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Home > Practice Areas > Baby Abandonment > Other Links and Resources

 
 

List of Enacted State Safe Haven Legislation

CWLA Summary for Oregon

Which babies may be relinquished?
  • Child must be 30 days old or younger, as determined to a reasonable degree of medical certainty.
  • Child must have no evidence of abuse.
Who may relinquish a baby?
  • Parent:
    • Must leave the child in the physical custody of a medical professional at the safe haven.
What are the incentives for a person to relinquish a baby at a Safe Haven?
  • Anonymity:
    • Relinquishing parent is not required to provide any identifying information.
  • Protection from Liability:
    • Affirmative defense to prosecution for abandonment.
Who can accept a relinquished baby?
  • Hospital
  • Birthing Center
  • Physician's office
  • Sheriff's Office
  • Police Station
  • Fire Station
What are the responsibilities of a Safe Haven?
  • Receive the child.
  • Notify the State Office for Services to Children and Families no later than 24 hours after receiving the child.
  • Release the child to the State Office when it is medically appropriate.
  • Provide the State Office with all information the Safe Haven has about the child.
Is the Safe Haven protected from liability for its actions?
  • Yes: Immune from criminal or civil liability for good faith actions.
Care for the Child/Placement for Adoption
  • Child is deemed abandoned for legal purposes (as set forth in existing law ORS 419B.100).
  • State Office for Services to Children and Families is deemed to have protective custody of the child.
  • State office shall comply with the applicable provisions of existing law (ORS 419B) with regard to the child.
Efficacy of Safe Havens - Public Information Campaigns
  • Department of Human Services shall inform the public about the provisions of this law and the affirmative defense.
  • Department may accept gifts, grants, or contributions from any source (public or private) to fund the public information campaign.
Notes
  • Amends ORS 163.535.



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