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If I want to leave my baby where can I go?
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Do I have to take my
baby to the
closest hospital?
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How long can I wait
before I take my baby to the hospital?
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Do I have to take my baby to the hospital, or can someone else?
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What will the people at the hospital ask me? Do I have to leave my name?
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Is it true
that the police will not be called?
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What
happens to my baby
after I leave the hospital?
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What if I
change my mind
and want my baby back?
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Where are the
hospitals
in California?
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Tell me about about the
Crisis Hotline?
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How can I learn more
about what's going on in California,
and what I can do to help?
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California Law
You may go to the emergency room of any
hospital in the state
of California and leave your baby with an employee. Hospital employees
usually wear name badges, either clipped to a pocket, or hanging from their
neck Tell the person with whom you are
leaving your baby that you want to leave your newborn with "Safe Arms for Newborns."
No, you can take your baby to
any of the places mentioned
in the question above.
If you aren’t sure where the hospitals are in
California, scroll down this page and click on the link that says, "Click Here to
Find a Hospital in California." This link will bring you to
a list of hospitals, organized by
city. Click on the city that you wish to go to to see a list of
hospitals in that city. The list includes the address and telephone
number of each hospital.
Your baby can be up to
3 days old.
According to the new law, a
parent or other person having lawful custody
(see law) can leave their newborn at a hospital.
An agent of the parent means someone who is acting with your permission, can
bring your baby to leave with the safe haven program.
First of all, it's important for you to know
that you don't have to tell the
people at the
hospital your name, (click to see law) or anything else. It is also important to
understand that no
one is
going to try to find out who you are.
The people at the hospital will probably
ask you a few questions. Remember, no one is trying to trap you, or discover your
identity. Each hospital will do things a little differently, but most will offer you the
opportunity to provide some health information. This background, called a
"medical history," will be incredibly valuable for your baby as he or she grows up.
If you like, you could download a Medical History
questionnaire from this website and fill it out before you take your baby in. This information will not be made
public, but will be put in your baby’s records, and may help answer health
questions in the future.
The hospital may offer you a
medical ID bracelet that will match one given to your child. The hospital may also offer you a
packet of information, and explain a few things to you. Again, no
one is trying to stop you, but rather provide you with information that may
be helpful to you. Whatever information you provide to the person receiving your child will
be kept strictly confidential.
Confidentiality is as important to
the person receiving your child as it is to you.
When you're scared, it can be hard to believe
that there are people out there who care and want to help, but you know what?
There are people out there who care and want to help you.
The new law says that if a parent or other person having lawful custody
leaves their baby, less than 3 days old with a hospital employee at a
hospital emergency room uses this program, he or she may not be prosecuted
(see law).
The hospital will take care of any medical
needs your baby may have. They will then contact its County Social Services.
Social Services will place your
baby in foster care, and after a period
of time has passed (that time varies, depending on the county, but usually a few
weeks) your baby will be eligible to be adopted. So many wonderful people
are ready and waiting to receive a child into their home through adoption.
This question brings up an important point.
When you relinquish your baby at a hospital, you are also releasing your parental rights. That is why the hospital
contacts its County Social Services department - Social Services will obtain
custody of the baby, and place the child in foster care. After a period of time
that ranges from a few weeks to a few months, depending on the County, the child
will be adopted.
The new law give the parent 14 days to change
your mind. If you wish to reclaim your child, you can start by
returning to the hospital, or contacting Social Services. The
child welfare agency will first verify that you are the parent of the
child. They will assess your circumstances, and your ability to
parent. If all goes well, the agency will request that the juvenile
court order the release of the child. This may seem intimidating, by
try to look at it this way... when you release your baby to the hospital and
the county obtains custody of your baby, they are going to do everything
they can to be certain that your child is well cared for. You may wish
to read this part of the
new law.
This link will bring you to
a list of California cities that
have hospitals, with links to the address and telephone
number of the hospital(s). Use your web browser "back" button to return to this
site.
Tell me about the Crisis Line?
The Telephone Crisis lines are
available 24 hours a day, 7 days a week. If you would like to speak
with someone, call:
Toll Free:
1-2-SAFE-ARMS
(1-877-272-3327)
or
Toll Free: 1-877-440-2229
If you are interested in learning more about
the program, please see the contact information listed below.
