Infant Safe Haven Laws - Nevada

Date: September 2021

Infant's Age

Citation: Rev. Stat. § 432B.630

A child who is or appears to be no more than 30 days old may be surrendered.

Who May Relinquish the Infant

Citation: Rev. Stat. § 432B.630

A parent of the child may voluntarily deliver the child to an emergency services provider.

The parent shall leave the child in the following manner:

  • In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider
  • On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child and shall immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child

Who May Receive the Infant

Citation: Rev. Stat. § 432B.630

A provider of emergency services shall take immediate possession of a surrendered child. The term 'provider of emergency services' includes the following:

  • A hospital, an obstetric center, or an independent center for emergency medical care
  • A public firefighting agency, including, without limitation, a volunteer fire department
  • A law enforcement agency
  • An ambulance service
  • An agency that provides child welfare services

Responsibilities of the Safe Haven Provider

Citation: Rev. Stat. § 432B.630

A provider of emergency services who takes possession of a child shall perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public firefighting agency, a law enforcement agency, or an ambulance service, the provider shall immediately arrange the safe delivery of the child to a hospital, an obstetric center, or an independent center for emergency medical care.

As soon as reasonably practicable but no later than 24 hours after the provider takes possession of the child, the provider shall report that possession to an agency that provides child welfare services and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse of Missing and Exploited Children and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the child welfare agency of its determination. The agency shall maintain that information for statistical and research purposes.

A parent who delivers a child to a provider of emergency services shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.

Immunity for the Provider

Citation: Rev. Stat. § 432B.630

A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider and before the provider is informed of the delivery and location of the child or the provider takes physical possession of the child, whichever occurs first.

Protection for Relinquishing Parent

Citation: Rev. Stat. §§ 432B.630; 200.508; 201.110

The following applies to a parent who surrenders a child:

  • He or she must not be required to provide any background or medical information regarding the child but may do so voluntarily.
  • Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has surrendered the child, the parent must be treated as follows:
    • He or she must not be required to disclose any identifying information but may do so voluntarily.
    • He or she must be allowed to leave at any time.
    • He or she must not be pursued or followed.

A person does not commit abuse, neglect, or endangerment of a child by virtue of the sole fact that he or she delivers or allows the delivery of a child to a provider of emergency services.

A person does not commit contributory neglect of a child by virtue of the sole fact that he or she delivers or induces the delivery of a child to a provider of emergency services.

Effect on Parental Rights

Citation: Rev. Stat. § 432B.630

A provider of emergency services who takes possession of a child, including, without limitation, the hospital at which the child was born, shall, whenever possible, inform the parent of the child of the following:

  • By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child.
  • The parent waives any right to notice of a termination of parental rights hearing (pursuant to § 128.060 or 128.070) or any hearing regarding the custody of the child (pursuant to §§ 432B.410 to 432B.590, inclusive).
  • Unless the parent contacts the local agency that provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.