Infant Safe Haven Laws - Florida

Infant's Age
Citation: Ann. Stat. § 383.50

An infant may be relinquished. The term 'infant' means a child that a licensed physician reasonably believes to be approximately 30 days old or younger at the time the child is surrendered.

Who May Relinquish the Infant
Citation: Ann. Stat. § 383.50

The infant may be relinquished by his or her parent. 

Who May Receive the Infant
Citation: Ann. Stat. § 383.50

The child may be left at a hospital, emergency medical services station, or fire station.

A hospital, an emergency medical services station, or a fire station that is staffed 24 hours per day may use an infant safety device to accept surrendered infants under this section if the device is:

• Physically part of the hospital, emergency medical services station, or fire station
• Temperature controlled and ventilated for the safety of infants
• Equipped with a dual alarm system connected to the physical location of the device that automatically triggers an alarm inside the building when an infant is placed in the device
• Equipped with a surveillance system that allows employees of the hospital, emergency medical services station, or fire station to monitor the inside of the device 24 hours per day
• Located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, emergency medical services station, or fire station

Responsibilities of the Safe Haven Provider
Citation: Ann. Stat. § 383.50

A hospital, an emergency medical services station, or a fire station that uses an infant safety device to accept surrendered infants shall use the device's surveillance system to monitor the inside of the infant safety device 24 hours per day and shall physically check the device at least twice daily and test the device at least weekly to ensure that the alarm system is in working order. A fire station that is staffed 24 hours per day, except when all firefighter first responders are dispatched from the fire station for an emergency, must use the dual alarm system of the infant safety device to immediately dispatch the nearest first responder to retrieve any infant left in the infant safety device.

Each emergency medical services station or fire station staffed with full-time firefighters, emergency medical technicians, or paramedics shall accept any infant surrendered to a firefighter, emergency medical technician, or paramedic, or surrendered in an infant safety device. They shall consider these actions as implied consent to and shall take the following actions:

• Provide emergency medical services to the infant to the extent he or she is trained to provide those services
• Arrange for the immediate transportation of the infant to the nearest hospital having emergency services

Each hospital shall admit and provide all necessary emergency services and care to any infant left with the hospital in accordance with this section. The hospital or any of its licensed health-care professionals shall consider these actions as implied consent for treatment, and a hospital accepting physical custody of an infant has implied consent to perform all necessary emergency services and care.

Upon admitting an infant, the hospital shall immediately contact a local licensed child-placing agency or alternatively contact the statewide central abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the infant. The hospital shall notify the licensed child-placing agency that an infant has been left with the hospital and approximately when the licensed child-placing agency can take physical custody of the infant. In cases where there is actual or suspected child abuse or neglect, the hospital or any of its medical staff or licensed health-care professionals shall report the actual or suspected child abuse or neglect in accordance with statute in lieu of contacting a licensed child-placing agency.

Immunity for the Provider
Citation: Ann. Stat. § 383.50

A medical services provider, a fire department, or an employee or agent of a medical services provider or fire department is immune from criminal or civil liability for acting in good faith pursuant to this section. This subsection does not limit liability for negligence.

The hospital or any of its licensed health-care professionals is immune from criminal or civil liability for acting in good faith in accordance with this section. Nothing in this subsection limits liability for negligence.

Protection for Relinquishing Parent
Citation: Ann. Stat. § 383.50

An infant surrendered in accordance with this section is not deemed abandoned or subject to reporting and investigation requirements unless there is actual or suspected child abuse or until the Department of Children and Families takes physical custody of the infant.

A criminal investigation may not be initiated solely because an infant is surrendered under this section unless there is actual or suspected child abuse or neglect.

Except where there is actual or suspected child abuse or neglect, any parent who surrenders an infant in accordance with this section, or brings an infant to an emergency room of a hospital and expresses an intent to surrender the infant and not return, has the absolute right to remain anonymous and to leave at any time and may not be pursued or followed unless the parent seeks to reclaim the newborn infant.

Consequences of Relinquishment
Citation: Ann. Stat. § 383.50

There is a presumption that the parent who surrenders the infant in accordance with this section intended to surrender the infant and consented to termination of parental rights.

A parent of an infant left at a hospital, emergency medical services station, or fire station may claim his or her infant up until the time the court enters a judgment terminating his or her parental rights. A claim to the infant must be made to the entity that has physical or legal custody of the infant or to the circuit court before which proceedings involving the infant are pending.