Who can I contact to learn more information about Garden of Angels
(California) Safe Place for Newborns (Minnesota), or to find out how I can help?
In California, you can contact
Garden of Angels and Safe Arms for Newborns at:
Debi Faris
Founder and Director, Garden of Angels
PO Box 1776
Yucaipa, CA 92399
(909) 797-8599
(909) 797-9657
Web Page:
www.gardenofangels.org
Email:
Garden of Angels
Los Angeles County Task Force -
Safely
Surrendered Law
To contact Safe Place for Newborns in Minnesota:
Laure Krupp,
Executive Director, Safe Place for Newborns
120 South Sixth Street, Suite 1150
Minneapolis, MN 55402
(612) 317-2895
(612) 317-2899
fax
Email:
safeplace@safeplacefornewborns.com
Web Page:
http://www.safeplacefornewborns.com
(Added to Health and Safety Code) 1255 .7:
(a) (1) A person designated pursuant to Section 271.5 of the Penal
Code shall take physical custody of a minor child 72 hours
old or younger pursuant to this section if the
parent or other
person having lawful custody of the child voluntarily surrenders
physical custody of the child to that person. The person designated shall
place a coded, confidential ankle bracelet on the child and provide, or make
a good faith effort to provide, the parent or other person surrendering the
child a copy of a unique, coded, confidential ankle bracelet identification
in order to facilitate reclaiming the child pursuant to subdivision (e).
(2) The person designated shall provide, or make a good faith effort to
provide, the parent or other person surrendering the child a medical
information questionnaire, which may be declined, voluntarily filled out and
returned 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 any identifying information about the child
or the parent or person 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 WE 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 HEALTHY
FUTURE, YOUR ASSISTANCE IN COMPLETING THIS QUESTIONNAIRE FULLY IS ESSENTIAL.
THANK YOU.
(b) A person taking physical custody of a minor child pursuant to this
section shall provide a medical screening examination and any necessary
medical care to 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.
(c) As soon as possible, but in no event later than 48 hours after taking
custody of a child, a person who takes physical custody of a child under
this section 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 person has physical custody
of the child pursuant to this section.
(d) 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 Welfare and Institutions Code
immediately on receipt of notice under subdivision (c). 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 311 of the Welfare and Institutions Code.
Child protective services or the county agency providing child welfare
services pursuant to Section 16501 of the Welfare and Institutions
Code shall immediately notify the State Department of Social
Services of each such child upon taking temporary custody of the child
pursuant to Section 300 of the Welfare and Institutions Code.
(e) If, prior to the filing of a petition under subdivision (d), a person
who has voluntarily surrendered a child pursuant to this section requests
that the hospital return the child, and the hospital still has custody of
the child, the hospital shall either return the child to the person or
contact a child protective agency if a health practitioner at the hospital
knows or reasonably suspects that the child has been the victim of child
abuse or neglect. The voluntary surrendering of a child pursuant to this
section is not in and of itself a sufficient basis for reporting child abuse
or neglect. The terms "child abuse," "child protective agency," "health
practitioner," "neglect," and "reasonably suspects" shall be given the same
meanings as in Article 2.5 (commencing with Section 11164) of Part 4 of
Title 1 of the Penal Code.
(f) Subsequent to the
filing of a petition under subdivision (d), if within 14 days of the
voluntary surrender described in this section the person who surrendered
custody returns to claim physical custody of the child, the child welfare
agency shall verify the identity of the person, conduct an assessment of the
person's 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.
(g) No person or entity that accepts a surrendered child shall be subject
to civil, criminal, or administrative liability for accepting 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 than 72 hours or the person surrendering the child did
not have lawful physical custody of the child. The provision does not confer
immunity from liability for personal injury or wrongful death, including,
but not limited to, injury resulting from medical malpractice.
(h) This section shall be repealed on January 1, 2006, unless a later
enacted statute extends or repeals that date.
(Added to Penal Code) 271.5:
(a) No parent
or other person having lawful custody of a minor child 72 hours old or
younger may be prosecuted for a violation of Section 270,
270.5, 271, or 271a if he or she voluntarily surrenders
physical custody of the child to any employee,
designated pursuant to this section, on duty at a public or private hospital
emergency room or any additional location designated by the county board of
supervisors by resolution. Each such hospital or other designated entity
shall designate the classes of employees required to take custody of these
children.
