Infant Safe Haven Laws - Penobscot Nation

Date: February 2026

Infant's Age
Citation: Tribal Code Ch 15, Subchapter 2, § 6

A child that is younger than 90 days of age may be delivered to a safe haven provider.

Who May Relinquish the Infant
Citation: Tribal Code Ch 15, Subchapter 2, § 6

A person who does not express intent to return for the child may voluntarily deliver a child to a safe haven provider. 

Who May Receive the Infant
Citation: Tribal Code Ch 15, Subchapter 2, §§ 2; 6

A person who voluntarily delivers a child less to a safe haven provider may be requested to provide information helpful to the welfare of the child. 

A 'safe haven provider' includes any of the following:

  • A law enforcement officer
  • Staff at a medical emergency room
  • A medical services provider
  • A hospital staff member at a hospital
  • A representative of the Penobscot Nation Department of Social Services
  • Any person affiliated with a church or religious institution that serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in the capacity, regardless of whether the person receives compensation

Responsibilities of the Safe Haven Provider
Citation: Tribal Code Ch 15, Subchapter 2, § 6

A safe haven provider who accepts a child shall promptly notify the department during working hours, otherwise they shall notify the Penobscot Nation Public Safety Department or Maine State Child Protective Intake of the delivery of the child. The provider must transfer the child to the department at the earliest opportunity and provide to the department all information provided by the person delivering the child to the safe haven provider.

All health care or other information obtained by a safe haven provider in providing temporary custody of the child may be provided to the department upon request.

Immunity for the Provider
Citation: Tribal Code Ch 15, Subchapter 2, § 6

A person or entity that accepts a child under this section or provides temporary custody of a child accepted under this section is not subject to civil, criminal, or administrative liability for accepting the child or providing temporary custody of the child in the good faith belief that the action is required or authorized by this section. This subsection does not affect liability for personal injury or wrongful death, including, but not limited to, injury resulting from medical malpractice

Protection for Relinquishing Parent
Citation: Tribal Code Ch 15, Subchapter 2, § 6

The person who accepts a child under this section may not detain the person delivering the child to obtain information.

All personally identifiable information provided by the person delivering the child to a safe haven provider is confidential and may not be disclosed by the safe haven provider to anyone except to the extent necessary to provide temporary custody of the child until the child is transferred to the department and except as otherwise provided by court order.

Consequences of Relinquishment

This issue is not addressed in the Tribal codes reviewed.

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