HomeMy WebLinkAbout05-07-2013 c3 safely surrendered baby lawcounctL
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Meeting Date
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Item Number C3
FROM:
Prepared By:
CITY OF SAN LUTS OBISPO
Charlie Hines, Fire Chief
Julie Cox, Administrative Analyst
SUBJECT: SAFELY SURRENDER BABY LAV/
RECOMMENDATION
Approve Fire Stations as authorized location to safely surrender newborn babies.
DISCUSSION
Background
The Safely Surrender Baby Law (SSB) was implemented on January I,2011, with the intent to
prevent harm and possible death to newboms. Govemor Schwarzenegger signed legislation
extending the SSB Law permanently, as of January I,2006.
The SSB law (California Health and Safety Code, section 1255.7) provides a safe altemative for the
surrender of a newborn baby in specified circumstances. Under the SSB law, a parent or person
with lawful custody can safely surrender a baby confidentially, and without fear of prosecution,
within T2hours of birth.
Currently, within San Luis Obispo County there are four locations recognized by the State as Safe
Surrender Sites: French Hospital, Sierra Vista Hospital, Twin City Hospital, Arroyo Grande
Community Hospital.
Process
At the time of surrender, a bracelet is placed on the baby for identification purposes and a matching
bracelet provided to the parent or lawful guardian, in case the baby is reclaimed. A parent or person
with lawful custody has up to 14 days from the time of surrender to reclaim the baby.
A medical questionnaire must be offered, however it is a voluntary document and can be declined.
The questionnaire is offered solely for the purpose of collecting medical information critical to the
health and survival of the infant. All identifying information that pertains to the parent or individual
who surrenders a child is strictly confidential.
FISCAL IMPACT
There is no additional funding needed for the Fire Department to operate the program. SSB posters
and brochures are available, free of charge. Existing staff of the Fire Department will be assigned to
the program.
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Report Title Page 2
ALTERNATIVES
Do not approve the four Fire Stations as a designated location, or only approve Fire Station 1
ATTACHMENTS
1. California Health and Safet)¡ Code. section 1255.7
2. Safely Surrender Bab)¡ Law Fast Facts
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Attachment I
fornia Health and Safety Code Section 1255.1 - California Attorney Resources - California Laws
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Art VII - RatificationCalifornia Health and Safety Code Section1255.l
Legal Research Home > California Laws > Health and Safety Code >
California Health and Safety Code Section 1255.7
1255.7. (a) (1) For purposes of this section, "safe-surrender site"
means either of the following:
(A) A location designated by the board of supervisors of a county
or by a local fire agerrcy, upon the approval of the appropriate local
governing body of the agency, to be responsible for accepting
physical custody of a minor child who is 72 hours old or younger from
a parent or individual who has lawful custody of the child and who
surrenders the child pursuant to Section 271.5 of the Penal Code.
Before designating a location as a safe-surrender site pursuant to
this subdivision, the designating entity shall consult with the
governing body of a city, if the site is within the city limits, and
with representatives of a fire department and a child welfare agency
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that may provide services to a child who is surrendered at the site,
if that location is selected.
(B) A location within a public or private hospital that is
designated by that hospital to be responsible for accepting physical
rdy of a minor child who is 72 hours old or younger from a parent
c'. rndividual who has lawful custody of the child and who surrenders
the child pursuant to Section 271.5 of the Penal Code.
(2) For purposes of this section, "parent" means a birth parent of
a minor child who is 72 hours old or younger.
(3) For purposes of this section, "personnel" means a person who
is an officer or employee of a safe-surrender site or who has staff
privileges at the site.
(4) A hospital and a safe-surrender site designated by the county
board of supervisors or by a local fire agency, upon the approval of
the appropriate local goveming body of the agency, shall post a sign
displaying a statewide logo that has been adopted by the State
Department of Social Services that notifies the public of the
location where a minor chlldT2 hours old or younger may be safely
surrendered pursuant to this section.
(b) Personnel on duty at a safe-surrender site shall accept
physical custody of a minor childT2 hours old or younger pursuant to
this section if a parent or other individual having lawful custody
of the child voluntarily surrenders physical custody of the child to
personnel who are on duty at the safe-surrender site. Safe-surrender
site personnel shall ensure that a qualified person does all of the
following:
t I ) Places a coded, confidential ankle bracelet on the child.
.¡ Provides, or makes a good faith effort to provide, to the
parent or other individual surrendering the child a copy of a unique,
coded, confidential ankle bracelet identification in order to
facilitate reclaiming the child pursuant to subdivision (f). However,
possession of the ankle bracelet identification, in and of itself,
does not establish parentage or a right to custody of the child.
