Infant Safe Haven Laws - Kansas

Infant's Age
Citation: Ann. Stat. § 38-2282

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

Who May Relinquish the Infant
Citation: Ann. Stat. § 38-2282

A parent or other person having lawful custody of an infant who has not suffered bodily harm may surrender physical custody of the infant.

Who May Receive the Infant
Citation: Ann. Stat. § 38-2282

Physical custody of the infant may be surrendered to either of the following:

• An employee who is on duty at a police station, sheriff's office, law enforcement center, fire station, city or county health department, or medical care facility
• A newborn safety device

A 'newborn safety device' is a container designed to safely accept delivery of an infant that meets the following requirements:

• It is voluntarily installed in a facility that is staffed 24 hours per day by an employee of the facility or has a dual alarm system that will dispatch first responders when all employees of the facility are unavailable.
• It is located on a structural wall in an area that is conspicuous and visible to employees of the facility.
• It is equipped with an automatic lock that would restrict access to the device from the outside of the facility described in subsection (c)(1)(A) when an infant is placed inside the device.
• It is equipped with a temperature control.
• It is equipped with an alarm system that is triggered by an infant being placed inside the device.

A facility that installs a newborn safety device shall install a dual alarm system connected to the physical location of the device. The dual alarm system shall be tested at least once per week and visually checked at least twice per day to ensure the alarm is in working order.

Responsibilities of the Safe Haven Provider
Citation: Ann. Stat. § 38-2282

If an infant is delivered to any facility that is not a medical care facility, the employee of such facility who takes physical custody of the infant shall arrange for the immediate transportation of the infant to the nearest medical care facility. The medical care facility, its employees, agents, and medical staff shall perform treatment in accordance with the prevailing standard of care as necessary to protect the physical health and safety of the infant.

As soon as possible after an employee takes physical custody of an infant without a court order, the employee shall notify a local law enforcement agency. Upon receipt of the notice, a law enforcement officer shall take custody of the infant as an abandoned infant. The law enforcement agency shall report the surrender of the infant to the Department for Children and Families and deliver the infant to a facility or person designated by the department.

An employee of a facility that accepts infants shall ask the person surrendering an infant whether the infant or either biological parent is a member of or eligible for membership in a federally recognized Indian Tribe and the identity of any such Tribe or Tribes. Any facility maintaining a newborn safety device shall provide the means for the person surrendering an infant to indicate whether such infant or either biological parent is a member of or eligible for membership in a federally recognized Tribe or Tribes.

A facility that receives a surrendered infant shall make available, if possible, information to the relinquishing parent, but such parent shall not be required to accept such information. The information to be made available shall include the following:

• A notice stating that 60 days after the surrender of the infant to the facility, the department shall commence proceedings for termination of parental rights and placement of the infant for adoption
• A list of providers that provide counseling services on grief, pregnancy, and adoption or other placement or care regarding an infant
• A copy of this statute, the rights of birth parents, a questionnaire that a birth parent may answer questions about the medical or background information of the child
• A brochure on postpartum health

Immunity for the Provider
Citation: Ann. Stat. § 38-2282

Any person, city or county agency, or medical care facility taking physical custody of an infant shall be immune from liability for any injury to the infant that may result from taking care of the infant. A person or facility to which an infant is delivered shall be immune from civil or criminal liability for any action taken pursuant to this subsection.

Upon request, all medical records of the infant shall be made available to the Kansas Department for Children and Families and given to the person awarded custody of the infant. The medical facility providing the records shall be immune from liability for the records release.

Protection for Relinquishing Parent
Citation: Ann. Stat. §§ 21-5605; 38-2282

No parent or other person having lawful custody of an infant shall be prosecuted for abandonment of a child, if the parent or person surrenders custody of an infant in the manner provided by § 38-2282, and if the infant has not suffered bodily harm.

A relinquishing parent voluntarily surrendering an infant under this subsection shall not be required to reveal personally identifiable information but may be offered the opportunity to provide information concerning the infant's familial or medical history. A person or facility to which an infant is delivered pursuant to this subsection shall not reveal the name or other personally identifiable information of the person who delivered the infant unless there is a reasonable suspicion that the infant has been abused.

A relinquishing parent shall be immune from civil or criminal liability for action taken pursuant to this section only if the following are true:

• The relinquishing parent voluntarily delivered the infant safely to the physical custody of an employee at a designated facility or a newborn safety device.
• The infant was no more than 60 days old and has not suffered great bodily harm as determined by a person licensed to practice medicine and surgery, advanced practice registered nurse, or licensed physician assistant.

Individuals involved in the relinquishment of an infant, including medical practitioners, employees at any location where an infant may be surrendered, or operators of newborn safety devices, shall not disclose any information concerning the relinquishment of the infant and individuals involved in the relinquishment.

Consequences of Relinquishment
Citation: Ann. Stat. § 38-2282

The relinquishing parent's voluntary delivery of an infant in accordance with this section shall constitute the parent's implied consent to the adoption of such infant and a voluntary relinquishment of such parent's parental rights.

In any termination of parental rights proceeding initiated after the relinquishment of an infant pursuant to this section, the State shall publish notice that an infant has been relinquished, including the sex of the infant and the date and location of such relinquishment. Within 30 days after publication of the notice, a nonrelinquishing parent seeking to establish parental rights shall notify the court where the termination of parental rights proceeding is filed and state such parent's intentions regarding the infant. The court shall initiate proceedings to establish parentage if no person notifies the court within 30 days. When such person is seeking to establish parental rights, the court shall require the person, at the person’s expense, to submit to a genetic test to verify that the person is the biological parent of the child. There shall be an examination of the putative father registry to determine whether attempts have previously been made to preserve parental rights to the infant. If such attempts have been made, the State shall make reasonable efforts to provide notice of the abandonment of the infant to such putative father.

If a relinquishing parent of an infant relinquishes custody of the infant in accordance with this section, to preserve the parental rights of the nonrelinquishing parent, the nonrelinquishing parent shall take the steps necessary to establish parentage within 30 days after the published notice. If a nonrelinquishing parent fails to take the steps necessary to establish parentage within the 30-day period, the nonrelinquishing parent may have all his or her parental rights terminated with respect to the child.