Massachusetts Adoption Laws, Page 7

Infant Safe Haven Laws

Infant’s Age

Statute: Ch. 119, § 391/2

  • Any newborn infant 7 days of age or less

Who May Relinquish the Infant

Statute: Ch. 119, § 391/2

  • A parent

Who May Receive the Infant

Statute: Ch. 119, § 391/2

  • A 'designated facility':

    • Hospitals
    • Police departments
    • Manned fire stations

Responsibilities of the Safe Haven Provider

Statute: Ch. 119, § 391/2

  • Immediately notify the department
  • Make every effort to solicit the following information from the parent:

    • The name of the newborn infant
    • The name and address of the parent placing the infant
    • The location of the infant's birthplace
    • Information relevant to the infant's medical history, and his or her biological family's medical history, if available
    • Any other information that might reasonably assist the department in determining the best interests of the infant

Immunity for the Provider

Not addressed in statutes reviewed

Protection for Relinquishing Parent

Statute: Ch. 119, § 391/2

  • Voluntary relinquishment shall not by itself constitute either a finding of abuse or neglect of a violation of the criminal statute for child abuse, neglect, or abandonment.
  • Voluntary relinquishment shall not constitute an automatic termination of parental rights.
  • The parent is not required to supply any other information requested above.

Effect on Parental Rights

Statute: Ch. 119, § 391/2

  • The department shall accept the infant for placement in foster care.
  • The department shall initiate all actions authorized by law to achieve the safety and permanent placement of the infant in a manner consistent with the best interests of the child.
  • The department shall initiate a petition to terminate parental rights.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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