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Infant Safe Haven Laws a Safe Haven

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Infant Safe Haven Laws a Safe Haven STATE STATUTES Current Through December 2016 WHAT’S INSIDE Who may leave a baby at Infant Safe Haven Laws a safe haven Many State legislatures have enacted legislation to Safe haven providers address infant abandonment and endangerment in Responsibilities of safe response to a reported increase in the abandonment haven providers of infants in unsafe locations, such as public restrooms or trash receptacles. Beginning in Texas Immunity for providers in 1999, “Baby Moses laws” or infant safe haven laws have been enacted as an incentive for mothers in Protections for parents crisis to safely relinquish their babies to designated Consequences of locations where the babies are protected and relinquishment provided with medical care until a permanent home is found. Safe haven laws generally allow the parent, Summaries of State laws or an agent of the parent, to remain anonymous and to be shielded from criminal liability and prosecution for child endangerment, abandonment, or neglect in To find statute exchange for surrendering the baby to a safe haven. information for a particular State, go to https://www.childwelfare. gov/topics/systemwide/ laws-policies/state/. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Infant Safe Haven Laws https://www.childwelfare.gov To date, all 50 States, the District of Columbia, and Puerto Safe Haven Providers Rico have enacted safe haven legislation.1 The focus of these laws is protecting newborns from endangerment by The purpose of safe haven laws is to ensure that providing parents an alternative to criminal abandonment, relinquished infants are left with persons who can provide and therefore the laws are generally limited to very the immediate care needed for their safety and well- young children. For example, in approximately 11 States being. To that end, approximately 16 States and Puerto and Puerto Rico, only infants who are 72 hours old or Rico require parents to relinquish their infants only to a 2 hospital, emergency medical services provider, or health- younger may be relinquished to a designated safe haven. 8 Approximately 19 States accept infants up to 1 month care facility. In 27 States, fire stations also are designated 9 old.3 Other States specify varying age limits in their as safe haven providers. Personnel at police stations or statutes.4 other law enforcement agencies may accept infants in 25 States.10 In five States, emergency medical personnel 11 Who May Leave a Baby at a Safe responding to 911 calls may accept an infant. In addition, Haven five States allow churches to act as safe havens, but the relinquishing parent must first determine that church In most States with safe haven laws, either parent may personnel are present at the time the infant is left.12 surrender his or her baby to a safe haven. In four States and Puerto Rico, only the mother may relinquish her Responsibilities of Safe Haven infant.5 Idaho specifies that only a custodial parent Providers may surrender an infant. In the District of Columbia, an infant may be relinquished only by a custodial parent The safe haven provider is required to accept emergency who is a resident of the District. In approximately 11 protective custody of the infant and to provide any States, an agent of the parent (someone who has the immediate medical care that the infant may require. In parent’s approval) may take a baby to a safe haven for a 14 States and the District of Columbia, when the safe parent.6 In California, Kansas, and New York, if the person haven receiving the baby is not a hospital, the baby must 13 relinquishing the infant is someone other than a parent, be transferred to a hospital as soon as possible. The he or she must have legal custody of the child. Eight provider is also required to notify the local child welfare States do not specify the person who may relinquish an department that an infant has been relinquished. infant.7 1 American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands currently do not address the issue of abandoned newborns in legislation. 