Infant Safe Haven Laws - Idaho

Infant's Age
Citation: Idaho Code § 39-8203

A child who is no more than 30 days old may be delivered to a safe haven provider.

Who May Relinquish the Infant
Citation: Idaho Code § 39-8203

A custodial parent may deliver the child to a safe haven provider.

Who May Receive the Infant
Citation: Idaho Code § 39-8202

Safe haven providers include the following:

• Licensed hospitals
• Licensed physicians and staff working at their offices and clinics
• Advanced-practice professional nurses, including certified nurse-midwives, clinical nurse specialists, nurse practitioners, and certified registered nurse anesthetists
• Licensed physician assistants
• Medical personnel certified as first responders, emergency medical technicians, and paramedics
• A fire station operated by a city, a county, a Tribal entity, a fire protection district, or a volunteer fire department if there are personnel on duty

A hospital, fire station, law enforcement agency, or medical services provider that is staffed 24 hours per day, 7 days a week, without exception, may use a newborn safety device to accept surrendered newborn infants if the device meets the following requirements:

• It is physically part of the building of the hospital, fire station, law enforcement agency, or medical services provider.
• It is temperature-controlled and ventilated for the safety of newborns.
• It is equipped with a functional alarm system that automatically triggers an alarm inside the building when the newborn infant is placed in the device.
• It is located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, fire station, law enforcement agency, or medical services provider.

Responsibilities of the Safe Haven Provider
Citation: Idaho Code §§ 39-8203; 39-8204

A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven or a safe haven through a newborn safety device, provided that the following are true:

• The child is no more than 30 days old.
• The custodial parent delivers the child to the safe haven.
• The custodial parent does not express an intent to return for the child. 

If a safe haven takes temporary physical custody of a child, the safe haven shall do the following:

• Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody, including, but not limited to, delivering the child to a hospital for care or treatment
• Immediately notify a peace officer or other person appointed by the court of the abandonment

Upon notification by a safe haven that a child has been abandoned, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control, and custody of the Department of Health and Welfare.

Immunity for the Provider
Citation: Idaho Code §§ 39-8203; 39-8204

A safe haven with responsibility for performing duties under this section and any employee, doctor, or other personnel working at the safe haven are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.

A peace officer or other person appointed by the court who takes a child into custody under this section shall not be held liable, either criminally or civilly, unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.

Protection for Relinquishing Parent
Citation: Idaho Code §§ 39-8203; 39-8206

The safe haven provider shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven provider, the provider shall keep all information as to the parent's identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven provider but may voluntarily provide information including, but not limited to, Indian Tribe membership or citizenship and medical history of the parent(s) or the child.

A custodial parent may leave a child with a safe haven or with a safe haven through a newborn safety device in this State without being subjected to prosecution for abandonment, provided that the child was no more than 30 days old when he or she was left at the safe haven or at a safe haven through a newborn safety device, as determined within a reasonable degree of medical certainty.

Consequences of Relinquishment
Citation: Idaho Code §§ 39-8204; 39-8205; 39-8206

The Department of Health and Welfare shall maintain a list of licensed adoption agencies to contact for the placement of abandoned children and shall transfer care, control, and custody of an abandoned child to the department's selected adoption agency for placement within 24 hours of taking custody of an abandoned child, unless exigent circumstances exist.

The department shall file a petition for an adjudicatory hearing to vest legal custody in the department. A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.

During the initial 30-day period from the time the child was relinquished by a custodial parent, law enforcement officials shall investigate through the missing children information clearinghouse and other State and national resources to ensure that the child is not a missing child. As soon as practicable following the 30-day period, the department shall petition to terminate the parental rights of the parent who abandoned the child.

A parent of the child may make a claim of parental rights by filing a notice of claim of parental rights with the vital statistics unit of the department. To be valid, a claim of parental rights must be filed before an order terminating parental rights is entered by the court. A parent who fails to file a claim of parental rights prior to entry of an order terminating his or her parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child.