Infant Safe Haven Laws - New York

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Infant's Age

Citation: Penal Code §§ 260.00; 260.10

A child who is no more than 30 days old may be relinquished.

Who May Relinquish the Infant

Citation: Penal Code §§ 260.00; 260.10

The child may be relinquished by his or her parent, guardian, or other person legally charged with the child's care or custody.

Who May Receive the Infant

Citation: Penal Code §§ 260.00; 260.10

The child may be left with an appropriate person at a suitable location.

Responsibilities of the Safe Haven Provider

This issue is not addressed in the statutes reviewed.

Immunity for the Provider

This issue is not addressed in the statutes reviewed.

Protection for Relinquishing Parent

Citation: Penal Code §§ 260.00; 260.10

Relinquishment of the child to a safe haven is an affirmative defense to prosecution for abandonment or endangering the welfare of a child.

Effect on Parental Rights

Citation: Soc. Serv. Law § 358-a

Reasonable efforts to reunify the child with his or her parent are not required when a court has determined a child 5 days old or younger was abandoned by a parent with an intent to wholly abandon such child and with the intent that the child be safe from physical injury and cared for in an appropriate manner.