Infant Safe Haven Laws - Kentucky

Infant's Age

Citation: Rev. Stat. §§ 216B.190; 405.075

A newborn infant may be surrendered to a safe haven provider. The term 'newborn infant' means an infant who is medically determined to be younger than 30 days old.

Who May Relinquish the Infant

Citation: Rev. Stat. §§ 216B.190; 405.075

A newborn infant may be surrendered by a parent or any person who leaves the infant with a safe haven provider and expresses an intent to leave the infant and not return.

Who May Receive the Infant

Citation: Rev. Stat. §§ 216B.190; 405.075

Safe haven providers include hospitals, emergency medical services providers, staffed police stations or fire stations, or participating places of worship.

Responsibilities of the Safe Haven Provider

Citation: Rev. Stat. §§ 216B.190; 405.075

Any emergency medical services provider, police officer, or firefighter who accepts physical custody of a newborn infant shall immediately arrange for the infant to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment.

Any staff member at a participating place of worship who accepts physical custody of a newborn infant in accordance with this section shall immediately contact the 911 emergency telephone service or emergency medical services for transportation to the nearest hospital emergency room.

Every hospital that offers emergency services shall admit and provide all necessary medical care, diagnostic tests, and medical treatment to any newborn infant brought to the hospital when the identity of the parents is unknown.

Upon admittance, the physician or hospital administrator shall immediately contact the local office of the Department for Community Based Services. The Department for Community Based Services shall immediately seek an emergency custody order in accordance with § 620.350.

Every emergency room shall make available materials to gather health and medical information concerning the infant and the parents. The materials shall be offered to the person leaving the newborn infant, and it shall be clearly stated that acceptance is completely voluntary and that completion of the materials may be done anonymously. The provisions of this section shall not apply when indicators of child physical abuse or child neglect are present.

Immunity for the Provider

Citation: Rev. Stat. § 216B.190

Any person performing medical care, diagnostic testing, or medical treatment shall be immune from criminal or civil liability for having performed the act. Nothing in this subsection shall limit liability for negligence.

Actions taken by an emergency medical services provider, police officer, firefighter, or staff member at a participating place of worship in conformity with the duty granted in this section shall be immune from criminal or civil liability. Nothing in this subsection shall limit liability for negligence.

Protection for Relinquishing Parent

Citation: Rev. Stat. §§ 405.075; 620.350

A parent who surrenders a newborn infant shall have the right to remain anonymous and not be pursued and shall not be considered to have abandoned or endangered the newborn infant.

No child protective services investigation or assessment shall be initiated regarding the abandonment of an infant. The provisions of this subsection shall not apply when indicators of child physical abuse or child neglect are present.

Effect on Parental Rights

Citation: Rev. Stat. §§ 405.075; 620.350

By placing a newborn infant in the manner described in this section, the parent:

• Waives the right to notification required by subsequent court proceedings until a claim of parental rights is made
• Waives legal standing to make a claim of action against any person who accepts physical custody of the newborn infant

Upon the infant's release from the hospital, the cabinet shall place the child in a foster home to provide concurrent planning placement services. 'Concurrent planning placement services' means the foster family shall work with the cabinet on reunification with the birth family, if known, and shall seek to adopt the infant if reunification cannot be accomplished.

At the temporary removal hearing, the court may place temporary custody with the cabinet for a minimum of 30 days. During that time, the cabinet shall request assistance from law enforcement officials to investigate through the Missing Child Information Center and other national resources to ensure that the infant is not a missing child.

As soon as practicable following the 30-day placement period, the cabinet shall file a petition with the court seeking the involuntary termination of parental rights of the unknown parents. If a claim of parental rights is made at any time prior to the court order terminating rights, the court may hold the action for involuntary termination of parental rights in abeyance for no longer than 90 days.

A hearing shall be conducted within 10 days of the assertion of parental rights. The court may order genetic testing to establish maternity or paternity at the expense of the claimant. The cabinet shall conduct a child protective services investigation or assessment and home evaluation to develop recommendations for the court.