Infant Safe Haven Laws - Virgin Islands

Infant's Age
Citation: Ann. Code Tit. 5, § 2561

A newborn infant may be relinquished. A 'newborn infant' is a child, is not an abused or neglected child, who a licensed physician reasonably believes is 60 days old or less at the time the child is initially relinquished.

Who May Relinquish the Infant
Citation: Ann. Code Tit. 5, § 2561

An infant may be relinquished by either parent. The 'relinquishing parent' is the parent who brings, or otherwise causes the newborn infant to be brought, to the safe haven provider or calls 9-1-1 and relinquishes the infant. The 'nonrelinquishing parent' is the parent of a relinquished newborn infant who did not bring the infant or cause the newborn infant to be brought to the safe haven provider.

Who May Receive the Infant
Citation: Ann. Code Tit. 5, § 2561

A 'safe haven provider' is a hospital, fire station, emergency medical facility, or police station.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code Tit. 5, §§ 2563; 2565; 2569; 2570

Every fire station/EMS and emergency medical facility shall accept and provide all necessary emergency services and care to a relinquished newborn infant or shall obtain emergency medical services by calling for EMS. After the relinquishment of a newborn infant to a fire station/EMS, the fire station shall arrange for the transportation of the newborn infant to the nearest hospital as soon as transportation can be arranged.

Every police station shall accept a relinquished newborn infant. After the relinquishment of a newborn infant to a police station, the police station shall arrange for the transportation of the newborn infant to the nearest hospital as soon as transportation can be arranged.

Every hospital shall accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this subchapter. The hospital shall examine a relinquished newborn infant and perform tests that, based on reasonable medical judgment, are appropriate for evaluating whether the relinquished newborn infant was abused or neglected.

The act of relinquishing a newborn infant serves as implied consent for the hospital and its medical personnel and physicians on staff to treat and provide care for the newborn infant.

The hospital is deemed to have temporary physical custody of a relinquished newborn infant until the newborn is discharged to the custody of the Virgin Islands Department of Human Services.

If either the relinquishing or nonrelinquishing parent of a newborn infant returns to reclaim the child after relinquishing the infant to a safe haven provider, staff shall inform the parent to contact the department. A safe haven provider may not in any circumstance give the infant back to the relinquishing or nonrelinquishing parent.

The safe haven provider shall take temporary physical custody of a child, without a court order, if the child is personally delivered to a safe haven provider, and if the following apply:

• The child is no more than 60 days old.
• The parent delivers or causes the infant to be delivered to the safe haven provider.
• The parent does not express an intent to return for the child.
• There is no evidence of injury or abuse of the newborn infant.

If a safe haven provider takes temporary physical custody of a child, the safe haven provider shall perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody, including, but not limited to, delivering the child to a hospital for care or treatment.

No later than 12 hours after accepting an infant from a relinquishing person or from staff at a fire station, emergency medical facility, or police station, a hospital shall report the relinquishment to the department for the purpose of transferring physical custody of the infant from the hospital to the department.

Once a hospital has made a report to the department, the department shall arrange to accept physical custody of the relinquished newborn infant and, no later than 48 hours of taking a newborn infant into custody, shall seek a court order for emergency temporary custody of the infant. 

No later than 24 hours after receiving the report, the department shall request assistance from law enforcement officials to investigate the matter using the National Center for Missing and Exploited Children (NCMEC) to ensure that the relinquished newborn infant is not a missing child. The extent of this investigation involves only a determination that the infant is not a missing child and may not extend to an investigation of the relinquishing or nonrelinquishing parent.

Immunity for the Provider
Citation: Ann. Code Tit. 5, §§ 2565; 2566

A safe haven provider with responsibility for performing duties under this section, and any employee, doctor, or other personnel working with the safe haven provider, are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith and within their professional scope in receiving a child and performing duties under this section.

A safe haven provider and any personnel of a safe haven provider are immune from criminal or civil liability for acting in good faith in accordance with this subchapter. Nothing in this subchapter limits liability for negligence for care and medical treatment.

