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List of Enacted State Safe Haven Legislation
CWLA Summary for New Mexico
Which babies may be relinquished?
- "Infant:" Child no more than 90 days old, as determined within a reasonable degree of medical certainty.
Who may relinquish a baby?
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Protection from Liability:
- Not subject to prosecution for abandonment or abuse if the child was not harmed when it was left at a hospital.
Who can accept a relinquished baby?
- Staff of a licensed hospital or health care clinic.
What are the responsibilities of a Safe Haven?
- Accept the child.
- May ask the relinquisher for the parents' names, the child's name, and the child's medical history.
- Relinquisher is not required to provide information.
- Any information provided is confidential.
- Hospital is deemed to have received consent for medical services provided to the child.
- In conjunction with the Children, Youth and Families Department, develop procedures for appropriate staff to accept and provide necessary medical services to a child left at the hospital and the person leaving the child, if necessary.
- May provide the relinquisher with:
- Information about adoption services.
- Brochures or telephone numbers for agencies that provide adoption services or counseling.
- Written information about whom to contact at the Children, Youth, and Families Department if the parent decides to seek reunification.
- Inform the Children, Youth and Families Department about the child no later than 24 hours after receiving the child.
Is the Safe Haven protected from liability for its actions?
- Yes: Immune from criminal and civil liability for accepting the child.
Rights of the Relinquishing Parent
- Provide Information to Relinquisher:
- Safe haven may provide the relinquisher with:
- Information about adoption services.
- Brochures or telephone numbers for agencies that provide adoption services or counseling.
- Written information about whom to contact at the Children, Youth, and Families Department if the parent decides to seek reunification.
- Procedure to Reclaim Custody:
- If a person seeks reunification and their DNA matches the child's, he/she has standing to participate in proceedings regarding the child.
- Must seek reunification within 30 days of the date the child was left at the hospital.
Children's Rights
- Medical Information:
- Safe haven may ask the relinquisher for the child's medical history.
- Relinquisher is not required to provide information.
- Identifying Information:
- Safe haven may ask the relinquisher for the parents' names and the child's name.
- Relinquisher is not required to provide information.
Care for the Child/Placement for Adoption
- Children, Youth and Families Department shall be deemed to have immediate custody of the child.
- Conduct an investigation according to the provisions of the Abuse and Neglect Act.
- Make reasonable efforts to determine whether the infant is an Indian child. If the child is an Indian, placement shall follow the law regarding Indian child placement preferences.
- Child shall be deemed eligible and enrolled for Medicaid.
Efficacy of Safe Havens - Public Information Campaigns
- Children, Youth and Families Department shall perform public outreach to educate the public about the Safe Haven program, including developing literature about the program and distributing it to hospitals.
Notes
- Amends and enacts sections of the NMSA 1978.
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