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List of Enacted State Safe Haven Legislation
CWLA Summary for Kansas
Which babies may be relinquished?
- Child must be less than 45 days old and must not have suffered bodily harm.
Who may relinquish a baby?
- Parent or person having lawful custody of the child.
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Protection from Liability:
- No parent or other person having lawful custody shall be prosecuted for abandonment if he or she has surrendered a child in accordance with this law.
Who can accept a relinquished baby?
- Any employee on duty at:
- Fire Station
- City or county health department
- Medical care facility
What are the responsibilities of a Safe Haven?
- Take physical custody of the child.
- Perform any act necessary to protect the health and safety of the child.
- Notify a local law enforcement agency as soon as possible after taking custody of the child.
Is the Safe Haven protected from liability for its actions?
- Yes: No liability for injury to the child resulting from care of the child in their custody.
Care for the Child/Placement for Adoption
- Safe haven takes physical custody of the child.
- Law Enforcement Officer shall take custody of the child as an abandoned child and deliver the child to a facility or person designated by the secretary of the department of social and rehabilitation services.
- An expedited hearing shall be granted on any petition filed in regard to the child.
- Relinquishment may be grounds for the termination of parental rights.
Notes
- Part of an act concerning children and minors; concerning the health, safety and welfare thereof; amending KSA 21-3604, 38-102, 38-614, 38-1529, and KSA 1999 Supp. 38-1583 and 38-1585.
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