Protection for Relinquishing Parent
Citation: Ann. Code Tit. 5, §§ 2565; 2566; 2567

A safe haven provider may not inquire as to the identity of the parent. If the identity of a parent is known to the safe haven provider, the safe haven provider shall keep all information confidential, in accordance with the Health Insurance Portability and Accountability Act (HIPAA), and the confidentiality requirements under title 19 of the Virgin Islands Code. The parent leaving the newborn infant shall not be required to provide any information to the safe haven provider but may voluntarily provide information, including, but not limited to, medical history of the parents or the newborn infant.

A parent may leave a newborn infant with a safe haven provider in this territory without being subjected to prosecution for abandonment or neglect pursuant to the provisions of title 14, § 504, if the newborn infant is no more than 60 days of age when the newborn infant is left with the safe haven provider, as determined within a reasonable degree of medical certainty, and there is no evidence of injury or abuse of the newborn infant.

The act of relinquishing a newborn infant to staff at a safe haven provider does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the newborn. If there is suspected child abuse or neglect that is not based solely on the newborn infant's relinquishment at a safe haven provider, staff who are mandated reporters shall report the abuse or neglect. Neither a child protective investigation nor a criminal investigation may be initiated solely because a newborn infant is relinquished pursuant to this subchapter.

If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing parent has the right to remain anonymous and to leave the safe haven provider at any time and not be pursued or followed. Before the relinquishing person leaves the safe haven provider, the safe haven provider personnel shall verbally inform the relinquishing person that by relinquishing the newborn infant anonymously the relinquishing person will have to petition the court if preventing the termination of parental rights and regaining custody of the newborn infant is desired. The safe haven provider shall offer the relinquishing parent an information packet containing facts about custody and parental rights.

Consequences of Relinquishment
Citation: Ann. Code Tit. 5, §§ 2562; 2570; 2572

There is a presumption that a person relinquishing a newborn infant, or otherwise causing the newborn infant to be relinquished, is the newborn infant's biological parent and either without expressing an intent to return for the newborn infant or expressing an intent not to return for the newborn infant, did intend to relinquish the newborn infant to a Safe Haven Provider to treat, care for, and provide for the newborn infant in accordance with this subchapter.

There is a presumption that by relinquishing a newborn infant, the newborn infant's relinquishing parent consents to the termination of his or her parental rights with respect to the newborn infant.

Both the relinquishing and nonrelinquishing parent of a relinquished newborn infant may rebut the presumption set forth in this section at any time before the termination of the parent's parental rights.

The department shall initiate proceedings to terminate the parental rights of the relinquished newborn infant's known or unknown parents no sooner than 60 days following the date of the initial relinquishment of the newborn infant to the safe haven provider. Before filing a petition for termination of parental rights, the department shall do the following:

• Search its putative father registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father
• Verify with law enforcement officials, using the National Center for Missing & Exploited Children, that the relinquished newborn infant is not a missing child
• No later than 10 days after the newborn infant is relinquished, attempt to identify, locate, and notify the nonrelinquishing parent by performing a missing-child search and publishing notice of the relinquishment of the newborn to include the following:
  • The place, date, and time of the relinquishment
  • The sex, race, approximate age, any identifying marks of the newborn infant, and any other identifying information the department considers necessary
  • A statement that the nonrelinquishing parent's failure to notify the department of an intent to exercise his or her parental rights and responsibilities within 20 days after publication of the notice shall be deemed to be the nonrelinquishing parent's irrevocable consent to the termination of all parental rights 

A relinquishing or nonrelinquishing parent of a relinquished newborn infant may petition for the return of custody of the newborn infant before the termination of parental rights by filing a petition in the court in which the proceeding for the termination of parental rights is pending. The court may hold the proceeding for the termination of parental rights in abeyance for up to 60 days from the date that the petition for return of custody was filed. During that period, the following must occur:

• The court shall order genetic testing to establish maternity or paternity, or both.
• The department shall conduct a home study to develop recommendations to the court.
• When indicated, as a result of the department's investigation and home study, further proceedings may be conducted. 

Failure to file a petition for the return of custody of a relinquished newborn infant before the termination of parental rights bars any future action asserting legal rights with respect to the newborn infant unless the relinquishing parent's act of relinquishment that led to the termination of parental rights involved fraud perpetrated against and not stemming from or involving the nonrelinquishing parent.

No action to void or revoke the termination of parental rights of a parent of a relinquished newborn infant may be commenced after 12 months after the date that the newborn infant was initially relinquished unless the act of relinquishment that led to the termination of parental rights involved fraud.