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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 Florida?
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Tell me about about the
Crisis Hotline?
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How can I learn more
about a Safe Haven for Newborns (of
Florida) or Safe Place for Newborns (of Minnesota)
and what I can do to help?
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Florida Law
You may go to any
hospital or fire
station in the state
of Florida and leave your baby with an employee. Hospital
employees usually wear name badges, either clipped to a pocket, or hanging from their
neck Fire rescue station personnel are usually in uniform. Tell the hospital
or fire rescue staff person that you want to leave your baby with A Safe
Haven for Newborns.
Do I have to
take my baby to the closest hospital or fire station?
No, you can take your baby to
any hospital or fire station in
Florida.
If you aren’t sure where the hospitals are in
Florida, scroll down this page and click on the link that says, "Click Here to
Find a Hospital in Florida." This link will bring you to
a list of hospitals.
Your baby can be up to
3 days old.
According to the new law,
only the parents can leave their newborn at a hospital.
First of all, it's important for you to know
that you don't have to tell the
people at the
hospital your name, 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 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.
If you leave your baby, less than 3
days old with a hospital employee at a hospital,
the police will not be called.
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. There are many families who are waiting to welcome
children into their homes 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.
If you change your mind, and want to speak with
someone about the possibility of regaining custody, you can contact the
Social Services of the county where you brought your baby. If you don’t know
what county the hospital is in, you can look it up on the Web, or simply call the
hospital and ask.
This link will bring you to
a list of Florida 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 1-877-767-BABY
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 A Safe Haven for
Newborns (Florida) Safe Place for Newborns (Minnesota), or to find out how I can help?
In Florida, you can contact A Safe Haven for Newborns:
(305) 882-1304 ext. 103
Email:
safehaven@asafehavenfornewborns.com
Web Page:
www.asafehavenfornewborns.com
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
(Amended) 39.01 Definitions
…the term "abandoned" does not include an abandoned newborn infant as
described in s. 383.50…
(Amended) 39.201 Mandatory reports of child abuse, abandonment, or
neglect; mandatory reports of death; central abuse hotline.--
(f) Reports involving abandoned newborn infants as described in s.
383.50 shall be made and received by the department.
1. If the report is of an abandoned newborn infant as described in
s. 383.50 and there is no indication of abuse, neglect, or abandonment of
the infant other than that necessarily entailed in the infant having been
left at a fire station or hospital, the department shall provide to the
caller the name of a licensed child-placing agency on a rotating basis from
a list of licensed child-placing agencies eligible and required to accept
physical custody of and to place newborn infants left at a hospital or a
fire station. The report shall not be considered a report of abuse, neglect,
or abandonment solely because the infant has been left at a hospital
pursuant to s. 383.50.
(Created) 63.0423 Procedures with respect to abandoned newborns.--
(1) A licensed child-placing agency that takes physical custody of
a newborn infant left at a hospital or a fire station pursuant to s. 383.50,
shall assume responsibility for all medical costs and all other costs
associated with the emergency services and care of the newborn infant from
the time the licensed child-placing agency takes physical custody of the
newborn infant.
(2) The licensed child-placing agency shall immediately seek an
order from the circuit court for emergency custody of the newborn infant.
The emergency custody order shall remain in effect until the court orders
preliminary approval of placement of the newborn infant in the prospective
home, at which time the prospective adoptive parents become guardians
pending termination of parental rights and finalization of adoption or until
the court orders otherwise. The licensed child-placing agency may seek to
temporarily place the newborn infant in a prospective adoptive home as soon
as possible.
(3) The licensed child-placing agency that takes physical custody
of the newborn infant shall immediately request assistance from law
enforcement officials to investigate and determine, through the Missing
Children Information Clearinghouse, the National Center for Missing and
Exploited Children, and any other national and state resources, whether or
not the newborn infant is a missing child.
(4) Within 7 days after accepting physical custody of the newborn
infant, the licensed child-placing agency shall initiate a diligent search
to notify and to obtain consent from a parent whose identity or location is
unknown, other than the parent who has left a newborn infant at a fire
station or a hospital in accordance with s. 383.50. The diligent search must
include, at a minimum, inquiries of all known relatives of the parent,
inquiries of all offices or program areas of the department likely to have
information about the parent, inquiries of other state and federal agencies
likely to have information about the parent, inquiries of appropriate
utility and postal providers and inquiries of appropriate law enforcement
agencies. Constructive notice must also be provided pursuant to chapter 49
in the county where the newborn infant was left and in the county where the
petition to terminate parental rights will be filed. The constructive notice
must include at a minimum, available identifying information, and
information on whom a parent must contact in order to assert a claim of
parental rights of the newborn infant and how to assert that claim. If a
parent is identified and located, notice of the adjudicatory hearing shall
be provided. If a parent can not be identified or located subsequent to the
diligent search and constructive notice, the licensed child-placing agency
shall file an affidavit of diligent search at the same time that the
petition to terminate parental rights is filed.