(b) This section shall be repealed on January 1, 2006, unless a later
enacted statute extends or deletes that date.
(Amended to Welfare and Institutions Code) 300:
Any child who comes within any of the following descriptions is within
the jurisdiction of the juvenile court which may adjudge that person to be a
dependent child of the court:
(g) The child has been left without any provision for support; physical
custody of the child has been voluntarily surrendered pursuant to Section
1255.7 of the Health and Safety Code and the child has not
been reclaimed within the 14-day period specified in subdivision (e) of that
section; the child's parent has been incarcerated or institutionalized and
cannot arrange for the care of the child; or a relative or other adult
custodian with whom the child resides or has been left is unwilling or
unable to provide care or support for the child, the whereabouts of the
parent are unknown, and reasonable efforts to locate the parent have been
unsuccessful.
(Amended to Welfare and Institutions Code)
309:
(a) Upon delivery to the social worker of a child who has been taken into
temporary custody under this article, the social worker shall immediately
investigate the circumstances of the child and the facts surrounding the
child's being taken into custody and attempt to maintain the child with the
child's family through the provision of services. The social worker shall
immediately release the child to the custody of the child's parent,
guardian, or responsible relative unless one or more of the following
conditions exist:
(5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to Section
1255.7 of the Health and Safety Code and did not reclaim
the child within the 14-day period specified in subdivision (e) of that
section.
309 .
a) Upon delivery to the social worker of a child who has been taken into
temporary custody under this article, the social worker shall immediately
investigate the circumstances of the child and the facts surrounding the
child's being taken into custody and attempt to maintain the child with the
child's family through the provision of services. The social worker shall
immediately release the child to the custody of the child's parent,
guardian, or responsible relative unless one or more of the following
conditions exist:
(b) In any case in which there is reasonable cause for believing that a
child who is under the care of a physician or surgeon or a hospital, clinic,
or other medical facility and cannot be immediately moved is a person
described in Section 300, the child shall be deemed to have been taken into
temporary custody and delivered to the social worker for the purposes of
this chapter while the child is at the office of the physician or surgeon or
the medical facility.
(Amended) to Welfare and Institutions Code) 361 .5:
(a) Except as provided in subdivision (b) of this section or
when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social Services,
or upon the establishment of an order of guardianship pursuant to Section
360, whenever a child is removed from a parent's or guardian's custody, the
juvenile court shall order the social worker to provide child welfare
services to the child and the child's mother and statutorily presumed father
or guardians. Upon a finding and declaration of paternity by the juvenile
court or proof of a prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and the
biological father, if the court determines that the services will benefit
the child. Child welfare services, when provided, shall be provided as
follows:
(9) That the child has been found to be a child described in subdivision
(g) of Section 300, that the parent or guardian of the child willfully
abandoned the child, and the court finds that the abandonment itself
constituted a serious danger to the child; or that the parent or other
person having custody of the child voluntarily surrendered physical custody
of the child pursuant to Section 1255.7 of the Health and Safety
Code. For the purposes of this paragraph, "serious danger" means
that without the intervention of another person or agency, the child would
have sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, "willful abandonment" shall not be construed
as actions taken in good faith by the parent without the intent of placing
the child in serious danger.
The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12), (13),
or (14) of subdivision (b) unless the court finds, by clear and convincing
evidence, that reunification is in the best interest of the child.
(Added to Welfare and Institutions Code) 14005 .24.
(a) The department shall instruct
counties, by means of an all county letter or similar instruction, as to the
process that is to be used to ensure that each child, physical custody of
whom has been voluntarily surrendered pursuant to Section 1255.7 of the
Health and Safety Code, shall be determined eligible for
benefits under this chapter for, at a minimum, a period of time commencing
on the date physical custody is surrendered and ending on the earliest of
the following dates:
(1) The last day of the month
following the month in which the child was voluntarily surrendered under
Section 1255.7 of the Health and Safety Code.
(2) The date the child is
reclaimed under Section 1255.7 of the Health and Safety Code.
(3) The date the child ceases to
reside in California.
(b) This section shall be
repealed on January 1, 2006, unless a later enacted statute extends or
deletes that date.
Signed by Governor - September 28, 2000
**Disclaimer:
This partial
representation of California law MUST NOT be considered an OFFICIAL
representation.
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