TITLE 39

HEALTH AND SAFETY

CHAPTER 82

IDAHO SAFE HAVEN ACT

39-8203.  Emergency custody of certain abandoned children — Confidentiality — Immunity. (1) A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven or a safe haven through a newborn safety device, provided that:

(a)  The child is no more than thirty (30) days of age;

(b)  The custodial parent delivers the child to the safe haven; and

(c)  The custodial parent does not express an intent to return for the child.

(2)  A hospital, fire station, law enforcement agency, or medical services provider that is staffed twenty-four (24) hours per day seven (7) days a week, without exception, may use a newborn safety device to accept surrendered newborn infants pursuant to this section if the device is:

(a)  Physically part of the building of the hospital, fire station, law enforcement agency, or medical services provider;

(b)  Temperature-controlled and ventilated for the safety of newborns;

(c)  Equipped with a functional alarm system that automatically triggers an alarm inside the building when the newborn infant is placed in the device; and

(d)  Located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, fire station, law enforcement agency, or medical services provider.

(3)  If a safe haven takes temporary physical custody of a child pursuant to subsection (1) of this section, the safe haven shall:

(a)  Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment; and

(b)  Immediately notify a peace officer or other person appointed by the court of the abandonment.

(4)  The safe haven shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven, the safe haven shall keep all information as to the identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven but may voluntarily provide information including, but not limited to, medical history of the parent(s) or the child.

(5)  A safe haven with responsibility for performing duties under this section, and any employee, doctor, or other personnel working at the safe haven, are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.

(6)  A custodial parent may leave a child with a safe haven or a safe haven through a newborn safety device in this state without being subjected to prosecution for abandonment pursuant to the provisions of title 18, Idaho Code, provided that the child was no more than thirty (30) days of age when it was left at the safe haven or a safe haven through a newborn safety device, as determined within a reasonable degree of medical certainty.

History:

[(39-8203) 39-8103, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 70, p. 107; am. 2024, ch. 115, sec. 2, p. 496.]