Infant Safe Haven Laws - Eastern Band of Cherokee Indians

Date: February 2026

Infant's Age
Citation: Tribal Code § 7B-500.1

An infant who is younger than 60 days old may be relinquished.

Who May Relinquish the Infant
Citation: Tribal Code § 7B-500.1

The infant may be relinquished by the infant's parent who does not express an intent to return for the infant.

Who May Receive the Infant
Citation: Tribal Code § 7B-500.1

The following individuals shall, without a court order, take into temporary emergency custody an infant under 60 days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant:

  • A health-care provider, including behavioral health-care provider, who is on duty and employed by the Tribe or by the Cherokee Indian Hospital Authority
  • A law enforcement officer who is on duty and employed by the Tribe
  • A human services worker who is on duty and employed by the Tribe
  • A certified emergency medical service worker who is on duty and employed by the Tribe
  • A child care provider who is on duty and employed by the Tribe or by a licensed child care facility or foster care home on Tribal trust lands

Any adult may, without a court order, take into temporary emergency custody an infant under 60 days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant.

Responsibilities of the Safe Haven Provider
Citation: Tribal Code § 7B-500.1

An individual who takes an infant into temporary emergency custody under this section shall perform any act necessary to protect the physical health and well-being of the infant and shall immediately notify the Department of Human Services. Any individual who takes an infant into temporary emergency custody may inquire as to the parents' identities and as to any relevant medical history, but the parent is not required to provide the information.

Immunity for the Provider
Citation: Tribal Code § 7B-500.1

An individual taking temporary custody of an infant is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of any omission or action taken pursuant to the requirements of this section as long as that individual was acting in good faith. The immunity established by this subsection does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.

Protection for Relinquishing Parent
Citation: Tribal Code § 7B-500.1

The parent is not required to provide medical history or identifying information.

Consequences of Relinquishment

This issue is not addressed in the Tribal codes reviewed.

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