1. The Representative Thomas J. Burch Safe Infant Act April 9, 2002

2. The Representative Thomas J. Burch Safe Infant Act  Allows a parent or someone acting on their behalf  to safely and anonymously surrender a newborn infant  medically determined to be ≤72 hours old  without fear of prosecution  in a safe place.

3. The Representative Thomas J. Burch Safe Infant Act  Intended to provide a humane option for parents who might otherwise abandon their newborn infant in a public place or in an unsafe environment.  Dumpster  Bathroom stall or trash can  Outside

4. Receiving Personnel  The intent is for the child to be given directly to a person, not “left on the doorstep”.  Hospital emergency room staff  An officer at a police station  A firefighter at a fire station  An EMS provider

5. Conditions  Child ≤72 hours of age as best determined by history and medical exam  Ongoing efforts to increase to ≤30 days  Does not apply in cases with signs of abuse, maltreatment, or neglect after birth  Act in the child’s best interest

6. Mandatory Reporting of Abuse  Kentucky law requires ANY care provider who suspects child abuse, neglect, or maltreatment SHALL report it.  Reports should be made to the local Dept. For Community Based Services or call the DCBS hotline at (800) 752-6200.

7. Parents Rights At the Time of Surrender  If the parent leaves the infant and expresses no intent to return for the infant, they have the right to :  Remain anonymous  Leave at any time  Not be pursued  Shall not be considered to have abandoned or endangered the newborn

8. Your Responsibilities  You MUST accept the infant  The person who accepted the infant shall have IMPLIED CONSENT to any and all appropriate medical treatment  *Assess and provide treatment as necessary*  Safe Infant Protocol  Routine Care  Any other, including resuscitation if needed/appropriate  Arrange for immediate transport to the Emergency Department  “Abandoned Infant Packet”

9. You May Not:  Detain, follow, or pursue the parent  Coerce or otherwise force the parent to reveal their identity  Coerce or otherwise force the parent to keep the infant  Coerce or otherwise force the parent to give medical information

10. Remember…  Do not be judgmental towards the person leaving the newborn infant.  This may be an extremely difficult choice for a parent to make.  Work from the basis that the parent is trying to do the right thing for their newborn.

11. In the Packet  Copy of KY EMS Safe Infant Protocol  Numbered bracelet  To be placed on infant’s ankle  Medical Information Form  Completion is voluntary  May be mailed in anonymously, at later time  Ensure bracelet number remains attached  2 Brochures  Post-partum care  Legal information

12. The Hospital  Required to admit and provide all necessary medical care, diagnostic tests, and medical treatment  Implied consent  Physician or hospital administrator shall immediately contact local DCBS  Allow anonymity, offer information, etc.

13. Department of Community Based Services  Shall immediately seek an order for emergency custody of the infant (order in effect for 30 days)  No CPS investigation or assessment shall be initiated regarding the abandonment in the absence of indicators of abuse or neglect  Place in foster care upon hospital release  Work with law enforcement to investigate through the Missing Child Information Center  File petition to terminate parental rights and place child for adoption  If a claim of parental rights is made, hold not to exceed 90 days

14. Option to Claim Parental Rights  Parent waives the right to notification….unless/until claim of parental rights is made  Waives legal standing to make claim of action against any person who accepts physical custody of the newborn infant  The parent has 30 days to contact DCBS and claim parental rights  Hearing within 10 days  Court may require genetic testing to establish maternity/paternity at the expense of the claimant  CPS investigation or assessment and home evaluation to develop recommendations for the Court  Court cannot determine neglect solely on Safe Surrender

15. In Conclusion  Ensure the safety and health of the infant  Provide appropriate assessment and treatment  Report suspicion of abuse  Treat the parent of other representative with respect  Allow dignity in difficult circumstances  Offer information  post-care and legal  Request completion of voluntary medical information  The goal is to provide a safe alternative and save lives!