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List of Enacted State Safe Haven Legislation
CWLA Summary for Arkansas
Which babies may be relinquished?
- Child must be less than 30 days old.
Who may relinquish a baby?
- Parent or person designated by parent:
- Parent voluntarily delivers the child or voluntarily arranges for another person to deliver the child to the safe haven.
- Parent does not express an intent to return for the child
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Protection from Liability:
- Affirmative defense to prosecution for endangering the welfare of a minor.
- This does not create a defense to prosecution for any abuse or neglect prior to the delivery of the child to a safe haven.
Who can accept a relinquished baby?
- Medical Provider
- Emergency department of licensed hospital
- Law enforcement agency
What are the responsibilities of a Safe Haven?
- Perform any act necessary to protect the health and safety of the child.
- Take a 72-hour hold of the child.
- Immediately notify the Division of Children and Family Services of the Department of Human Services.
Is the Safe Haven protected from liability for its actions?
- Yes: no civil or criminal liability for good faith acts or omissions.
Care for the Child/Placement for Adoption
- Safe haven takes 72 hour hold of the child.
- Division of Children and Family Services shall initiate a dependency petition.
- Division of Children and Family Services shall use the Missing Children Information Clearinghouse, and any other national and state resources, to determine whether the child is a missing child.
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