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List of Enacted State Safe Haven Legislation
CWLA Summary for Nevada
Which babies may be relinquished?
- Child is or appears to be not more than 30 days old.
Who may relinquish a baby?
- Parent:
- Voluntarily delivers the child.
- Must leave the child in the physical possession of an employee or must leave the child on the property of the provider in a manner and location that will not threaten the child and immediately contact the provider to inform provider of the location of the child.
- Does not express an intent to return for the child.
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Protection from Liability:
- Not in violation of the law simply by virtue of delivering a child to a safe haven.
Who can accept a relinquished baby?
- Emergency services provider:
- Hospital, obstetric center or independent center for emergency medical care
- Public fire-fighting agency
- Law enforcement agency
What are the responsibilities of a Safe Haven?
- If possible, inform the parent that:
- By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child.
- By failing or refusing to provide an address, the parent waives any notice of hearings.
- Unless the parent contacts the local agency, which provides protective services, action will be taken to terminate parental rights.
- Must not require parent to provide background or medical information.
- Parent may voluntarily provide information.
- Must not require parent to provide identifying information.
- Parent may voluntarily provide information.
- Must not pursue or follow the parent.
- Perform any act necessary to protect the health and safety of the child.
- Parent shall be deemed to have given consent for services and care.
- If the safe haven is a fire-fighting or law enforcement agency, deliver the child to a hospital, obstetric center or emergency care center.
- Report the possession to an agency that provides protective services as soon as reasonably practicable, but not later than 24 hours after taking possession of the child.
Is the Safe Haven protected from liability for its actions?
- Yes: Immune from criminal and civil liability for good faith acts.
Rights of the Relinquishing Parent
- Provide Information to Relinquisher:
- If possible, safe haven shall inform the parent that:
- By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child.
- By failing or refusing to provide an address, the parent waives any notice of hearings.
- Unless the parent contacts the local agency that provides protective services, action will be taken to terminate parental rights.
Children's Rights
- Medical Information:
- Parent may voluntarily provide medical information.
- Identifying Information:
- Parent may voluntarily provide identifying information.
Care for the Child/Placement for Adoption
- Agency shall immediately place the child in protective custody.
- Not required to make efforts to preserve or reunify the family.
- If location of the relinquishing parent is unknown, parent shall be deemed to have waived any notice of hearings.
- Publish a summons to the hearing to terminate parental rights in a local newspaper once a week for 3 consecutive weeks.
- If the parent fails to appear in court after this notice has been published, the parent shall be deemed to have waived any further notice of the proceedings.
- Child is not abused or neglected solely based on relinquishment.
Fathers' Rights
- Publish Notice:
- Publish a summons to the hearing to terminate parental rights in a local newspaper once a week for 3 consecutive weeks.
Notes
- Amends NRS Chapter 432B, 432B.020, 432B.160, and 432B.330.
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