2 The word “approximately” is used to stress the fact that States frequently amend their laws. This information is current only through December 2016. Alabama, Arizona, California, Colorado, Hawaii, Michigan, Mississippi, Tennessee, Utah, Washington, and Wisconsin currently limit relinquishment to 8 Alabama, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Minnesota, infants who are no more than 72 hours old. Mississippi, Nebraska, New Mexico, North Dakota, Pennsylvania, Utah, 3 Arkansas, Connecticut, Idaho, Illinois, Indiana, Kentucky, Louisiana, Virginia, and West Virginia. Maine, Montana, Nebraska, Nevada, New Jersey, New York, Ohio, Oregon, 9 Alaska, Arizona, California, Colorado, Florida, Hawaii, Illinois, Kansas, Pennsylvania, Rhode Island, Vermont, and West Virginia. Kentucky, Louisiana, Massachusetts, Michigan, Missouri, Montana, Nevada, 4 Other limits include 7 days (Florida, Georgia, Massachusetts, Minnesota, New Hampshire, North Carolina, Oklahoma, Oregon, Rhode Island, South New Hampshire, North Carolina, and Oklahoma), 10 days (Maryland), 14 days Carolina, South Dakota, Tennessee, Vermont, Washington, Wisconsin, and (Delaware, Iowa, Virginia, Wyoming, and the District of Columbia), 21 days Wyoming. (Alaska), 45 days (Kansas and Missouri), 60 days (South Carolina, South Dakota, 10 Alaska, Arkansas, Hawaii, Illinois, Kentucky, Louisiana, Maine, and Texas), 90 days (New Mexico), and 1 year (North Dakota). Massachusetts, Michigan, Missouri, Montana, Nevada, New Hampshire, 5 Georgia, Maryland, Minnesota, and Tennessee. Maryland and Minnesota New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South do allow the mother to approve another person to deliver the infant on her Carolina, South Dakota, Tennessee, Vermont, Wisconsin, and Wyoming. behalf. 11 Idaho, Minnesota, New Hampshire, Vermont, and Virginia. 6 Arizona, Arkansas, Connecticut, Indiana, Iowa, Kentucky, New Jersey, North 12 Arizona, Kentucky, New Hampshire, South Carolina, and Vermont. Dakota, Rhode Island, Utah, and Wyoming. 13 Arizona, Arkansas, Florida, Illinois, Kentucky, Louisiana, Maryland, 7 Delaware, Hawaii, Illinois, Maine, Nebraska, New Mexico, South Carolina, Minnesota, Missouri, Montana, Nevada, New Jersey, South Carolina, and and Vermont. Wyoming. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/safehaven/. 2 Infant Safe Haven Laws https://www.childwelfare.gov In 24 States and the District of Columbia, the provider is In addition to the guarantee of anonymity, most States required to ask the parent for family and medical history provide protection from criminal liability for parents who information.14 In 17 States and the District of Columbia, safely relinquish their infants. Approximately 34 States, the the provider is required to attempt to give the parent District of Columbia, and Puerto Rico do not prosecute a or parents information about the legal repercussions parent for child abandonment when a baby is relinquished of leaving the infant and information about referral to a safe haven.21 In 16 States, safe relinquishment of the services.15 In four States, a copy of the infant’s numbered infant is an affirmative defense in any prosecution of the identification bracelet may be offered to the parent as parent or his/her agent for any crime against the child, an aid to linking the parent to the child if reunification is such as abandonment, neglect, or child endangerment.22 sought at a later date.16 The privileges of anonymity and immunity are forfeited in Immunity From Liability for Providers most States if there is evidence of child abuse or neglect. In 43 States and the District of Columbia, safe haven laws Consequences of Relinquishment protect providers who accept custody of relinquished infants from liability for anything that might happen to the Once the safe haven provider has notified the local child infant while in their care, unless there is evidence of major welfare department that an infant has been relinquished, negligence on the part of the provider.17 the department assumes custody of the infant as an abandoned child. The department has responsibility for Protections for Parents placing the infant, usually in a preadoptive home, and for petitioning the court for termination of the birth parents’ In approximately 16 States and the District of Columbia, parental rights. Before the baby is placed in a preadoptive anonymity for the parent or agent of the parent is home, 14 States and the District of Columbia require 18 expressly guaranteed in statute. In 27 States and Puerto the department to request the local law enforcement Rico, the safe haven provider cannot compel the parent or agency to determine whether the baby has been reported agent of the parent to provide identifying information.19 In as a missing child.23 In addition, five States require the addition, 15 States provide an assurance of confidentiality department to check the putative father registry before a for any information that is voluntarily provided by the termination of parental rights petition can be filed.24 parent.20 14 Alaska, California, Connecticut, Delaware, Hawaii, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina,
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