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Infant Safe Haven Laws- California

Infant's Age
Statute: Penal Code § 271.5

72 hours or younger

Who May Relinquish the Infant
Statute: Penal Code § 271.5


Parent
Other person having lawful custody

Who May Receive the Infant
Statute: Penal Code § 271.5

A safe-surrender site that includes:
Public or private hospital
Any location designated by the County Board of Supervisors

Responsibilities of the Safe Haven Provider
Statute: Health & Safety Code § 1255.7


Provide medical care
Provide parent with medical questionnaire
Place coded identification ankle bracelet on child and offer a matching bracelet to the parent
Notify Child Protective Services

Immunity for the Provider
Statute: Health & Safety Code § 1255.7

Yes

Protection for Relinquishing Parent
Statute: Penal Code § 271.5

No person leaving an infant with a safe haven provider may be prosecuted for abandonment, failure to provide, or desertion

Effect on Parental Rights
Statute: Health & Safety Code § 1255.7


Department will file dependency petition
Parent has 14 days to reclaim child
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