FINAL BILL REPORT
ESSB 5236
As Passed Legislature
Brief Description: Ensuring the health and safety of newborn infants who have been abandoned
and exempting from criminal liability persons who abandon them into the custody of a qualified
person.
Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators
Kohl-Welles, Long, Thibaudcan, Costa, McAuliffe, Eide, Stevens, Fairley, Prentice, Franklin,
Fraser, Carlson, Spanel, Regala, Hargrove, Oke and Patterson).
Senate Committee on Human Services & Corrections
House Committee on Children & Family Services
Background: Since 1999 there have been several local incidents of newborn infants being
abandoned in a variety of locations, including a convenience store, sidewalk, trash bin and
restroom, putting the infant's health at grave and immediate risk. Under current state law, a
person who abandons an infant can be criminally charged with abandonment of a dependent
person, family abandonment or family non-support.
Summary: Parents who might otherwise abandon their newborn infant are encouraged to leave
him or her in a safe place and increase the likelihood of survival. Immunity is provided from
specific criminal liability for a parent who transfers a newborn to any hospital employee at a
hospital emergency room or to fire station personnel at a staffed fire station. The hospital must
give the parent the opportunity to provide family medical history anonymously. Child protective
Services is contacted within 24 hours. The hospital, fire station, staff, and volunteers are immune
from criminal or civil liability for accepting a newborn. No changes are made; to current law
relating to dependency or termination of parental rights.
The Department of Social and Health Services must form a task force to determine how to
implement this bill and report to the Governor and Legislature by December 1, 2002.
Votes on Final Passage:
Senate
46
0
Senate
41
6
(Senate concurred)
Effective: Immediately
Senate Bill Report - 1 - ESSB 5236
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In 2009, the Washington Legislature modified RCW 13.34.360 to add Federally Designated Rural Health
Clinics as places where newborns may be left with an employee during the hours of operation. Click on the Button "Hospitals & Clinics" below for a list of Hospitals and Federally Designated Rural Health Clinics.