Infant Safe Haven Laws - Arkansas

Date: February 2026

Infant's Age
Citation: Ann. Code § 9-34-202

A child who is 30 days old or younger may be relinquished.

Who May Relinquish the Infant
Citation: Ann. Code §§ 9-34-202; 5-27-205(c)

A child may be relinquished by his or her parent or a person designated by the parent.

Who May Receive the Infant
Citation: Ann. Code § 9-34-202

Any medical provider, law enforcement agency, or fire department shall take possession of a child who is 30 days old or younger without a court order if the parent of the child, without expressing an intent to return for the child, does either of the following:

  • Leaves the child with or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department
  • Leaves the child in a newborn safety device that meets the following criteria:
    • Is voluntarily installed by the medical provider, law enforcement agency, or fire department
    • Is physically located inside a hospital, law enforcement agency, or fire department that is staffed 24 hours a day by a medical services provider
    • Is located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department

Responsibilities of the Safe Haven Provider
Citation: Ann. Code §§ 9-34-202; 9-34-203

A medical provider, law enforcement agency, or fire department that takes possession of a child shall perform any act necessary to protect the physical health and safety of the child.

Upon delivery of the child to a medical provider, law enforcement agency, or fire department, the law enforcement officer, an appropriate employee of the fire department, or an appropriate employee of the hospital shall take the child into protective custody for 72 hours and immediately notify the Division of Children and Family Services of the Department of Human Services.

Immunity for the Provider
Citation: Ann. Code § 9-34-202

A medical provider, law enforcement agency, or fire department shall not be criminally or civilly liable for any good-faith acts or omissions performed under this section and shall have an affirmative defense against any civil or criminal claim arising out of any act or omission performed under this section.

Protection for Relinquishing Parent
Citation: Ann. Code §§ 5-27-205(c); 9-34-202(b)(2)

The fact that a parent voluntarily delivered a child to and left the child with or voluntarily arranged for another person to deliver a child to and leave the child with a medical provider, law enforcement agency, fire department, or a newborn safety device serves as an affirmative defense to a prosecution for endangering the child.

This section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device.

A medical provider, law enforcement agency, or fire department shall keep the identity of a parent who relinquishes a child under this section confidential and shall not release or otherwise make the identity of the parent available except to either of the following:

  • A law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency
  • A prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department

Consequences of Relinquishment
Citation: Ann. Code §§ 9-34-203; 9-34-204

The law enforcement officer, employee of the fire department, or employee of the hospital shall immediately notify the division, which shall initiate a dependency-neglect petition under § 9-27-301, et seq.

Within 14 days of filing a dependency-neglect petition, the department shall publish a notification in a newspaper having general circulation in the county where the proceeding was filed once a week for 4 weeks. The notification shall contain the following:

  • The date and location where the child was delivered
  • Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a response and appear before the court hearing the case to defend the parent’s claim within 30 days from the date of last publication

If the identity of a parent or child is released or made known to the department, the case shall proceed as a dependency-neglect action but with the same protections from liability as if an anonymous surrender was made under this section.

If no responsive pleadings are filed by the parent within 30 days from the date of last publication and there are prospective adoptive parents seeking to adopt the child, the department may proceed with the filing of an adoption petition without further notice.

The division shall utilize the Missing Persons Information Clearinghouse and any other national and State resources to determine whether the child is a missing child.

Related Resources