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 any employee who is on duty at a fire station, city or county health department, or medical care facility.

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, such person shall notify a local law enforcement agency. Upon receipt of such notice, a law enforcement officer shall take custody of the infant as an abandoned infant.

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. § 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.
• The infant was no more than 60 days old when delivered by the relinquishing parent to the physical custody of an employee at the facility.
• The infant was not abused or neglected by the relinquishing parent prior to such delivery.

Effect on Parental Rights

Citation: Ann. Stat. § 38-2269(d)

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. 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 of such parent's rights terminated with respect to the child.