Section 50-25.1-15 - Abandoned infant - Approved location procedure - Reporting immunity1. As used in this section: a. "Abandoned infant" means an infant who has been abandoned at birth at a hospital or before reaching the age of one year regardless of the location of birth and who has been left with an on-duty staff member at an approved location in an unharmed condition.b. "Approved location" means a hospital or other location as designated by administrative rule adopted by the department.c. "Hospital" means a facility licensed under chapter 23-16.2. A parent of an infant under the age of one year, or an agent of the parent with the parent's consent, may leave the infant with an on-duty staff member at an approved location. Neither the parent nor the agent is subject to prosecution under sections 14-07-15 and 14-09-22 for leaving an abandoned infant.3. An approved location shall accept an infant left under this section. The approved location may request information regarding the parents and shall provide the parent or the agent with a medical history form and an envelope with the approved location's return address. If a hospital accepting the infant has the infant's medical history, the hospital is not required to provide the parent or the agent with a medical history form. Neither the parent nor the agent is required to provide any information.4. If an infant is left at a hospital, the hospital shall provide the parent or the agent with a numbered identification bracelet to link the parent or the agent to the infant, unless due to birth of the infant, the infant and parent currently have an identification bracelet. Possession of an identification bracelet does not entitle the bracelet holder to take custody of the infant on demand. If an individual possesses a bracelet linking the individual to an infant left at a hospital under this section and parental rights have not been terminated, possession of the bracelet creates a presumption that the individual has standing to participate in a protection services action brought under this chapter or chapter 27-20.3. Possession of the bracelet does not create a presumption of maternity, paternity, or custody.5. The approved location may provide the parent or the agent with any relevant information, including: a. Information about the safe place for abandoned infant programs;b. Information about adoption and counseling services; andc. Information about whom to contact if reunification is sought.6. Within twenty-four hours of receiving an infant under this section, the approved location shall report to the department or authorized agent, as required by section 50-25.1-03, that an infant has been left at the approved location. The report may not be made before the parent or the agent leaves the approved location.7. The approved location and its employees and agents are immune from any criminal or civil liability for accepting an infant under this section.8. Upon receiving a report of an abandoned infant under this section, the department or authorized agent shall proceed as required under this chapter if it appears that the abandoned infant was not harmed, except the department or authorized agent may not attempt to identify or contact the parent or the agent. If it appears the infant who was left was harmed, the department or authorized agent shall initiate a child protection assessment of the matter as required by law.9. If an individual claiming to be the parent or the agent contacts the department or authorized agent and requests to be reunited with the infant who was left, the department or authorized agent may identify or contact the individual as required under this chapter and all other applicable laws. If an individual contacts the department or authorized agent seeking information only, the department or authorized agent may attempt to obtain information regarding the identity and medical history of the parents and may provide information regarding the procedures in a case involving an infant who was left at an approved location. The individual is under no obligation to respond to the request for information, and the department or authorized agent may not attempt to compel response to investigate the identity or background of the individual.10. The department shall develop and implement a public awareness campaign to provide information, public service announcements, and educational materials regarding this section to the public, including medical providers, law enforcement, and social service agencies.Amended by S.L. 2021 , ch. 352( HB 1247 ), § 470, eff. 9/1/2022.Amended by S.L. 2021 , ch. 245( HB 1035 ), § 41, eff. 7/1/2021.Amended by S.L. 2021 , ch. 377( SB 2083 ), § 21, eff. 8/1/2021.Amended by S.L. 2019 , ch. 417( HB 1285 ), § 1, eff. 8/1/2019.Amended by S.L. 2019 , ch. 416( HB 1108 ), § 9, eff. 8/1/2019.See S.L. 2019 , ch. 417( HB 1285 ), § 2.