(3) Provides, or makes a good faith effort to provide, to the
parent or other individual surrendering the child a medical
information questionnaire, which may be declined, voluntarily filled
out and retumed at the time the child is surrendered, or later
filled out and mailed in the envelope provided for this purpose. This
medical information questionnaire shall not require identifying
information about the child or the parent or individual surrendering
the child, other than the identification code provided in the ankle
bracelet placed on the child. Every questionnaire provided pursuant
to this section shall begin with the following notice in no less than
12-point type:
NOTICE: THE BABY YOU HAVE BROUGHT IN TODAY MAY HAVE SERIOUS
MEDICAL NEEDS IN THE FUTURE THAT V/E DON'T KNOW ABOUT TODAY. SOME
ILLNESSES, INCLUDING CANCER, ARE BEST TREATED WHEN WE KNOW ABOUT
FAMILY MEDICAL HISTORIES. IN ADDITION, SOMETIMES RELATIVES ARE NEEDED
FOR LIFE-SAVING TREATMENTS. TO MAKE SURE THIS BABY WILL HAVE A
r'-- \LTHY FUTURE, YOUR ASSISTANCE IN COMPLETING THIS QUESTIONNAIRE, ^/,LY IS ESSENTIAL. THANK YOU.
(c) Personnel ofa safe-surrender site that has physical custody
of a minor child pursuant to this section shall ensure that a medical
screening examination and any necessary medical care is provided to
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the minor child. Notwithstanding any other provision of law, the
consent of the parent or other relative shall not be required to
provide that care to the minor child.
(d) (i) As soon as possible, but in no event later than 48 hours
after the physical custody of a child has been accepted pursuant to
this section, personnel of the safe-surrender site that has physical
custody of the child shall notify child protective services or a
county agency providing child welfare services pursuant to Section
16501 of the Welfare and Institutions Code, that the safe-surrender
site has physical custody of the child pursuant to this section. In
addition, medical information pertinent to the child's health,
including, but not limited to, information obtained pursuant to the
medical information questionnaire described in paragraph (3) of
subdivision (b) that has been received by or is in the possession of
the safe-surrender site shall be provided to that child protective
services or county agerncy.
(2) Any personal identifying information that pertains to a parent
or individual who surrenders a child that is obtained pursuant to
the medical information questionnaire is confidential and shall be
exempt from disclosure by the child protective services or county
agency under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Govemment Code). Personal identifying information that pertains to a
parent or individual who surrenders a child shall be redacted from
any medical information provided to child protective services or the
county agency providing child welfare services.
(e) Child protective services or the county agency providing child
welfare services pursuant to Section 16501 of the Welfare and
Institutions Code shall assume temporary custody of the child
pursuant to Section 300 of the V/elfare and Institutions Code
immediately upon receipt of notice under subdivision (d). Child
protective services or the county agency providing child welfare
services pursuant to Section 16501 of the'Welfare and Institutions
Code shall immediately investigate the circumstances of the case and
file a petition pursuant to Section 31 1 of the Welfare and
Institutions Code. Child protective services or the county agency
providing childwelfare services pursuant to Section 16501 of the
Welfare and Institutions Code shall immediately notify the State
Department of Social Services of each child to whom this subdivision
applies upon taking temporary custody of the child pursuant to
Section 300 of the'Welfare and Institutions Code. As soon as
possible, but no later than 24 hours after temporary custody is
assumed, child protective services or the county agency providing
child welfare services pursuant to Section 16501 of the'Welfare and
Institutions Code shall report all known identifying information
conceming the child, except personal identifying information
pertaining to the parent or individual who surrendered the child, to
the California Missing Children Clearinghouse and to the National
Crime Information Center.
(f) If, prior to the filing of a petition under subdivision (e), a
parent or individual who has voluntarily surrendered a child
pursuant to this section requests that the safe-surrender site that
has physical custody of the child pursuant to this section return the
child and the safe-surrender site still has custody of the child,
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personnel of the safe-surrender site shall either retum the child to
the parent or individual or contact a child protective agency if any
personnel at the saf'e-surrender site knows or reasonably suspects
that the child has been the victim of child abuse or neglect. The
ntary surrender of a child pursuant to this section is not in and
o. rtself a sufficient basis for reporting child abuse or neglect.
The terms "child abuse," "child protective agency," "mandated
reporter," "neglect," and "reasonably suspects" shall be given the
same meanings as in Article 2.5 (commencing with Section 11164) of
Title I of Part 4 of the Penal Code.
(g) Subsequent to the filing of a petition under subdivision (e),
if within 14 days of the voluntary surrender described in this
section, the parent or individual who surrendered custody returns to
claim physical custody of the child, the child welfare agency shall
verify the identity of the parent or individual, conduct an
assessment of his or her circumstances and ability to parent, and
request that the juvenile court dismiss the petition for dependency
and order the release of the child, if the child welfare agency
determines that none of the conditions described in subdivisions (a)
to (d), inclusive, of Section 319 of the Welfare and Institutions
Code currently exist.
