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The Commomwealth of Kentucky

The Commomwealth of Kentucky. The Kentucky Board Of EMS. The Kentucky EMS for Children Project. The Thomas J. Burch Safe Infants Act. Tom Taylor EMT-P. Overview of the Law. The Thomas J. Burch Safe Infants Act went into effect April 9, 2002.

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The Commomwealth of Kentucky

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  1. The Commomwealth of Kentucky The Kentucky Board Of EMS The Kentucky EMS for Children Project The Thomas J. Burch Safe Infants Act Tom Taylor EMT-P

  2. Overview of the Law • The Thomas J. Burch Safe Infants Act went into effect April 9, 2002. • The law allows parents of newborn infants to anonymously drop them off at a safe place (i.e. EMS, Police or Fire Station, or Hospital) without fear of prosecution.

  3. Overview of the Law • The parent has 30 days to contact the State to ask for the child back. • After 30 days the State will seek termination of parental rights.

  4. Introduction • The law is intended to provide a humane option for parents who might otherwise abandon their newborn infant in a public place. • It is intended to prevent any unwanted newborn from being abandoned in an unsafe environment (i.e. a dumpster, out in the weather, etc.).

  5. Introduction A parent or person acting on behalf of the parent may now anonymously leave an unwanted infant with any Kentucky: • EMS provider • Fire station • Police station or • Hospital Without fear of prosecution.

  6. Introduction • The infant must be medically determined to be less than 72 hours old, and • Must not have indicators of child abuse, maltreatment, or neglect after birth. The situation MUST meet the following criteria:

  7. Be Advised! KNOW YOUR LOCAL PROTOCOL • 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 1-877-597-2331.

  8. How It Works • If the parent leaves the infant and expresses no intent to return for the infant, the parent has the right to: • Remain anonymous, • Leave at any time, • Not be pursued, and • Shall not be considered to have abandoned or endangered the newborn.

  9. How It Works • A police officer, firefighter, EMS worker or hospital worker who accepts the infant shall immediately arrange for the infant to be taken to the nearest emergency department. • The person who accepted the infant, as well as the ED physician, shall have implied consent to any and all appropriate medical treatment.

  10. The Plan The KBEMS and KYEMSC will make available a “Burch Baby” packet that contains the following: • A numbered bracelet • The DPP 1268 Medical Information Form • Legal Information • Medical Information for the mother

  11. Procedures • Filling out the medical information form is voluntary and will not be used to try to identify the parents. • The parent may complete the form at the time of infant drop off or may mail the form to the address at the bottom of the form.

  12. Procedures • Explain to the parent(s) that if they decide they want the baby back they may call the local Dept. For Community Based Services or call the DCBS hotline at 1-877-597-2331. • If no contact is made within 30 days of leaving the infant, the cabinet for families and children will seek involuntary termination of parental rights.

  13. Procedures • 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.

  14. Review • The newborn infant less than 72 hours old. • Has not been abused, neglected or maltreated. • May may be left with any EMS provider, fire station, police station or hospital. • The parent has the right to do this anonymously.

  15. Review • You must accept the infant. • You have implied consent to treat the infant if necessary. • Arrange for EMS transportation of the infant to the hospital. • Try to get the parent to fill out the medical information form or sent it in later.

  16. Review • Give the parent(s) the informational handouts. • The Department of Community-Based Services must be notified

  17. Review 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, or • Coerce or otherwise force the parent to give medical information.

  18. In Conclusion Provide care for the newborn infant. Allow the parent to maintain dignity in a difficult situation.

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