MASSACHUSETTS

CHAPTER 227 OF THE ACTS OF 2004.      

AN ACT RELATIVE TO THE SAFE PLACEMENT OF NEWBORN INFANTS. 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.
Chapter 119 of the General Laws is hereby amended by inserting after section 39 the following section:- Section 39 1/2. Subject to appropriation, the department of social services shall accept for placement into foster care any newborn infant 7 days of age or less that is voluntarily placed with a hospital, police department or manned fire station, hereinafter “designated facility” by a parent of said newborn infant. Such a voluntary placement under this section shall not constitute, in an of itself, an automatic termination of parental rights or an abrogation of the parental rights or responsibilities but shall, for purposes of authorizing the department to initiate a petition to terminate parental rights under chapter 210, be presumed to be an abandonment of the newborn infant that has been so placed.
Voluntary abandonment of a newborn infant 7 days of age or younger to an appropriate person at a hospital, police department or manned fire station shall not by itself constitute either a finding of abuse or neglect or a violation of any criminal statue for child abuse or neglect or for abandonment. If child abuse or neglect, that is not based solely on the newborn infant having been left in the hospital, police department or manned fire station is suspected, hospital, police or fire department personnel who are mandated reporters under section 51A shall report the abuse or neglect.
The designated facility receiving a newborn infant shall immediately notify the department of the placement of the newborn infant at the facility. Upon receipt of such notice, the department shall take immediate custody of the newborn infant and shall initiate all actions authorized by law to achieve the safety and permanent placement of the newborn infant in a manner that is consistent with the best interests of the child. The person accepting a newborn infant at a designated facility shall make every effort to solicit the following information from the parent placing the newborn infant: (1) the name of the newborn infant; (2) the name and address of the parent placing the newborn infant; (3) the location of the newborn infant’s birthplace; (4) information relative to the newborn infant’s medical history and his or her biological family’s medical history, if available; and (5) and any other information that might reasonably assist the department or the court in current or future determinations of the best interests of the child, including whether the parent or guardian plans on returning to seek future custody of the child. The person receiving the newborn infant shall encourage the parent to provide the information but the parent shall not be required to provide such information.
The department shall develop and implement a public information program to inform the general public of the provisions of this section, teen pregnancy prevention programs and adoption information. The department shall also work in conjunction with other departments and agencies of the commonwealth and the Massachusetts Hospital Association relative to development of the program. The program may include, but not be limited to, educational and informational materials in print, audio video, electronic and other media, public service announcements and advertisements and the establishment of a toll-free hotline.  For purposes of this section only, the following term shall be defined in the following manner unless the context shall clearly indicate a different meaning or intent:- “hospital”, a hospital that is licensed under section 51 of chapter 111, or operated by the teaching hospital of the University of Massachusetts Medical School.
The department shall explore the possibility of expending funds received from the United States Department of Health and Human Services pursuant to the Promoting Safe and Stable Families Program, as most recently amended by the Promoting Safe and Stable Families of 2001, in order to implement the public information program required by this section and to alleviate the burden said information program may have on the department’s appropriation from the commonwealth. When implementing its public information program, the department shall prioritize those areas of the commonwealth that have been identified by the department of public health as having the highest teen pregnancy rates. 
SECTION 2.
The department of social services, in conjunction with a designee of the juvenile court, the probate and family court, the center for adoption research at the University of Massachusetts, Massachusetts Families for Kids, Massachusetts Children’s Trust Fund, Massachusetts Society for the Prevention of Cruelty to Children, Alliance on Teen Pregnancy and the office of child care services, shall submit a report analyzing the overall effectiveness of this act.  The report shall include, but not be limited to, the following: (1) an analysis of the act’s effectiveness in decreasing the number of newborns that are abandoned in an unsafe manner in the commonwealth; (2) the department’s success or failure in permanently placing in the adoption process any newborn placed with a designated facility pursuant to this act; (3) the average length of time that newborns remain in foster care after being so placed; (4) any issues arising from the termination of parental rights following the placement of a newborn pursuant to this act; (5) the success or failure of any public information campaign implemented by the department pursuant to this act; (6) any increased administrative burdens that may be placed upon any department or agency of the commonwealth as a result of this section; (7) issues with regard to the eligibility of any newborn infant placed pursuant to this act for federal entitlements such as foster care or adoption subsidies under Title IV-E of the United State Social Security Act or any other applicable federal law; and (8) the frequency or infrequency with which a parent placing a newborn at a designated facility supplies the facility with the information sought by the facility pursuant to section 1 of this act and any negative effects the lack of medical or background information on the child or parents may have had on facilitating the temporary or permanent placement of the child through the foster care or adoption process. The report, including any legislative recommendations, shall be submitted to the joint committee on human services and elderly affairs and the house and senate committees on ways and means on or before June 30, 2007.
SECTION 3.
This act shall expire on June 30, 2008. Approved July 30, 2004.

