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Arkansas Adoption Laws, Page 7

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Infant Safe Haven Laws

Infant’s Age

Statute: § 9-34-202

  • 30 days or younger

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Who May Relinquish the Infant

Statute: §§ 9-34-202; 5-27-203(c)

  • Parent
  • Person designated by parent

Who May Receive the Infant

Statute: § 9-34-202

  • Medical provider
  • Law enforcement agency

Responsibilities of the Safe Haven Provider

Statute: §§ 9-34-202; 9-34-203

  • Perform any act necessary to protect the health of the child
  • Immediately notify the Division of Children and Family Services of the Department of Human Resources

Immunity for the Provider

Statute: § 9-34-202

Yes

Protection for Relinquishing Parent

Statute: § 5-27-203(c)

  • It is an affirmative defense to prosecution for endangering the welfare of a minor that the parent voluntarily relinquished the child.
  • This section does not provide a defense for any abuse or neglect that occurred prior to the relinquishment of the child.

Effect on Parental Rights

Statute: § 9-34-203

  • The department will initiate a dependency action [to place the child in a permanent home].

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