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Michigan Adoption Laws, Page 7

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Infant Safe Haven Laws

Infant’s Age

Statute: § 712.1

  • 72 hours old or younger

Who May Relinquish the Infant

Statute: § 712.3

  • Parent


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Who May Receive the Infant

Statute: § 712.1

  • Emergency service providers:

    • Fire departments
    • Hospitals
    • Police stations

Responsibilities of the Safe Haven Provider

Statute: §§ 712.3; 712.5

  • Take the child into temporary protective custody
  • Provide the child with any necessary care and transport the child to a hospital if necessary
  • Inform the parent that by surrendering the child, they are relinquishing their rights to the child to a child-placing agency for adoption
  • Provide written material that informs the parent about rights and available services
  • Encourage the parent to provide family and medical information
  • Notify a child-placing agency about the child
  • Make a child protection report if abuse of the child is suspected, or if the examining physician suspects that the child is not a newborn

Immunity for the Provider

Statute: § 712.2

Yes

Protection for Relinquishing Parent

Statute: §§ 712.3; 712.20

  • Any information provided by the parent is not made public.
  • Relinquishment to a safe haven is an affirmative defense to prosecution for injury or abandonment.

Effect on Parental Rights

Statute: § 712.3

  • The parent has 28 days to petition court to regain custody of the child.
  • If a custody petition is not filed, the child-placing agency will file a petition to terminate parental rights.
  • After 28 days, there will be a hearing to terminate parental rights.
  • No notice of the hearing will be given to the parent.

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

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