Infant Safe Haven Laws - North Dakota

Infant's Age
Citation: Cent. Code § 50-25.1-15

An 'abandoned infant' is an infant who has been abandoned at birth at a hospital or before reaching age 1 year regardless of the location of birth and who has been left at an approved location or, if an infant is less than 60 days old, left in a newborn safety device, in an unharmed condition.

Who May Relinquish the Infant
Citation: Cent. Code § 50-25.1-15

A parent of an infant less than 60 days old, or an agent of the parent with the parent's consent, may leave the infant in a newborn safety device at an approved location.

A parent of an infant under the age of 1 year, or an agent of the parent with the parent's consent, may leave the infant with an on-duty staff member at an approved location. 

Who May Receive the Infant
Citation: Cent. Code § 50-25.1-15; Admin. Code § 75-03-19.2-03

The child may be left with an on-duty staff member at an approved location. The term 'approved location' means a hospital or other location as designated by administrative rule adopted by the Department of Health and Human Services.

A 'newborn safety device' is a device that meets the following requirements:

• It is physically part of the building at an approved location.
• It is staffed 24 hours a day, 7 days a week.
• It is temperature-controlled and ventilated for the safety of newborns.
• It is equipped with a functional alarm system that automatically triggers an alarm inside the building when an infant is placed in the device.
• It is located in a manner that the interior point of access is in an area that is conspicuous and visible to the employees of the approved location.

In regulation: Approved locations for relinquishing an infant with an on-duty staff member is limited to the following physical locations as well as the offsite location of on-duty staff members of the following:

• Local public health units
• Human services zones
• Regional human services centers
• Long-term care nursing facilities
• Children's advocacy centers
• Emergency medical services operations
• Criminal justice agencies

Responsibilities of the Safe Haven Provider
Citation: Cent. Code § 50-25.1-15

An infant left under this section must be accepted at an approved location. An approved location is not required to possess a newborn safety device.

The approved location may request information regarding the parents and shall provide the parent or agent with a medical history form and an envelope with the approved location's return address. If a hospital accepting the infant has the infant's medical history, the hospital is not required to provide the parent or the agent with a medical history form. A parent or the agent is not required to provide any information.

If an infant is left at a hospital, the hospital shall provide the parent or agent with a numbered identification bracelet to link the parent or agent to the abandoned infant unless, due to birth of the infant, the infant and parent already have an identification bracelet. Possession of an identification bracelet does not entitle the bracelet holder to take custody of the abandoned infant.

The approved location may provide the parent or the agent with any relevant information, including information about the following:

• The safe place for abandoned infant programs
• Adoption and counseling services
• Whom to contact if reunification is sought

Within 24 hours of receiving an abandoned infant, the approved location shall report to the department that an infant has been left at an approved location. The report may not be made before the parent or agent leaves the approved location.

Upon receiving a report of an abandoned infant, the department shall proceed as required under this chapter if it appears that the abandoned infant was not harmed, except the department may not attempt to identify or contact the parent or the agent. If it appears the infant who was left was harmed, the approved location shall disclose to the department any known information as to the identity of the parent or agent, and the department shall initiate a child protection assessment of the matter as required by law.

Immunity for the Provider
Citation: Cent. Code § 50-25.1-15

The approved location and its employees and agents are immune from any criminal or civil liability for accepting an abandoned infant under this section.

Protection for Relinquishing Parent
Citation: Cent. Code § 50-25.1-15

A parent or agent is not subject to prosecution for abuse, neglect, or abandonment for leaving an abandoned infant.

Neither the parent nor the parent's agent is required to provide any information. An individual who contacts the department about the child is under no obligation to respond to a request for information, and the department may not attempt to a compel response or to investigate the identity or background of the individual.

If an abandoned infant is left in a newborn safety device at an approved location, the approved location may not inquire as to the identity of the parent or agent. If the identity of the parent or agent of the abandoned infant is known to the approved location, the approved location shall keep all information as to the identity of the parent or agent of the abandoned infant confidential. The parent or agent of the abandoned infant is not required to provide any information to the approved location but may voluntarily provide information, including the medical history of the parents or infant.

Consequences of Relinquishment
Citation: Cent. Code § 50-25.1-15

If an individual possesses a bracelet linking the individual to an abandoned infant and parental rights have not been terminated, possession of the bracelet creates a presumption that the individual has standing to participate in a protection services action. Possession of the bracelet does not create a presumption of maternity, paternity, or custody.

If an individual claiming to be the parent or the agent contacts the department and requests to be reunited with the abandoned infant, the department may identify or contact the individual. If an individual contacts the department seeking information only, the department may attempt to obtain information regarding the identity and medical history of the parents and may provide information regarding the procedures in an abandoned infant case.