List of Enacted State Safe Haven Legislation
CWLA Summary for Indiana
Which babies may be relinquished?
Who may relinquish a baby?
- Child is, or appears to be, not more than 45 days old.
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Knowingly or intentionally left the child with an emergency medical services provider. (In another reference, "voluntarily left the child.")
- Did not express an intent to return for the child.
Who can accept a relinquished baby?
- Relinquisher is not required to disclose the parent's name or their name.
- Protection from Liability:
- Defense to prosecution if child is relinquished in accordance with this law.
What are the responsibilities of a Safe Haven?
- Emergency medical services provider.
Is the Safe Haven protected from liability for its actions?
- Take custody of the child.
- Perform any act necessary to protect the child's physical health or safety.
- Immediately notify local child protection service.
Care for the Child/Placement for Adoption
- No mention of safe haven liability.
- Emergency medical services provider shall, without a court order, take custody of the child.
- Local Child Protection Service shall assume the care, control, and custody of child immediately after receiving notice.
- Child shall be treated as a child taken into custody without a court order except that efforts to locate the child's parents or reunify the child's family are not necessary, if the court makes a finding to that effect.
- Must call the Missing Persons Clearinghouse to insure the child is not a missing child
- Attorney for the County Office of Family and Children shall, without unnecessary delay, request the juvenile court to:
- Authorize the filing of a petition alleging that the child is a child in need of services.
- Hold an initial hearing not later than the next business day after child is taken into custody.
- Emergency medical services provider has the right to be heard at the initial hearing, but court is not required to notify provider of custody proceedings.
- Appoint a guardian ad litem for the child.
- Juvenile Court shall hold an initial hearing on each petition.
- Summons shall be issued for:
- The child
- The child's parent, guardian, custodian, or guardian ad litem
- Any other person necessary for the proceedings
- If the parent of a relinquished child does not disclose the parent's name, the court is not required to notify the parent of court proceedings.
- Initial hearing on petition will be held on the next business day after the emergency medical services provider takes the child into custody. If the court is unavailable for a hearing on the next business day, the hearing must be held not later than the third business day after the child is taken into custody.
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