The Representative Thomas J. Burch Safe Infant ActApril 9, 2002

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 ≤72 hours 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

Conditions

Child ≤72 hours of age as best determined by history and medical exam Ongoing efforts to increase to ≤30 days

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 (800) 752-6200.

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

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!