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The Representative Thomas J. Burch Safe Infant Act. Effective Date: April 9, 2002 Amended: April 13, 2016. The Representative Thomas J. Burch Safe Infant Act. Allows a parent or someone acting on their behalf to safely and anonymously surrender a newborn infant
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The Representative Thomas J. Burch Safe Infant Act Effective Date: April 9, 2002 Amended: April 13, 2016
The Representative Thomas J. Burch Safe Infant Act • Allows a parent or someone acting on their behalf • to safely and anonymously surrender a newborn infant • medically determined to be ≤30 days old • without fear of prosecution • in a safe place.
The Representative Thomas J. Burch Safe Infant Act • Intended to provide a humane option for parents who might otherwise abandon their newborn infant in a public place or in an unsafe environment. • Dumpster • Bathroom stall or trash can • Outside
Receiving Personnel • The intent is for the child to be given directly to a person, not “left on the doorstep”. • Hospital emergency room staff • An officer at a police station • A firefighter at a fire station • An EMS provider • A participating place of worship*
Participating Place of Worship • Recognized place of religious worship that: • Has voluntarily agreed to perform the duty • Displays signage prominently on its premises • indicating participation • lists operating hours during which staff will be present • Any staff member who accepts physical custody of a newborn infant in accordance with this statute shall immediately contact emergency medical services for transportation to the nearest hospital emergency room.
Conditions • Child ≤30 days of age as best determined by history and medical exam • Does not apply in cases with signs of abuse, maltreatment, or neglect after birth • Act in the child’s best interest
Mandatory Reporting of Abuse • Kentucky law requires ANY care provider who suspects child abuse, neglect, or maltreatment SHALL report it. • Reports should be made to the local Dept. For Community Based Services or call the DCBS hotline at (877)597-2331.
Parents Rights At the Time of Surrender • If the parent leaves the infant and expresses no intent to return for the infant, they have the right to: • Remain anonymous • Leave at any time • Not be pursued • Shall not be considered to have abandoned or endangered the newborn
Your Responsibilities as an EMS Provider • You MUST accept the infant • The person who accepted the infant shall have IMPLIED CONSENT to any and all appropriate medical treatment • *Assess and provide treatment as necessary* • Safe Infant Protocol • Routine Care • Any other, including resuscitation if needed/appropriate • Arrange for immediate transport to the Emergency Department • “Abandoned Infant Packet”
You May Not: • Detain, follow, or pursue the parent • Coerce or otherwise force the parent to reveal their identity • Coerce or otherwise force the parent to keep the infant • Coerce or otherwise force the parent to give medical information
Remember… • Do not be judgmental towards the person leaving the newborn infant. • This may be an extremely difficult choice for a parent to make. • Work from the basis that the parent is trying to do the right thing for their newborn.
In the Packet • Copy of KY EMS Safe Infant Protocol • Numbered bracelet • To be placed on infant’s ankle • Medical Information Form • Completion is voluntary • May be mailed in anonymously, at later time • Ensure bracelet number remains attached • 2 Brochures • Post-partum care • Legal information
The Hospital • Required to admit and provide all necessary medical care, diagnostic tests, and medical treatment • Implied consent • Physician or hospital administrator shall immediately contact local DCBS • Allow anonymity, offer information, etc.
Department of Community Based Services • Shall immediately seek an order for emergency custody of the infant (order in effect for 30 days) • No CPS investigation or assessment shall be initiated regarding the abandonment in the absence of indicators of abuse or neglect • Place in foster care upon hospital release • Work with law enforcement to investigate through the Missing Child Information Center • File petition to terminate parental rights and place child for adoption • If a claim of parental rights is made, hold not to exceed 90 days
Option to Claim Parental Rights • Parent waives the right to notification….unless/until claim of parental rights is made • Waives legal standing to make claim of action against any person who accepts physical custody of the newborn infant • The parent has 30 days to contact DCBS and claim parental rights • Hearing within 10 days • Court may require genetic testing to establish maternity/paternity at the expense of the claimant • CPS investigation or assessment and home evaluation to develop recommendations for the Court • Court cannot determine neglect solely on Safe Surrender
In Conclusion • Ensure the safety and health of the infant • Provide appropriate assessment and treatment • Report suspicion of abuse • Treat the parent of other representative with respect • Allow dignity in difficult circumstances • Offer information • post-care and legal • Request completion of voluntary medical information • The goal is to provide a safe alternative and save lives!
Statutes • KRS 405.075 • KRS 211.951 • KRS 216B.190 • KRS 620.350 • KRS 620.355