(5) A petition for termination of parental rights under this
section may not be filed until 30 days after the date the newborn infant was
left in accordance with s. 383.50. A petition for termination of parental
rights may not be granted until consent to adoption or an affidavit of
nonpaternity has been executed by a parent of the newborn infant as set
forth in s. 63.062, a parent has failed to reclaim or claim the newborn
infant within the specified time period, or the consent of a parent is
otherwise waived by the court.
(6) A claim of parental rights of the newborn infant must be made
to the entity having physical or legal custody of the newborn infant or to
the circuit court before whom proceedings involving the newborn infant are
pending. A claim of parental rights of the newborn infant may not be made
after the judgment to terminate parental rights is entered, except as
otherwise provided by subsection (10).
(7) If a claim of parental rights of a newborn infant is made
before the judgment to terminate parental rights is entered, the circuit
court shall hold the action for termination of parental rights pending
subsequent adoption in abeyance for a period of time not to exceed 60 days.
(a) The court shall order scientific testing to determine maternity
or paternity at the expense of the parent claiming parental rights unless
maternity or paternity has been previously established legally or by
scientific testing.
(b) The court may appoint a guardian ad litem for the newborn
infant and order whatever investigation, home evaluation and psychological
evaluation are necessary to determine what is in the best interest of the
newborn infant.
(c) The court may not terminate parental rights solely on the basis
that the parent left a newborn infant at a hospital or fire station in
accordance with s. 383.50.
(d) The court shall enter a judgment with written findings of fact
and conclusions of law.
(8) Within 24 hours after filing the judgment, the clerk of the
court shall mail a copy of the judgment to the department, the petitioner,
and the persons whose consent were required, if known. The clerk shall
execute a certificate of each mailing.
(9)(a) A judgment terminating parental rights pending adoption is
voidable, and any later judgment of adoption of that minor is voidable, if,
upon the motion of a parent, the court finds that a person knowingly gave
false information that prevented the parent from timely making known his or
her desire to assume parental responsibilities toward the minor or from
exercising his or her parental rights. A motion under this subsection must
be filed with the court originally entering the judgment. The motion must be
filed within a reasonable time, but not later than 2 years after the entry
of the judgment terminating parental rights.
(b) No later than 30 days after the filing of a motion under this
subsection, the court must conduct a preliminary hearing to determine what
contact, if any, will be permitted between a parent and the child pending
resolution of the motion. Such contact may be allowed only if it is
requested by a parent who has appeared at the hearing. If the court orders
contact between a parent and child, the order must be issued in writing as
expeditiously as possible and must state with specificity any provisions
regarding contact with persons other than those with whom the child resides.
(c) At the preliminary hearing the court, upon the motion of any
party or upon its own motion, may order scientific testing to determine the
paternity or maternity of the minor if the person seeking to set aside the
judgment is alleging to be the child's parent and that fact has not
previously been determined by legal proceedings or scientific testing. The
court may order supervised visitation with a person for whom scientific
testing for paternity or maternity has been ordered. Such visitation shall
be conditioned upon the filing of test results with the court and those
results establishing that person's paternity or maternity of the minor.
(d) No later than 45 days after the preliminary hearing, the court
must conduct a final hearing on the motion to set aside the judgment and
enter its written order as expeditiously as possible thereafter.
(10) Except to the extent expressly provided in this section,
proceedings initiated by a licensed child-placing agency for the termination
of parental rights and subsequent adoption of a newborn left at a hospital
or a fire station in accordance with s. 383.50 shall be conducted pursuant
to chapter 63.
(Amended) 63.167 State adoption information center.--
2 (f) Maintaining a list of licensed child-placing agencies
eligible and willing to take custody of and place newborn infants left at a
hospital, pursuant to s. 383.50. The names and contact information for the
licensed child-placing agencies on the list shall be provided on a rotating
basis to the statewide central abuse hotline.
63.182 Statute of repose.--Notwithstanding s. 95.031 or s.
95.11 or any other statute:
(1) An action or proceeding of any kind to vacate, set aside, or
otherwise nullify a judgment of adoption or an underlying judgment
terminating parental rights on any ground, including duress but excluding
fraud, shall in no event be filed more than 1 year after entry of the
judgment terminating parental rights.
(2) An action or proceeding of any kind to vacate, set aside, or
otherwise nullify a judgment of adoption or an underlying judgment
terminating parental rights on grounds of fraud shall in no event be filed
more than 2 years after entry of the judgment terminating parental rights.
(Created) 383.50 Treatment of abandoned newborn infant.--
(1) As used in this section, the term "newborn infant" means a
child that a licensed physician reasonably believes to be approximately 3
days old or younger at the time the child is left at a hospital or a fire
station.
(2) There is a presumption that the parent who leaves the newborn
infant in accordance with this section intended to leave the newborn infant
and consented to termination of parental rights.
(3) Each fire station staffed with full-time firefighters or
emergency medical technicians shall accept any newborn infant left with a
firefighter or emergency medical technician. The fire station shall consider
these actions as implied consent to and shall:
(a) Provide emergency medical services to the newborn infant to the
extent he or she is trained to provide those services, and
(b) Arrange for the immediate transportation of the newborn infant
to the nearest hospital with emergency services. Any firefighter or
emergency medical technician accepting or providing emergency medical
services to a newborn infant pursuant to this subsection is immune from
criminal or civil liability for having performed the act. Nothing in this
subsection limits liability for negligence.
(4) Each hospital of this state subject to s. 395.1041 shall, and
any other hospital may, admit and provide all necessary emergency services
and care, as defined in s. 395.002(10), to any newborn infant left with the
hospital in accordance with this section. The hospital or any of its
licensed health care professionals shall consider these actions as implied
consent for treatment, and a hospital accepting physical custody of a
newborn infant has implied consent to perform all necessary emergency
services and care. The hospital or any of its licensed health care
professionals is immune from criminal or civil liability for acting in good
faith in accordance with this section. Nothing in this subsection limits
liability for negligence.
(5) Except where there is actual or suspected child abuse or
neglect, any parent who leaves a newborn infant with a firefighter or
emergency medical technician at a fire station or brings a newborn infant to
an emergency room of a hospital and expresses an intent to leave the newborn
infant and not return has the absolute right to remain anonymous and to
leave at any time and may not be pursued or followed unless the parent seeks
to reclaim the newborn infant.
(6) A parent of a newborn infant left at a hospital or a fire
station under this section may claim his or her newborn infant up until the
court enters a judgment terminating his or her parental rights. A claim of
parental rights of the newborn infant must be made to the entity having
physical or legal custody of the newborn infant or to the circuit court
before whom proceedings involving the newborn infant are pending.
(7) Upon admitting a newborn infant under this section, the
hospital shall immediately contact a local licensed child-placing agency or
alternatively contact the statewide central abuse hotline for the name of a
licensed child-placing agency for purposes of transferring physical custody
of the newborn infant. The hospital shall notify the licensed child-placing
agency that a newborn infant has been left with the hospital and
approximately when the licensed child-placing agency can take physical
custody of the child. In cases where there is actual or suspected child
abuse or neglect, the hospital or any of its licensed health care
professionals shall report the actual or suspected child abuse or neglect in
accordance with ss. 39.1023 and 395.1023 in lieu of contacting a licensed
child-placing agency.
(8) Any newborn infant admitted to a hospital in accordance with
this section is presumed eligible for coverage under Medicaid, subject to
federal rules.
(9) A newborn infant left at a fire station or a hospital in
accordance with this section shall not be deemed abandoned subject to
reporting and investigation requirements under s. 39.201 unless there is
actual or suspected child abuse or until the department takes physical
custody of the child.
(10)
A criminal investigation shall not be initiated solely because a newborn
infant is left at a hospital under this section unless there is actual
or suspected child abuse or neglect.
(Amended) 383.51 Confidentiality; identification of parent leaving
newborn infant at hospital or fire station.--The identity of a parent
who leaves a newborn infant at a hospital or a fire station in accordance
with s. 383.50 is confidential and exempt from the provisions of s.
119.07(1) and s. 24(a), Art. I of the State Constitution. The identity of a
parent leaving a child shall be disclosed to a person claiming to be a
parent of the newborn infant. This section is subject to the Open Government
Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on
October 2, 2005, unless reviewed and saved from repeal through reenactment
by the Legislature.
(Created) 827.035 Newborn
infants.--It shall not constitute neglect of a child pursuant to s.
827.03 or contributing to the dependency of a child pursuant to s. 827.04,
if a parent leaves a newborn infant, as defined in s. 383.50, at a hospital
or fire station or brings a newborn infant to an emergency room and
expresses an intent to leave the infant and not return, in compliance with
s. 383.50
.
Approved by
Governor on June 2, 2000
Effective Date –
July 1, 2000
**Disclaimer:
This partial
representation of Florida law MUST NOT be considered an OFFICIAL
representation.
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