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List of Enacted State Safe Haven Legislation

CWLA Summary for Arizona

Which babies may be relinquished?
  • "Newborn Infant:" Infant who is 72 hours old or younger (safe haven provider reasonably believes the child to be less than 72 hours old)
Who may relinquish a baby?
  • Parent or agent of parent:
    • Parent or agent of parent must voluntarily deliver child to the safe haven.
    • Parent did not express an intent to return for the child.
What are the incentives for a person to relinquish a baby at a Safe Haven?
  • Anonymity:
    • Parent or agent of parent may remain anonymous and is not required to answer any questions.
  • Protection from Liability:
    • Relinquisher not guilty of abuse solely for relinquishing child in accordance with this act.
Who can accept a relinquished baby?
  • Firefighter on duty;
  • Emergency Medical Service Technician on duty;
  • Staff member at a Health Care Institution
    • Defined as a Hospital or an Outpatient Treatment Center by the Department of Health Services;
  • Staff member at any of the following that posts a public notice that it is willing to accept an abandoned child:
    • Private Child Welfare Agency
    • Licensed Adoption Agency
    • Church
What are the responsibilities of a Safe Haven?
  • Notify Child Protective Services as soon as practicable after receiving the child.
  • Offer written information about information and referral organizations.
Is the Safe Haven protected from liability for its actions?
  • Yes: Not liable if safe haven provider acts in good faith without gross negligence.
Rights of the Relinquishing Parent
  • Provide Information to Relinquisher:
    • Safe haven shall provide information about information and referral organizations.
Care for the Child/Placement for Adoption
  • Safe haven takes custody of the child.
Long-Term Solutions
  • Child Protective Services shall submit an annual report by December 31 on the number of children delivered to safe haven providers.
    • Report goes to the Governor, President of Senate, Speaker of the House of Representatives.
    • A copy must be provided to the Secretary of State and the Director of the Arizona State Library.
  • Amends Section 8-526, ARS and Title 13, Chapter 26, ARS.

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