 (D) a statement that the parent may call 211 or another 
12 statewide service navigation provider to access resources related to family 
13 planning, human trafficking, and domestic violence; and 
14 (E) a statement or quick response barcode that directs the 
15 person to information regarding surrendering an infant as provided for under 
16 this subsection on the department's Internet website; 
17 (4) equipped with 
18 (A) a system that automatically transmits a request to the 911 
19 emergency system for the immediate dispatch of an emergency medical 
20 services provider to the location of the infant safety device when the infant 
21 safety device is opened; 
22 (B) a video surveillance system that allows employees of an 
23 authorized facility to monitor the interior of the infant safety device 24 hours a 
24 day; and 
25 (C) an automated lock that secures the infant inside the infant 
26 safety device after deposit; 
27 (5) installed, operated, and maintained according to the manufacturer's 
28 guidelines and department regulations; and 
29 (6) inspected upon installation and annually by the manufacturer or 
30 manufacture's designee and inspected monthly by the authorized facility in which it is 
31 installed; inspections under this paragraph must be logged by the authorized facility

01 and must include testing of the device's alarms, cameras, climate control system, and 
02 locks. 
03 (i) The department may provide training to emergency medical service 
04 providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 
05 employees of an authorized facility in how to implement and comply with the 
06 requirements for the surrender of an infant as described in this section. 
07 (j) If the department determines that an infant abandoned under (c)(1)(B) of 
08 this section is an Indian child, the department shall immediately contact the Indian 
09 child's tribe. 
10 (k) In this section, "authorized facility" means a facility described in 
11 (c)(1)(B)(i) of this section that has an infant safety device located at the facility. 
12 * Sec. 7. This Act takes effect July 1, 2026.