Infant Safe Haven Laws - West Virginia

Infant's Age
Citation: Ann. Code § 49-4-201 

A child who is younger than 30 days old may be relinquished.

Who May Relinquish the Infant
Citation: Ann. Code § 49-4-201 

The child may be relinquished by his or her parent. 

Who May Receive the Infant
Citation: Ann. Code §§ 49-4-201; 49-4-206 

The child may be left at a hospital, health-care facility, fire department, emergency medical service facility, police department, 911 call center, or sheriff's detachment that has been designated a safe-surrender site under § 49-4-206.

Hospitals, health-care facilities, fire departments, emergency medical service facilities, police departments, 911 call centers, or sheriff's detachments designated as safe-surrender sites may install and operate newborn safety devices. A 'newborn safety device' is a device that meets the following requirements:

• It is designed to permit a person to anonymously place a child under 30 days of age in the device with the intent to leave the child, and for a licensed emergency medical services provider to remove the child from the device and take custody of the child.
• It is equipped with an adequate dual alarm system connected to the physical location where the device is physically installed. The dual alarm system must:  
  • Be tested at least once per week and visually checked at least twice per day to ensure the alarm system is in working order
  • Notify a centralized location in the facility within 30 seconds of a child being placed in the device
  • Trigger a 911 call if staff at the facility do not respond within 15 minutes after a child is placed in the device
• It must be approved by and physically located, with outside access, at a participating hospital or medical facility, or a fire department that has been designated a safe-surrender site that is licensed or otherwise legally operating in this State and is staffed continuously on a 24-hour basis every day by a licensed emergency medical services provider.
• It is located in an area that is conspicuous and visible to a hospital, a medical facility, or a fire department.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code §§ 49-4-201; 49-4-202 

The hospital, health-care facility, fire department, emergency medical service facility, police department, 911 call center, or sheriff's detachment shall, without a court order, take possession of a child if the child is voluntarily delivered to the hospital, health-care facility,  fire department, emergency medical service facility, police department, 911 call center, or sheriff's detachment by the child's parent within 30 days of the child's birth, and the parent did not express an intent to return for the child. A hospital, health-care facility, fire department, emergency medical service facility, police department, 911 call center, or sheriff's detachment that takes possession of a child shall perform any act necessary to protect the physical health or safety of the child.

Any emergency medical services provider who physically retrieves a child from a newborn safety device shall immediately arrange for the child to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment.

No later than the close of the first business day after the date on which a hospital or health-care facility takes possession of a child, the hospital or health-care facility shall notify the Child Protective Services Division that it has taken possession of the child and shall provide the division any information provided by the parent delivering the child. 

Upon taking possession of a child, a fire department shall do the following:

• Deliver the child to the nearest hospital or health-care facility as soon as possible, but transport may begin no later than 30 minutes upon taking possession of a child
• Notify the division within 2 hours of taking possession of the child of the following:
  • That it has delivered the child and identify the hospital or health-care facility to which it delivered the child
  • Provide the division any information provided by the parent delivering the child

The hospital, health-care facility, or fire department shall refer any inquiries about the child to the division.

Immunity for the Provider
Citation: Ann. Code § 49-4-201

An emergency medical services provider with the duty granted in this article whose actions are taken in good faith is immune from criminal or civil liability, unless his or her actions were the result of gross negligence or willful misconduct. The grant of immunity in this section extends to all employees and administrators of the emergency medical services provider.

Protection for Relinquishing Parent
Citation: Ann. Code §§ 49-4-201; 49-4-203; 49-4-204

In accepting possession of the child, the hospital, health-care facility, fire department, emergency medical service facility, police department, 911 call center, or sheriff's detachment may not require the person to identify himself or herself and shall otherwise respect the person's desire to remain anonymous.

A person who relinquishes a child in a newborn safety device may remain anonymous and shall not be pursued, and the relinquishment of a child pursuant to the provisions of this section shall not, in and of itself, be considered child abuse and neglect as that term is defined in §49-1-201.

The department and county prosecuting attorney may not identify in a dependency petition the parent(s) who utilized this article to relinquish his or her child.

A parent who relinquishes his or her child in good faith within 30 days of the child's birth under this article is immune from prosecution under § 61-8D-4(a).

Consequences of Relinquishment
Citation: Ann. Code §§ 49-4-201; 49-4-202; 49-4-203; 49-4-205

By placing a child in a newborn safety device, the person does the following:

• Waives the right to notification required by subsequent court proceedings
• Waives legal standing to make a claim of action against any person who accepts physical custody of the child

The Department of Human Services shall assume the care, control, and custody of the child at the time of delivery of the child to the hospital, health-care facility, or fire department and may contract with a private child care agency for the care and placement of the child after the child leaves the hospital, health-care facility, or fire department.

A child of whom the department assumes care, control, and custody under this article is a relinquished child and to be treated in all respects as a child taken into custody pursuant to § 49-4-303. Upon taking custody of a child under this article, the department, with the cooperation of the county prosecuting attorney, shall cause a petition to be presented pursuant to § 49-4-602 to obtain court-ordered custody of the child. Thereafter, the department shall proceed in compliance with compliance with § 49-4-601, et seq.

The child shall be eligible for adoption as an abandoned child under chapter 48.