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Legislative Update

Child neglect defense

May 19, 2017 Filed Under: Criminal

S.E.A. 246, P.L. 263
Effective: July 1, 2017
Specifies under the safe haven law that it is a defense to a claim of neglect of a dependent if the individual left the child: (1) with a person who is an emergency medical services provider; or (2) in a newborn safety device that meets the specified requirements.
Allows a newborn safety device that was installed on January 1, 2017, to continue to operate. Provides civil immunity for a hospital that operates a newborn safety device if the device meets specified requirements, unless the act or omission constitutes gross negligence or willful or wanton misconduct.
Provides that neglect of a dependent with a mental or physical disability is a Level 1 felony in certain instances.
The full law is available at: https://iga.in.gov/legislative/2017/bills/senate/246

Filed Under: Criminal Tagged With: children, sentencing

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