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HomeMy WebLinkAbout05-07-2013 c3 safely surrendered baby lawcounctL âqenòâ Repopt Meeting Date }':{av 7 )O1? 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. c3-1 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 c3-2 Attachment I fornia Health and Safety Code Section 1255.1 - California Attorney Resources - California Laws Court Opinions US Supreme Court US Tax Court Board of Patent Appeals State Laws Alabama Arizona California Florida Georgia Illinois Indiana Massachusetts Michigan Nevada New Jersey New York Ñorth Carolina Oregon Pennsylvania Texas Virginia'Washington US Code 1 USC - General Provisions 2 USC - The Congress 3 USC - The President 4 USC - Flag and Seal 5 USC - Gov't Organization 6 USC - Domestic Security 7 USC - Agriculture 8 USC - Aliens and Nationality 9 USC - Arbitration 10 USC - Armed Forces 11 USC - Bankruptcy 12 USC - Banks and Banking 13 USC - Census 14 USC - Coast Guard 15 USC - Commerce and Trade )6 USC - Conservation 17 USC - Copyrights 18 USC - Crimes 19 USC - Customs Duties c3-3 20 USC - Educatron 21 USC - Food and Drugs 22USC - Foreign Relations 23 USC - Highways 24 USC - Hospitals 25 USC - Indians 26 USC - Internal Revenue Code 27 USC - Intoxicating Liquors 28 USC - Judiciary 29 USC - Labor 30 USC - Mineral Lands 31 USC - Money and Finance 32 USC - National Guard 33 USC - Navigation 34 USC - Navy (repealed) 35 USC - Patents 36 USC - Patriotic Societies 37 USC - Uniformed Services 38 USC - Veterans'Benefits 39 USC - Postal Service 40 USC - Public Property 41 USC - Public Contracts 42USC - Public Health 43 USC - Public Lands 44 USC - Public Printing 45 USC - Railroads 46 USC - Shipping 47 USC - Telecom 48 USC - Territories 49 USC - Transportation 50 USC - War US Constitution Preamble Art. I - Legislative Art. II - Executive Art. III - Judicial Art. IV - States' Relations Art. V - Mode of Amendment Art. VI - Prior Debts 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 c3-4 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 c3-5 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, c3-6 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. c3-7 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 c3-8 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. c3-10