Infant Safe Haven Laws - Pennsylvania

Infant's Age
Citation: Cons. Stat. Tit. 23, §§ 6502; 6503

A newborn may be relinquished. The term 'newborn' means a child less than 28 days of age as reasonably determined by a physician.

Who May Relinquish the Infant
Citation: Cons. Stat. Tit. 23, § 6503

The child may be relinquished by his or her parent. 

Who May Receive the Infant
Citation: Cons. Stat. Tit. 23, §§ 6504; 6504.1—6504.4; 6505

The child may be left with a health-care provider at a hospital, a police officer at a police station, an emergency services provider, or urgent care center. For purposes of this section, health-care provider includes administrative, managerial, and security personnel employed by a hospital.

A hospital, police station, urgent care center, or other entity employing or otherwise providing access to an emergency services provider may provide an incubator for the care of a newborn accepted under this chapter.

The Department of Health shall promulgate regulations for providing an incubator, including sanitation standards; procedures for care for the infant placed in an incubator; and operating policies, including that only an emergency services provider, a health-care provider at a hospital, or police officer at a police station may take an infant into protective custody.

The incubator must meet the following requirements:

• It shall be installed at a hospital, police station, urgent care center, or other entity that provides access to an emergency services provider.
• It shall allow an infant to be placed in the incubator anonymously by the parent.
• It shall lock after the parent places the infant in the incubator to prevent third parties from having access to the infant.
• It shall provide a controlled environment to protect and care for the infant.
• It shall provide notice to the personnel of a hospital, police station, urgent care center, or other entity within 30 seconds of the infant being placed by the parent in the incubator.
• It shall trigger a 911 call if the personnel of a hospital, police station, urgent care center, or other entity does not respond within a reasonable amount of time.

Responsibilities of the Safe Haven Provider
Citation: Cons. Stat. Tit. 23, §§ 6504; 6504.1; 6504.2; 6504.4; 6505 

A health-care provider shall do the following:

• Take the newborn into protective custody
• Perform a medical evaluation, as well as perform any act necessary to care for and protect the physical health and safety of the newborn
• Notify the county agency and the local municipal police department or the Pennsylvania State police

When a health-care provider accepts a newborn pursuant to this chapter, a parent, police officer, emergency services provider, or health-care provider at an urgent care center may provide a health-care provider with information about the newborn's medical history and any identifying information.

A police officer at a police station shall do the following:

• Take the newborn into protective custody
• Ensure the newborn is transported to a hospital and placed into the care of a health-care provider

When a police officer accepts a newborn pursuant to this chapter, a parent may provide the police officer with information about the newborn's medical history and any identifying information.

In accepting a newborn, an emergency services provider or a health-care provider at an urgent care center shall do the following:

• Take the newborn into protective custody
• Ensure the newborn is transported to a hospital and placed into the care of a health-care provider 

When an emergency services provider or health-care provider at an urgent care center accepts a newborn under this chapter, a parent may provide the provider with information about the newborn's medical history and identifying information.

A health-care provider at a hospital shall, in all cases, notify the county agency and the local municipal police department or the Pennsylvania State police where no municipal police jurisdiction exists immediately by telephone regarding a newborn accepted by a hospital. A written report shall be submitted within 48 hours after the oral report. 

Immunity for the Provider
Citation: Cons. Stat. Tit. 23, § 6507

Except for a violation of § 6506 (relating to failure to report acceptance of newborns), no emergency services provider, entity that employs or otherwise provides access to an emergency services provider; hospital; urgent care center, health-care provider at a hospital or urgent care center; or police department, police officer, or administrative or managerial personnel of a police department shall be subject to civil liability or criminal penalty solely by reason of complying with the provisions of this chapter. 

Protection for Relinquishing Parent
Citation: Cons. Stat. Tit. 23, § 6503; Title 18, § 4306

The parent is not criminally liable under any provision of title 18 (relating to crimes and offenses) if the criteria of 18 Pa.C.S. § 4306 are met.

A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in the care of a hospital, a health-care provider at an urgent care center, or another emergency services provider provided that the following criteria are met:

• The parent expresses, either orally or through conduct, the intent to have the hospital, health-care provider at the urgent care center, police officer, or emergency services provider accept the newborn.
• The newborn is not a victim of child abuse or criminal conduct.

A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in an incubator if the newborn is not a victim of child abuse or criminal conduct and the incubator is located at any of the following:

• At a hospital
• At a police station
• On the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider
• At an urgent care center

Consequences of Relinquishment

This issue is not addressed in the statutes reviewed.