California Adoption Laws, Page 7
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Infant Safe Haven Laws
Infant’s Age
Statute: Penal Code § 271.5
- 72 hours or younger
Who May Relinquish the Infant
Statute: Penal Code § 271.5- Parent
- Other person having lawful custody
Who May Receive the Infant
Statute: Penal Code § 271.5- A safe-surrender site that includes:
- Public or private hospital
- Any location designated by the County Board of Supervisors
- Public or private hospital
Responsibilities of the Safe Haven Provider
Statute: Health & Safety Code § 1255.7- Provide medical care
- Provide the parent with a medical questionnaire
- Place a coded identification ankle bracelet on the child and offer a matching bracelet to the parent
- Notify child protective services
Immunity for the Provider
Statute: Health & Safety Code § 1255.7
YesProtection for Relinquishing Parent
Statute: Penal Code § 271.5
- No person leaving an infant with a safe haven provider may be prosecuted for abandonment, failure to provide, or desertion.
Effect on Parental Rights
Statute: Health & Safety Code § 1255.7- The department will file a dependency petition.
- The parent has 14 days to reclaim the child.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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