A safer alternative for newborns
California's Safely Surrendered Baby Law allows a parent or legal guardian to leave an infant at a safe surrender site within three days of birth without fear of prosecution for child abandonment. An infant left at a safe surrender site is given medical care and placed in foster care or a pre-adoptive home.
History
In its 2000 session, the California Legislature enacted the Safely Surrendered Baby Law, sometimes known as the Safe Haven Law, as a response to media reports concerning increasing numbers of infant deaths associated with abandoned babies. The law has been amended since its enactment to protect confidentiality, expand the definition of safe surrender sites and require inclusion of relevant information in sex education classes. Legislation making the Safely Surrendered Baby Law permanent was enacted in 2005.
Safe Surrender Process
The person surrendering the child must leave the baby at a designated site within 72 hours of birth. A confidential identification bracelet is placed on the baby's ankle, and the party surrendering the baby is encouraged, but not required, to accept a matching bracelet and to provide family medical history. The safe surrender site notifies county Child Welfare Services (CWS) within 24 hours of the surrender, and CWS takes temporary custody of the child immediately.
Safe Surrender Sites
The California Health & Safety Code defines a safe surrender site as any location designated by a county's board of supervisors to accept the safe surrender of an infant or a location within a private or public hospital that the hospital identifies as a safe surrender site. Initially, only a designated employee at a site was allowed to accept a surrendered child, but the law was broadened in 2003 to remove this requirement.
After Surrender of the Child
CWS begins dependency proceedings after taking custody of the child. During the 14 days after surrender; however, the parent may reclaim the child. CWS conducts a standard investigation to confirm the parent's identity and determine the parent's ability to care for the child. CWS returns the child if there is no risk of abuse or neglect. If the child is not reclaimed or cannot be returned, the baby enters the foster care system.
Use of the Law
From 2001 through 2004, 64 infants were safely surrendered to authorities, according to the California Department of Social Services. Data for subsequent years is not available, because the law required reporting only through 2005. In 2008, the California State Auditor's Office found that the law was not sufficiently publicized to achieve full effectiveness. The Auditor's Office also found that local data reporting regarding safe surrender was often inaccurate because of errors in classifying surrendered and abandoned infants.
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