(h) A safe-surrender site, or the personnel ofa safe-surrender
site, shall not have liability of any kind for a surrendered child
prior to taking actual physical custody of the child. A
safe-surrender site, or personnel ofthe safe-surrender site, that
accepts custody ofa surrendered child pursuant to this section shall
n^t be subject to civil, criminal, or administrative liability f'or
lpting the child and caring for the child in the good faith belief
that action is required or authorized by this section, including,
but not limited to, instances where the child is older than72 hours
or the parent or individual surrendering the child did not have
lawful physical custody of the child. A safe-surrender site, or the
personnel of a safe-surrender site, shall not be subject to civil,
criminal, or administrative liability for a surrendered child prior
to the time that the site or its personnel know, or should know, that
the child has been surrendered. This subdivision does not confer
immunity from liability for personal injury or wrongful death,
including, but not limited to, injury resulting from medical
malpractice.
(Ð (1) In order to encourage assistance to persons who
voluntarily surender physical custody of a child pursuant to this
section or Section 271.5 of the Penal Code, no person who, without
compensation and in good faith, provides assistance for the purpose
of effecting the safe surrender of a minor 72 hours old or younger
shall be civilly liable for injury to or death of the minor child as
a result of his or her acts or omissions. This immunity does not
apply to an act or omission constituting gross negligence,
recklessness, or willful misconduct.
(2) For purposes of this section, "assistance" means transporting1' ginor child to the safe-surrender site as a person with lawful
. lody, or transporting or accompanying the parent or person with
lawful custody at the request of that parent or person to effect the
safe surrender, or performing any other act in good faith for the
purpose of effecting the safe surrender of the minor.
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O For purposes of this section, "lawful custody" means physical
custody of a minor 72 hours old or younger accepted by a person from
a parent of the minor, who the person believes in good faith is the
parent of the minor, with the specific intent and promise of
effecting the safe surrender of the minor.
(k) AnV identifying information that pertains to a parent or
individual who surrenders a child pursuant to this section, that is
obtained as a result of the questionnaire describedinparagraph (3)
of subdivision (b) or in any other manner, is confidential, shall be
exempt from disclosure under the California Public Records Act
(Chapter3.5 (commencingwith Section6250) of Division 7 of Title 1
of the Government Code), and shall not be disclosed by any personnel
of a safe-surrender site that accepts custody of a child pursuant to
this section.
Section: Previous 1255 1255.1 1255.2 1255.25 1255.3 1255.5 1255.6
1255.7 1255.8 1256 1256.01 1256.1 1256.2 1257 1251.5 Next
Last modified: February 22,2013
Business Contracts
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Attachment 2
Safely Surrendered Baby Law Fast Facts
Background
The Safelv Surrendered Babv Law (SSB) was implemented on January 1,2001, with the
intent to prevent harm and possible death to newborns. Governor Schwarzenegger signed
leqislation extendinq the SSB Law permanently, as of January 1, 2006.
Statewide Statistics
From January 1,2001 - March 31,2011,407 newborns have been safelysurrendered in
California while another 151 have been found alive following their illegal abandonment. As
of March 31,2011;11 have been safely surrendered in California for 2011.
The Law
The SSB law (California Health and Safety Code, section 1255.7) provides a safe
alternative for the surrender of a newborn baby in specified circumstances. Under the SSB
law, a parent or person with lawful custody can safely surrender a baby confidentially, and
without fegr of prosecution, within 72 hours of birth.
The SSB law requires the baby be taken to a public or private hospital, designated fire
station or other safe surrender site, as determined by the local County Board of
Supervisors. No questions will be asked and California Penal Code Section 271.5 protects
surrendering individuals from prosecution of abandonment.
The Process
At the time of surrender, a bracelet is placed on the baby for identification purposes and a
matching bracelet provided to the parent or lawful guardian, in case the baby is reclaimed
A parent or person with lawful custody has up to 14 days from the time of surrender to
reclaim their baby.
A medical questionnaire must be offered,however it is a voluntarv document and can be
declined. The questionnaire is offered solely for the purpose of collecting medical
information critical to the health and survival of the infant. All identifying information that
pertains to a parent or individual who surrenders a child is strictly confidential.
Additional lnformation
SSB posters and brochures are available, free of charge, to requesting individuals and
organizations. Visit our Web site at http://www.babysafe.ca.gov/for more information.
ln addition to California, all 50 states have such laws in place to discourage baby
abandonment.
Assembly Bill 1983 (Chapter587,2010) has now provided foran outreach fundinggq$rce
Attachment 2
through a voluntary contribution to fund SSB outreach on your state income tax form.
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