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If you don't want your baby or if you know someone who doesn't, Indiana law allows you to drop-off the newborn at any fire station or other emergency medical provider, with no questions asked.
Indiana's Safe Haven Law was put into effect March 2000. The law allows mothers to leave their unwanted newborn baby in a safe location such as a hospital, fire station (not a Volunteer Fire Stations), police station, or another designated area such as a health care providers office. Total secrecy for the mother is assured, and she will not be prosecuted for abandonment or neglect if she acts within 45 days of the birth, and the baby is not harmed. Once the newborn is left at a Safe Haven location, they are given medical attention and care and placed in an appropriate home. The law gives newborns protection and frightened mothers an option.
Safe Havens in Indiana You may go to the emergency room of any hospital in the state of Indiana and leave your baby with an employee. (Hospital employees usually wear name badges, either clipped to a pocket, or hanging from their neck.) You can also give leave your baby with a firefighter, law enforcement officer, paramedic, emergency medical technician (EMT). It is important to understand that you must leave your baby with a person, and not, for example, in a bathroom at a hospital. Newborn children need lots of tender care. THE LAW:
Emergency Custody of Certain Abandoned Children
Emergency medical services provider taking custody of child
Sec. 1. (a) 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 thirty (45) days of age if:
(1) the child is voluntarily left with the provider by the child's parent; and
(2) the parent does not express an intent to return for the child.
(b) 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.
(C) any person who in good faith voluntarily leaves a child with an emergency medial services provider is not obligated to disclose the parent's name or their name.
As added by P.L. 133-2000, SEC.3. Amended by P.L.217--2001, SEC. 5.
Notice to department of child services
Sec. 2. (a) Immediately after an emergency medical services provider takes custody of a child under section 1 of this chapter, the provider shall notify the department of child services that the provider has taken custody of the child.
(b) The department of child services shall:
(1) assume the care, control, and custody of the child immediately after receiving notice under subsection (a); and
(2) not later than forty-eight (48) hours after the department of child services has taken custody of the child, contact the Indiana clearinghouse for information on missing children established by IC 10-13-5-5 to determine if the child has been reported missing. As added by P.L 133-2000, SEC.3. Amended by P.L.217-2001, SEC. 6; P.L.2-2003, SEC76; P.L.234-2005, SEC. 169.
Treatment as child taken into custody without court order
Sec. 3. A child for whom the the department of child services assumes care, control, and custody under section 2 of this chapter, 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 the court makes a finding to that effect under IC 31-34-21-5.6(b)(5).
As added by P.L.133-2000, SEC. 3.Amended by P.L.234-2005, SEC.170.
Duties of attorney for department of child services
Sec. 4. Whenever a child is taken into custody without a court order under this chapter, the attorney for the department of child services shall, without unnecessary delay, request the juvenile court to:
(1) authorize the filing of a petition alleging that the child is a child in need of services;
(2) hold an initial hearing under IC 31-34-10 not later than the next business day after the child is taken into custody; and
(3) appoint a guardian ad litem or a court appointed special advocate for the child.
As added by P.L.133-2000, SEC.3. Amended by P.L.129-2005, SEC.5; P.L.234-2005, SEC. 171. |
