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List of Enacted State Safe Haven Legislation
CWLA Summary for Minnesota
Which babies may be relinquished?
- Child must be less than 72 hours old, as determined within a reasonable degree of medical certainty.
- Child must be unharmed.
Who may relinquish a baby?
- Mother or person with mother's approval:
- Voluntarily delivers the child to the safe haven.
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Protection from Liability:
- Not subject to prosecution for leaving the child.
Who can accept a relinquished baby?
- Employee at a licensed hospital.
What are the responsibilities of a Safe Haven?
- Must not inquire as to the identity of the mother or person leaving the child or call the police.
- May ask the relinquisher about the medical history of the mother or child.
- Relinquisher is not required to provide any information.
- May provide the relinquisher with information about how to contact relevant social service agencies.
- Must inform the local welfare agency within 24 hours, but not before the relinquisher leaves the hospital.
Is the Safe Haven protected from liability for its actions?
- Yes: No criminal or civil liability for good faith acts related to receiving child.
Rights of the Relinquishing Parent
- Provide Information to Relinquisher:
- Safe haven may provide the relinquisher with information about how to contact relevant social service agencies.
Children's Rights
- Medical Information:
- Safe haven may ask the relinquisher about the medical history of the mother or child.
Care for the Child/Placement for Adoption
- Local Social Service Agency shall take custody of child after discharge from hospital.
- The agency is not required to attempt to reunify child with parents. Additionally, the agency is not required to search for relatives of the child as a placement or permanency option, or to implement other placement requirements that give a preference to relatives if the identity of the child and parents is not known.
- For purposes of legal proceedings, a relinquished child is considered an abandoned child.
Notes
- Amends Minnesota Statutes, chapters 145, 260C, and 609.
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