2.16 Safe Infant Act Assessments

Legal Authority

KRS 405.075 Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability -- Short title....

KRS 620.350 Abandoned newborn infant -- Emergency custody order -- No investigation of abandonment -- Placement in foster home -- Inquiry to ensure that infant is not missing child -- Involuntary termination of parental rights....

Introduction

The Kentucky Safe Infants Act allows parents to leave newborn infants less than thirty (30) calendar days old at a staffed police station, fire station, hospital, or participating place of worship without fear of criminal prosecution or allegation of neglect.

The medical provider, firefighter, police officer, or staff member at a participating place of worship should ensure the child is seen at the nearest emergency room for evaluation and contact child protective services (CPS). If there are no indicators of abuse or neglect, the Department for Community Based Services (DCBS) will initiate the report following the non-investigatory response path under Safe Infant, as no further SDM® tools are required.

If the parent(s) does not come forward within the initial thirty (30) calendar days of placement, DCBS requests a waiver of reasonable efforts and proceeds with termination of parental rights (TPR).

Safe Infant reports are not received often, so there may be confusion regarding how these reports are entered and managed. The Child Protection Branch has a specialist designated to assist and consult on Safe Infant cases. If additional guidance is needed, please send an email to DCBSChildProtection@ky.gov.

Practice Guidance

A parent may enact the Safe Infant Act at any point within the first thirty (30) calendar days of a child’s life, including following delivery in a hospital/birthing center.
Individuals may not know the exact terminology (example: stating they want to “place the child for adoption” rather than stating Safe Infant Act) to use when relinquishing an infant. The worker must determine if there is an adoption plan, or what the mother’s wishes are.
Should DCBS have information on the birth parent(s) due to the Safe Infant designation not being utilized upon the initial intake, no one claiming to be a biological relative may be pursued for placement.
When filing the emergency custody order (ECO), the body of the petition must only include facts known about the situation, including but not limited to:

Where the infant was born (name of hospital) or where the child was relinquished (hospital, fire station, police station, participating place of worship);
Who relinquished the child (for example, a mother who declined to give her name);
If the parent(s) indicated a desire to place the child for adoption anonymously;
Why the case is brought before the court, in accordance with KRS 620.350;
The infant’s name (which is recorded on the petition as “Baby Girl Jane Doe” or Baby Boy John Doe”, until the foster parent names the infant with a first name and middle name).

The circuit or family court may take one of the following actions if a claim of parental rights is made prior to the court order terminating parental rights:

Place the involuntary TPR proceeding on hold for up to ninety (90) calendar days;
Remand the case to district court, where an adjudicatory hearing is held within ten (10) calendar days of the assertion of parental rights; or
Enter an order requiring genetic testing to establish maternity or paternity at the expense of the claimant.

The sole act of relinquishment as it pertains to the Safe Infants Act does not result in a finding of abuse or neglect; other indicators of child abuse or neglect must be present.
The petition to TPR is made by the Office of Legal Services (OLS) within sixty (60) calendar days of the judicial determination that the child is an abandoned infant.
From the time that the TPR is filed, or if the agency joins a petition for termination filed by another party, the worker begins working simultaneously with recruitment and certification (R&C) as appropriate to identify, recruit, process, and approve a qualified family for adoption. (Title IV-E, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i)(3)).

Procedure

The SSW:

Immediately seeks an emergency custody order (ECO) on behalf of the infant when DCBS is notified of an infant that meets criteria as a Safe Infant;
Requests within twelve (12) hours that the newborn infant receives a full trauma workup by a medical provider, including blood work, full skeletal x-ray, and a CT scan as recommended by the physician, Ii the infant is born outside of, or relinquished at, a place other than a hospital;
Offers the person or parent relinquishing the infant the following brochures when possible:

Attempts to complete the following tasks if the person or parent relinquishing the newborn infant is willing:

Obtain as much medical information about the parents using the voluntary medical information questionnaire (the DPP-1268 Medical Information for Newborn Infants); and
Provide information regarding:

Family services;
TPR; and
Adoption;

Does not place the parent’s identity in TWIST, petitions, or other legal documents. This includes the case plan, ADT, or case file unless the parent(s) has expressly stated they do not want to remain anonymous;
Places the infant in a foster/adoptive home approved to provide concurrent planning placement services after obtaining emergency custody of the infant and upon the infant’s release from the hospital;
Completes the appropriate assessment tool in TWIST;
Opens a case and develops an out-of-home care (OOHC) case plan;
Documents in the applicable sections of the case plan related to the parent that the parent is unknown;
Does not pursue placement with an individual claiming to be a relative of the newborn infant that has been relinquished, as this would acknowledge the identity of the parent, and because the SSW has no way of confirming whether the individual is a relative;
During the initial thirty (30) calendar days of placement, assistance is requested from law enforcement officials to utilize the Missing and Exploited Child Information Center and other national resources for the purpose of ensuring that the infant is not a missing child;
Notifies the district court and the circuit or family court if a claim of parental rights is made during the initial thirty (30) calendar days of placement or prior to the court order terminating parental rights;

The circuit or family court may take one of the following actions if a claim of parental rights is made prior to the court order terminating parental rights:

Place the involuntary TPR proceeding on hold for up to ninety (90) calendar days;
Remand the case to district court where an adjudicatory hearing is held within ten (10) calendar days of the assertion of parental rights; or
Enter an order requiring genetic testing to establish maternity or paternity at the expense of the claimant.

Completes the following tasks if a TPR proceeding is postponed because a parent attempts to reclaim a relinquished infant:

Conducts an investigation or assessment of the parent’s current circumstances and ability to provide for the child;
Conducts a safety check and review (DPP-1277 Safety Check and Review);
Makes recommendations to the court based on findings from the investigation or assessment and the safety check and review (DPP-1277).

Provides services to reunify the family or proceeds with TPR based on the findings of the court;
Completes the following tasks if a parent does not contact the Cabinet for Health and Family Services (CHFS/Cabinet) within thirty (30) calendar days after relinquishing the infant:

Immediately consults with the regional attorney to seek involuntary TPR of the unknown parent(s) and the authority to place the child for adoption;
Requests a waiver of efforts in district or family court;
Requests that the judge make a judicial determination that the infant is an abandoned infant; and
Follows procedures outlined in SOP 11.36.2 Initiating a Request for an Involuntary Termination of Parental Rights;

Procedure for a report not deemed Safe Infant at intake:

When a report is accepted and is not identified as a Safe Infant at intake, but it is determined upon initiation that the parent(s) wish to relinquish the child utilizing the Safe Infant Act – the worker will follow the procedure below.

Offer the person or parent the following brochures if the SSW has contact with the person or parent relinquishing the infant:

Attempts to complete the following tasks if the person or parent relinquishing the infant is willing:

Obtain medical information about the parents using the voluntary medical information questionnaire (the DPP-1268 Medical Information for Newborn Infants); and
Provide information regarding:

Family services;
TPR; and
Adoption;

If the hospital has not been made aware, inform hospital staff that the parent(s) wishes to remain anonymous by using the Safe Infant Act. The hospital will follow Its own internal protocol;
Contact central intake (CI) to have the Safe Infant Act designation placed on the case and remove all identifying information for all parties in the case.

Documents

DPP 1268 Medical Information for Newborn Infants...