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California Adoption Laws, Page 7

Infant Safe Haven Laws

Infant’s Age

Statute: Penal Code § 271.5

  • 72 hours or younger
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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

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

Yes

Protection 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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