Sec. 1. 17-A MRSA §553, sub-§3 is enacted to read:

3.__It is an affirmative defense to a prosecution under this section that, at the time the offense occurred:

A.__The child was under 31 days of age; and

B.__The child was delivered by the person charged under this section to an emergency room of__ hospital, or to a firefighter, police officer, medical services provider or hospital staff member.

Sec. 2. 19-A MRSA §1653, sub-§15 is enacted to read:

15.__Abandoned children.__Notwithstanding any other provision of this Title or Title 22, a parent who voluntarily delivers a child 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 who expresses an intent not to return for the child waives the parent's parental rights and responsibilities under this chapter.__The department shall immediately take custody of the child and file a termination petition pursuant to Title 22, section 4052 within 21 days of taking custody of the child.__A parent who waives parental rights and responsibilities under this subsection for a child is not responsible for reimbursement to the department for child care expenses under Title 22, chapter 1071, subchapter VII.

Sec. 3. 22 MRSA §4018 is enacted to read:

§4018.__Abandoned children

A person who voluntarily delivers a child 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 who expresses an intent not to return for the child has the right to remain anonymous.__A person who accepts a child under 31 days of age under this section may not inquire, pressure or coerce from the person delivering the child, the identity of the person delivering the child or the identity of the child's family.

Sec. 4. 22 MRSA §4052, sub-§2-A, as enacted by PL 1997, c. 715, Pt. B, §14, is amended to read:

2-A. Department as petitioner or as party. The department shall file a termination petition or seek to be joined as a party to any pending petition in the following circumstances: