Infant Safe Haven Laws - Delaware

Infant's Age
Citation: Ann. Code Tit. 16, §§ 902; 907A

A baby may be relinquished to a safe haven provider. 'Baby' shall mean a child not more than 14 days old, except that for hospitals and their employees and volunteers, 'baby' shall mean a child reasonably believed to be no more than 14 days old.

Who May Relinquish the Infant
Citation: Ann. Code Tit. 16, § 907A

A person may voluntarily surrender a baby.

Who May Receive the Infant
Citation: Ann. Code Tit. 16, § 907A

If a baby is surrendered alive and unharmed, an individual may voluntarily deliver the baby directly to an employee or volunteer of one of the following designated safe havens:

• An emergency department of a hospital, inside the emergency department
• A police station, inside the police station 

For the purposes of this section, 'police station' does not include a Delaware State Police station.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code Tit. 16, § 907A

A safe haven employee may take temporary emergency protective custody of a baby who is surrendered to them. The safe haven shall do one of the following:

• Make reasonable efforts to directly obtain pertinent medical history information pertaining to the baby and the baby's family
• Attempt to provide the individual with a postage-paid medical history information questionnaire

The safe haven shall attempt to provide the individual leaving the baby with the following:

• Information about the Safe Arms program
• Information about adoption and counseling services, including information that confidential adoption services are available and information about the benefits of engaging in a regular, voluntary adoption process
• Brochures with telephone numbers and websites for public or private agencies that provide counseling or adoption services

The safe haven shall attempt to provide an individual surrendering a baby with the number of the baby's identification bracelet to aid in linking the individual to the baby at a later date, if reunification is sought. The identification number is an identification aid only and does not permit the individual possessing the identification number to take custody of the baby on demand.

If an individual possesses an identification number linking the person to a baby surrendered at a hospital and parental rights have not already been terminated, possession of the identification number creates a presumption that the individual has standing to participate in an action. Possession of the identification number does not create a presumption of maternity, paternity, or custody.

Immunity for the Provider
Citation: Ann. Code Tit. 16, § 908(b)

Except for negligence or intentional acts, a safe haven employee or volunteer who accepts temporary emergency protective custody of a baby is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby  while the baby is in the safe haven's temporary emergency protective custody.

Protection for Relinquishing Parent
Citation: Ann. Code Tit. 16, § 907A; Tit. 11, § 1102A

A safe haven may not ask or require an individual who surrenders the baby to provide any information pertaining to his or her identity. If the identity of the individual is known to the safe haven, the safe haven shall keep the identity confidential.

When the person who surrenders a baby manifests a desire to remain anonymous, the Division of Family Services shall neither initiate nor conduct an investigation to determine the identity of such person, and no court shall order such an investigation unless there is good cause to suspect child abuse or neglect other than the act of surrendering such baby.

In any prosecution for an offense of abandoning or endangering a child, it is a defense if the person surrendered care or custody of a baby directly to an employee or volunteer of a safe haven if the baby is surrendered alive, unharmed, and in a safe place in the safe haven.

Consequences of Relinquishment
Citation: Ann. Code Tit. 16, § 907A

A safe haven taking a baby into temporary emergency protective custody shall immediately notify the division and the State police of its actions. The division shall obtain ex parte custody and physically appear at the safe haven within 4 hours of notification unless there are exigent circumstances. Immediately after being notified of the surrender, the State police shall submit an inquiry to the Delaware Missing Children Information Clearinghouse.

The division shall notify the public that a baby has been abandoned and taken into temporary emergency protective custody by placing notice prominently on the division's website and by publishing notice to that effect in a newspaper of statewide circulation. The notice must be published at least three times over a 3-week period immediately following the surrender of the baby unless the division has relinquished custody. The notice, at a minimum, shall contain the place, date, and time where the baby was surrendered; the baby's sex, race, approximate age, identifying marks, and any other information the division deems necessary for the baby's identification. The notice must state that unless the surrendering individual manifests an intent to exercise parental rights and responsibilities within 30 days of the abandonment, both of the following apply:

• The abandonment of the baby is the surrendering individual's irrevocable consent to the termination of all parental rights, if any, of the individual on the ground of abandonment
• The abandonment of the baby is the surrendering individual's irrevocable waiver of any right to notice of, or opportunity to participate in, any termination of parental rights proceeding involving the baby