Newborn infant safety devices under the safe haven law

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:

1. The hospital or law enforcement agency building is staffed 24 hours per day and the fire station is staffed 24 hours per day with an emergency medical technician.

2. The device is physically part of the hospital, fire station, or law enforcement agency building.

3. The device is temperature controlled and ventilated for the safety of newborns.

4. The device is equipped with a dual alarm system connected to the physical location of the device that automatically triggers an alarm inside the building when a newborn infant is placed in the device.

5. The device is equipped with a surveillance system that allows employees of the hospital, fire station, or law enforcement agency to monitor the inside of the device 24 hours per day.

6. The device is located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, fire station, or law enforcement agency.

Under the bill, a hospital, fire station, or law enforcement agency that uses a newborn infant safety device to accept surrendered newborn infants must use the surveillance system to monitor the inside of the device 24 hours per day, physically check the device at least twice daily, and test the device at least weekly to ensure that the alarm system is in working order.