AB 369

This bill authorizes the installation of newborn infant safety devices in

hospitals, fire stations, and law enforcement agency buildings and allows a parent

to relinquish a child under the age of 72 hours in such a device under the safe haven

law.

Under current law, a child whom a law enforcement officer, emergency medical

technician, or hospital staff member reasonably believes to be 72 hours old or

younger (newborn infant) may be taken into custody under circumstances in which

a parent of the newborn infant relinquishes custody of the newborn infant to the law

enforcement officer, emergency medical technician, or hospital staff member and

does not express an intent to return for the newborn infant (commonly referred to as

the “safe haven law”). Also under current law, if a parent who wishes to relinquish

custody of his or her child is unable to travel to a place where a law enforcement

officer, emergency medical technician, or hospital staff member is located, the parent

may dial “911" or the number for an emergency medical service provider and the

person receiving the call must dispatch a law enforcement officer or emergency

medical technician to meet the parent and take the child into custody. A law

enforcement officer, emergency medical technician, or hospital staff member who

takes a newborn infant into custody under the safe haven law must take any action

necessary to protect the health and safety of the newborn infant and, within 24 hours

after taking the newborn infant into custody, must deliver the newborn infant to the

intake worker of the court assigned to exercise jurisdiction under the Children's

Code.

Under current law, a parent who relinquishes custody of a child under the safe

haven law and any person who assists the parent in that relinquishment are immune

from any civil or criminal liability for any good faith act or omission in connection

with the relinquishment. In addition, any law enforcement officer, emergency

medical technician, or hospital staff member who takes a child into custody under

the safe haven law is immune from any civil liability to the child's parents, or any

criminal liability for any good faith act or omission occurring solely in connection

with the act of receiving custody of the child from the child's parents, but is not

immune from any civil or criminal liability for any act or omission occurring in

subsequently providing care for the child.

This bill provides that a newborn infant may also be taken into custody under

the safe haven law if a parent leaves the newborn infant in a newborn infant safety

device, which is a device that is installed in a supporting wall of a hospital, fire

station, or law enforcement agency and that has an exterior point of access allowing

an individual to place a newborn infant inside and an interior point of access allowing

individuals inside the building to safely retrieve the newborn infant. Under the bill,

a hospital, fire station, or law enforcement agency may install a newborn infant

safety device if several criteria are met: