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Safe Haven or Baby Moses Law

If you have a newborn that you’re unable to care for, you can bring your baby to a designated safe place with no questions asked. The Safe Haven law, also known as the Baby Moses law, gives parents who are unable to care for their child a safe and legal choice to leave their infant with an employee at a designated safe place – a hospital, freestanding emergency medical care facility, fire station, emergency medical services (EMS) station, or other designated location such as Adoption Choices of Kansas. Your identity will remain confidential and your baby will receive medical care and be placed with an emergency provider.

 

Infant Safe Haven Laws

Infant’s Age Citation: Ann. Stat. § 38-2282

An infant who is 45 days old or younger may be relinquished.

Who May Relinquish the Infant Citation: Ann. Stat. § 38-2282

A parent or other person having lawful custody of an infant that has not suffered bodily harm may surrender physical custody of the infant.

Who May Receive the Infant Citation: Ann. Stat. § 38-2282

Physical custody of the infant may be surrendered to any employee who is on duty at a fire station, city or county health department, or medical care facility.

Responsibilities of the Safe Haven Provider Citation: Ann. Stat. § 38-2282

As soon as possible after an employee takes physical custody of an infant, such person shall notify a local law enforcement agency. Upon receipt of such notice, a law enforcement officer shall take custody of the infant as an abandoned child.

Any person, city or county agency, or medical care facility taking physical custody of an infant shall perform any act necessary to protect the physical health or safety of the infant.

Immunity for the Provider Citation: Ann. Stat. § 38-2282

Any person, city or county agency, or medical care facility taking physical custody of an infant shall be immune from liability for any injury to the infant that may result from taking care of the infant.

Protection for Relinquishing Parent Citation: Ann. Stat. § 21-5605

No parent or other person having lawful custody of an infant shall be prosecuted for abandonment of a child, if such parent or person surrenders custody of an infant in the manner provided by § 38-2282, and if such infant has not suffered bodily harm.

Effect on Parental Rights Citation: Ann. Stat. § 38-2269(d)

At a hearing for termination of termination of parental rights, a finding of unfitness may be made if the court finds that the custody of the child was surrendered pursuant to § 38-2282, or the child was left under such circumstances that the identity of the parents is unknown and cannot be ascertained, despite diligent searching, and the parents have not come forward to claim the child within 3 months after the child is found.

 

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