Section 9-34-202 - Delivery to medical provider, law enforcement agency, fire department, or in newborn safety device(a) Any medical provider, law enforcement agency, or fire department shall take possession of a child who is thirty (30) days old or younger without a court order if the parent of the child, without expressing an intent to return for the child, leaves the child: (1) With or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department, including without limitation when a parent leaves a newborn child with a medical provider staff member after delivery of the newborn child; or(2) In a newborn safety device that is: (A) Voluntarily installed by the medical provider, law enforcement agency, or fire department;(B) Physically located on a structured wall of or inside a hospital, law enforcement agency, or fire department; and(C) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department.(b)(1) A medical provider, law enforcement agency, or fire department that takes possession of a child under subsection (a) of this section shall perform any act necessary to protect the physical health and safety of the child.(2) A medical provider, law enforcement agency, or fire department shall:(A) Keep the identity of a parent who relinquishes a child under this section confidential; and(B) Not release or otherwise make the identity of the parent available except to a: (i) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency; or(ii) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department.(3)(A) If the identity of a parent or child is released or made known to the Department of Human Services in violation of subdivision (b)(2) of this section, the case shall proceed as a dependency-neglect action as defined under § 9-27-303, but with the same protections from liability as if an anonymous surrender was made under this section.(B)(i) If the child is relinquished at a location defined in § 9-34-201, the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if the parent's identity is known and the Department of Human Services proceeds under § 9-27-341.(ii) The Department of Human Services shall not subsequently use a resulting termination of parental rights against a parent who surrendered his or her child under this section.(c) A medical provider, law enforcement agency, or fire department shall: (1) Not be held criminally or civilly liable for any good faith acts or omissions performed under this section; and(2) Have an affirmative defense against any civil or criminal claim arising out of any act or omission performed under this section.(d)(1) A medical provider, law enforcement agency, or fire department other than a volunteer fire department that voluntarily installs a newborn safety device shall: (A) Be responsible for the cost of the installation; and(B) Install an adequate dual alarm system connected to the physical location of the newborn safety device that is:(i) Tested at least one (1) time per week to ensure the alarm system is in working order; and(ii) Visually checked at least two (2) times per day to ensure the alarm system is in working order.(2) A volunteer fire department may install a newborn safety device if: (A) The volunteer fire department complies with subdivision (d)(1) of this section;(B) The first responders at the volunteer fire department are able to respond to the placement of an infant in the newborn safety device within the shorter of the following: (i) The response time established by the county in which the volunteer fire department is located; or(ii) A time frame not to exceed four (4) minutes; and(C) The newborn safety device is:(i) Located within one (1) mile of a medical provider or law enforcement agency; and(ii) Equipped with: (a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and(b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and(2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii)(a) of this section.Amended by Act 2023, No. 348,§ 3, eff. 8/1/2023.Amended by Act 2023, No. 68,§ 3, eff. 8/1/2023.Amended by Act 2019, No. 185,§ 3, eff. 7/24/2019.Amended by Act 2013, No. 1004,§ 1, eff. 8/16/2013