Access to Adoption Records

Infant's Age
Rev. Stat. § 432B.630

A child who is or appears to be not more than 30 days old may be surrendered.

Who May Relinquish the Infant
Rev. Stat. § 432B.630

A parent of the child may voluntarily deliver the child to an emergency services provider.

Who May Receive the Infant
Rev. Stat. § 432B.630

A provider of emergency services shall take immediate possession of a surrendered child. A ''provider of emergency services'' means:

• A hospital, an obstetric center, or an independent center for emergency medical care
• A public fire-fighting agency
• A law enforcement agency

Responsibilities of the Safe Haven Provider
Rev. Stat. § 432B.630

A provider of emergency services who takes possession of a child shall:

• Perform any act necessary to maintain and protect the physical health and safety of the child
• As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services

If the provider is a public fire-fighting agency or a law enforcement agency, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center, or an independent center for emergency medical care.

Immunity for the Provider
Rev. Stat. § 432B.160

A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph, nor is the provider liable before the provider is informed of the delivery and location of the child pursuant to this subparagraph, or the provider takes physical possession of the child, whichever occurs first.

Protection for Relinquishing Parent
Rev. Stat. §§ 432B.630; 200.508; 201.110

A parent who surrenders a child:

• Must not be required to provide any background or medical information regarding the child, but may voluntarily do so
• Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has surrendered the child:
  • Must not be required to disclose any identifying information, but may voluntarily do so
  • Must be allowed to leave at any time
  • Must not be pursued or followed

A person does not commit abuse, neglect, or endangerment of a child by virtue of the sole fact that he or she delivers or allows the delivery of a child to a provider of emergency services.

A person does not commit contributory neglect of a child by virtue of the sole fact that he or she delivers or induces the delivery of a child to a provider of emergency services.

Effect on Parental Rights
Rev. Stat. § 432B.630

By surrendering the newborn, the parent is releasing the child to the department to be placed for adoption. The department shall initiate court proceedings according to law to place the newborn for adoption, including proceedings to terminate parental rights. The surrendering parent:

• Has 60 days to petition the court to regain custody of the newborn
• May not receive personal notice of the court proceedings begun by the department

By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child.

By failing or refusing to provide an address where he or she can be located, the parent waives any notice of the hearing [for protective custody] to be conducted pursuant to § 432B.470.

Unless the parent contacts the local child welfare agency, action will be taken to terminate his or her parental rights regarding the child.

Contact:

Jann Young
711 East Fifth Street
Carson City, NV 89710
(702) 687-5982
http://dcfs.state.nv.us/page33.html

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