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List of Enacted State Safe Haven Legislation
CWLA Summary for Maryland
Which babies may be relinquished?
- Newborn-defined as 3 days old or younger
Who may relinquish a baby?
- Parent:
- Does not express intent to return for the newborn.
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Anonymity:
- Parent has the right to remain anonymous.
- Protection from Liability:
- Relinquishment will not be considered a criminal act as long as child is unharmed.
Who can accept a relinquished baby?
What are the responsibilities of a Safe Haven?
- Provide child with any necessary care.
- Provide emergency medical care if needed.
- Protect the physical health and safety of the child.
- Notify the local department within 24 hours of accepting the child.
Is the Safe Haven protected from liability for its actions?
- Yes: Hospital personnel immune from any formal action unless harm or injury to the child was caused to the child.
Rights of the Relinquishing Parent
- Natural parent who relinquished child may file a petition to establish parental rights before they have been terminated.
- The court will determine whether it is the best interest of the child to return to the natural parent.
- The court will order genetic testing to establish maternity and/or paternity.
- Local department will investigate and evaluate natural parent to provide recommendation to court.
- Court will make a decision based on the findings and if the natural parent poses a risk to the future safety of the child.
Care for the Child/Placement for Adoption
- Local department shall take custody and control of relinquished child within 24 hours.
- Local department shall perform a thorough search of the Missing Children Information Clearinghouse and state and national resources listing missing children.
- Place child in a 30-day placement.
- After 30 days, local department will file a petition to terminate the parental rights.
Notes
- Crossfiled with House Bill 74
- Bill added to Article - Family Law section 5-7B-01 through 5-7B-04, inclusive, to be under the new subtitle "Subtitle 7B. Newborn Relinquishment."
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