Indiana

We are dedicated to saving the lives of precious newborns, WHATEVER IT TAKES, as every life is precious.

We assist the pregnant woman or mother in a compassionate way to receive the help and support she needs.

REMEMBER, It is the Law-the baby MUST be given to a staff member at a Safe Haven facility. Tell them you are leaving the baby with “Safe Haven”.

ANONYMITY -We respect and protect the callers right to anonymity at all times.

MEDICAL HISTORY- Asking for and the mother providing medical history information is optional.

The Indiana Safe Haven Infant Protection Act:

Infant’s Age

Citation: Ann. Code § 31-34-2.5-1

The relinquished child may not be more than 45 days old.

Who May Relinquish the Infant

Citation: Ann. Code § 31-34-2.5-1

The child may berelinquished by his or her parent or any person designated by the parent.

Who May Receive the Infant

Citation: Ann. Code § 31-34-2.5-1

The child may be left with an emergency medical services provider.

Responsibilities of the Safe Haven Provider

Citation: Ann. Code §§ 31-34-2.5-1; 31-34-2.5-2

An emergency medical services provider shall, without a court order, take custody of a child who is, or who appears to be, not more than 45 days old if:

• The child is voluntarily left with the provider by the child’s parent.

• The parent does not express an intent to return for the child.

An emergency medical services provider who takes custody of a child under this section shall perform any act necessary to protect the child’s physical health or safety.

Immediately after an emergency medical services provider takes custody of a child, the provider shall notify the Department of Child Services that the provider has taken custody of the child. Not later than 48 hours after the department has taken custody of the child, it shall contact the Indiana Clearinghouse for Information on Missing Children and Missing Endangered Adults to determine if the child has been reported missing.

Immunity for the Provider

This issue is not addressed in the statutes reviewed.

Protection for Relinquishing Parent

Citation: Ann. Code §§ 31-34-2.5-1; 35-46-1-4

A person who voluntarily leaves a child with an emergency services provider is not required to disclose his or her name or the parent’s name.

If the accused person left a dependent child, who was not more than45 days old at the time the alleged act occurred, with an emergency medical provider who took custody of the child, it is a defense to a prosecution for abandonment or neglect of a dependent when:

•        The prosecution is based solely on the alleged act of leaving the child with the emergency medical services provider.

•        The alleged act did not result in bodily injury or serious bodily injury to the child.

Effect on Parental Rights

Citation: Ann. Code §§ 31-34-2.5-2; 31-34-2.5-3

The Department of Child Services shall assume the care, control, and custody of the child immediately after receiving notice from the emergency services provider.

A child for whom the Department of Child Services assumes care, control, and custody shall be treated as a child taken into custody without a court order, except that efforts to locate the child’s parents or reunify the child’s family are not necessary if, after receiving a written report and recommendation from the guardian ad litem or court-appointed special advocate, the court finds that reasonable efforts to locate the child’s parents or reunify the child’s family would not be in the best interests of the child.

·        Allows a distressed parent to give up an unwanted infant safely, legally and confidentially.

·        Preserves the parent from arrest or prosecution for abandonment.

·         Requires no names or records.

·         Makes medical treatment and social services available to the birth mother.

·         Puts the child into the custody of the Indiana Division of Family & Social Services Administration, which places the infant in a foster or pre-adoptive home.

Whenever the department takes custody of a child without a court order, the attorney for the department of child services shall, without unnecessary delay, request the juvenile court to:

a)     Authorize the filing of a petition alleging that the child is a child in need of services;

b)     Hold an initial hearing under IC 31-34-10 (dealing with Initial Hearing on Child in Need of Services Petition and Issuance of Summons) not later than the next business day after the child is taken into custody; and

c)     Appoint a guardian ad litem or a court appointed special advocate for the child.[vii]

Any person having care of a dependent may raise a defense to prosecution for the offense of the neglect of a dependent if the accused person left the child with an emergency medical services provider and the child was not older than 30 days at the time of abandonment.  However, the defense may be raised only if the abandoned child was not subject to any harm or bodily injury; and the prosecution is solely based on the act of leaving the child to an emergency medical services provider. [viii]