Infant Safe Haven Laws - Indiana

Infant's Age
Citation: Ann. Code § 31-34-2.5-1

The relinquished child may not be more than 60 days old.

Who May Relinquish the Infant
Citation: Ann. Code § 31-34-2.5-1

The child may be relinquished by his or her parent or any person designated by the parent.

Who May Receive the Infant
Citation: Ann. Code § 31-34-2.5-1

The child may be voluntarily left with any of the following:

• With an emergency medical services provider by the child's parent
• In a newborn safety device that meets the following criteria:
  • Has been approved by a hospital, is physically located inside a hospital that is staffed continuously on a 24-hour basis every day to provide emergency care, and is located in an area that is conspicuous and visible to hospital staff
  • Is located at a site that is staffed by an emergency medical services provider
  • Is located at a facility, fire department, or emergency medical services station that is staffed by an emergency medical services provider on a 24-hour, 7-day-a-week basis; is located in an area that is conspicuous and visible to staff; and includes an adequate dual alarm system connected to the site that is tested at least once a month to ensure the alarm system is in working order
  • Is located at a volunteer fire department, that is located within 1 mile of a hospital, police station, or emergency medical services station that is staffed 24 hours per day, 7 days a week and is equipped with an alert system that connects to the 911 system and is equipped with a video surveillance system that allows members of a fire department to monitor the inside of the device 24 hours a day
• With medical staff after delivery in a hospital or other medical facility when the child's parent notifies the medical staff that the parent is voluntarily relinquishing the child

Due to extenuating circumstances, if a child's parent or a person is unable to give up custody of the child as described above, the child's parent or the person may request that an emergency medical services provider take custody of the child by dialing the 911 emergency call number and staying with the child until an emergency medical services provider arrives to take custody of the child.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code §§ 31-34-2.5-1; 31-34-2.5-2

An emergency medical services provider shall, without a court order, take custody of a child who is, or who appears to be, no more than 30 days old if the parent does not express an intent to return for the child.

An emergency medical services provider who takes custody of a child under this section shall perform any act necessary to protect the child's physical health or safety.

Immediately after an emergency medical services provider takes custody of a safe haven infant, the provider shall notify the Department of Child Services or a licensed child-placing agency that the provider has taken custody of the safe haven infant. The department or agency shall contact the Indiana Clearinghouse for Information on Missing Children and Missing Endangered Adults and the National Center for Missing and Exploited Children (NCMEC) to determine if the safe haven infant has been reported missing no later than 48 hours after it has taken custody of the safe haven infant.

Fifteen days after the department or agency has taken custody of the safe haven infant, the department or agency must contact NCMEC a second time to determine if the safe haven infant has been reported missing.

Immunity for the Provider
Citation: Ann. Code § 31-34-2.5-1(d), (f)

The following are immune from civil liability for an act or omission relating to taking custody of a child, unless the act or omission constitutes gross negligence or willful or wanton misconduct:

• An emergency medical services provider
• An employee of an emergency medical services provider
• A medical staff person
• A hospital or other medical facility

A hospital that approves the operation of a newborn safety device that meets the requirements set forth in section is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct.

A facility, fire department, or emergency medical services station or an employee of a facility, fire department, or emergency medical services station that meets the requirements set forth in this section or a volunteer fire department or a member of a volunteer fire department that meets the requirements set forth in this section are immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct.

Protection for Relinquishing Parent
Citation: Ann. Code §§ 31-34-2.5-1; 35-46-1-4

A person who voluntarily leaves a child with an emergency services provider, in a newborn safety device, or with medical staff is not required to disclose his or her name or the parent's name. The emergency medical dispatch agency or the emergency medical services provider shall inform the child's parent or the person described in this section of the ability to remain anonymous.

If the accused person left a dependent child, who was not more than 30 days old at the time the alleged act occurred, with an emergency medical provider who took custody of the child, it is a defense to a prosecution for abandonment or neglect of a dependent when the following apply:

• The prosecution is based solely on the alleged act of leaving the child with the emergency medical services provider.
• The alleged act did not result in bodily injury or serious bodily injury to the child.

Consequences of Relinquishment
Citation: Ann. Code §§ 31-34-2.5-2; 31-34-2.5-3; 31-34-2.5-4; 31-34-2.5-5

The Department of Child Services shall assume the care, control, and custody of the child immediately after receiving notice from the emergency services provider.

A safe haven infant for whom the department or child-placing agency assumes care, control, and custody shall be treated as a child taken into custody without a court order, except that efforts to locate the safe haven infant's parents or reunify the infant's family are not necessary if, after receiving a written report and recommendation from the guardian ad litem or court-appointed special advocate, the court finds that reasonable efforts to locate the child's parents or reunify the child's family would not be in the best interests of the child.

Whenever a safe haven infant is taken into custody without a court order, the attorney for the department shall, without unnecessary delay, do the following:

• Request the juvenile court to do the following:
  • Authorize the filing of a petition alleging that the safe haven infant is a child in need of services
  • Hold an initial hearing no later than the next business day after the safe haven infant is taken into custody
  • Appoint a guardian ad litem or a court-appointed special advocate for the safe haven infant
• File a petition to terminate the parent-child relationship 

If a licensed child-placing agency assumes custody of a safe haven infant, the agency shall do the following:

• Without unnecessary delay, place the safe haven infant in a preapproved adoptive home with a prospective adoptive parent who intends to adopt the safe haven infant
• File a petition to terminate the parent-child relationship