VERMONT

NO. 124.  AN ACT RELATING TO DECRIMINALIZING VOLUNTARILY DELIVERING A BABY TO A SAFE HAVEN.
(S.27)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1.  SHORT TITLE
This act shall be known as the “Baby Safe Haven Law.”
Sec. 2.  LEGISLATIVE INTENT
It is the intent of the general assembly that this act provide a procedure which ensures the safety and well-being of newborns and infants.  The general assembly recognizes that it is preferable for a wide array of services to be available to all expectant mothers and to newborn infants and their mothers. The procedure established in this act should be considered a safeguard that will be followed only in extraordinary circumstances.
Sec. 3.  13 V.S.A. § 1303 is amended to read:
§ 1303.  ABANDONMENT OR EXPOSURE OF BABY
(a)  A person who abandons or exposes a child under the age of two years, whereby the life or health of such child is endangered, shall be imprisoned not more than ten years or fined not more than $1,000.00 $10,000.00, or both.
(b)(1)  It is not a violation of this section if a person voluntarily delivers a child not more than 30 days of age to:
(A)  An employee, staff member, or volunteer at a health care facility.
(B)  An employee, staff member, or volunteer at a fire station, police station, place of worship, or an entity that is licensed or authorized in this state to place minors for adoption.
(C)  A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.
(2)  A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child’s or family’s medical history.
(3)  A person or facility to whom a child is delivered pursuant to this subsection shall be immune from civil or criminal liability for any action taken pursuant to this subsection.
(4)  A person or facility to whom a child is delivered pursuant to this subsection shall:
(A)  Take temporary custody of the child and ensure that he or she receives any necessary medical care.
(B)  Provide notice that he, she, or it has taken temporary custody of the child to a law enforcement agency.
(C)  Provide notice that he, she, or it has taken temporary custody of the child to the department for children and family services, which shall take custody of the child as soon as practicable.
(5)  The department for children and family services shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2006, to the chairs of the senate committee on health and welfare and the house committee on human services.
Approved:  May 2, 2006

Lt. Governor Brian Dube's testimony for passage of the VT Baby Safe Haven law.

NEW HAMPSHIRE

Infant's Age Citation: § 132-A:2 Not more than 7 days old

Who May Relinquish the Infant Citation: § 132-A:2 Parent

Who May Receive the Infant Citation: § 132-A:2 Hospital Safe haven, which includes: A church that is attended by a person A police or fire station A 911 responder

Responsibilities of the Safe Haven Provider Citation: §§ 132-A:2; § 132-A:3 Provide any medical services needed to protect the physical health and safety of the child Notify the department and law enforcement officials within 24 hours

Immunity for the Provider Citation: § 132-A:4 Yes

Protection for Relinquishing Parent Citation: § 132-A:2 The parent is not required to reveal personally identifiable information.

Effect on Parental Rights Citation: § 132-A:3 The department assumes temporary care and control of the infant.

Infant's Age Citation: Title 22, § 4018 Less than 31 days old

Who May Relinquish the Infant Citation: Title 22, § 4018 Person

Who May Receive the Infant Citation: Title 22, § 4018 Law enforcement officer Staff at a medical emergency room Medical services provider Hospital staff member

Responsibilities of the Safe Haven Provider Citation: Title 22, § 4018 May request information helpful to the welfare of the child Notify the department

Immunity for the Provider Citation: Title 22, § 4018 Yes

Protection for Relinquishing Parent Citation: Title 17-A; § 553(3); Title 22, § 4018 Delivery of a child in accordance with the law is an affirmative defense to prosecution for abandonment. All personal information about the parent is kept confidential.

Effect on Parental Rights Not addressed in statutes reviewed

CONNECTICUT

Infant's Age Citation: § 17a-58 30 days or younger

Who May Relinquish the Infant Citation: § 17a-58 Parent Lawful agent of the parent

Who May Receive the Infant Citation: § 17a-57 Any one on the nursing staff at a hospital emergency room

Responsibilities of the Safe Haven Provider Citation: §§ 17a-58; 17a-59 Take custody of the child Request the name of the parent and medical information Notify the department within 24 hours Offer to the parent a numbered identification bracelet that links the parent to the child, and a pamphlet describing the process of relinquishment

Immunity for the Provider Not addressed in statutes reviewed

Protection for Relinquishing Parent Citation: §§ 17a-60; 53-23 Information about the parent is kept confidential. Leaving an infant with a safe haven provider is not a violation of the law of child abandonment.

Effect on Parental Rights Citation: §§ 17a-59; 17a-60 The department shall assume custody of the child, and take any action needed to achieve safety and permanency for the child. The parent or an agent for the parent may submit a request for reunification.

RHODE ISLAND

Infant's Age Citation: § 23-13.1-3 30 days or younger

Who May Relinquish the Infant Citation: § 23-13.1-4 Parent Person acting at the direction of the parent

Who May Receive the Infant Citation: § 23-13.1-3 Hospital Medical emergency facility Fire station Police station

Responsibilities of the Safe Haven Provider Citation: § 23-13.1-3 Provide needed medical care to the child Offer information about the legal effect of relinquishment Notify the department

Immunity for the Provider Citation: § 23-13.1-3 Yes

Protection for Relinquishing Parent Citation: §§ 23-13.1-3; 23-13.1-4 Any information provided is kept confidential. Immunity from prosecution for abandonment is provided.

Effect on Parental Rights Citation: § 23-13.1-5 The department shall have temporary protective custody of child. A petition for termination of parental rights shall be filed in 90 days unless the parent has asserted a claim.