TITLE 39

HEALTH AND SAFETY

CHAPTER 82

IDAHO SAFE HAVEN ACT

39-8204.  Protective custody — Placement — Immunity. (1) Upon notification by a safe haven that a child has been abandoned pursuant to the provisions of this chapter, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control and custody of the department of health and welfare. Provided however, where the child requires further medical evaluation, care or treatment, the child shall be left in the care of a hospital and the peace officer or other person appointed by the court shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.

(2)  The department of health and welfare shall place an abandoned child with a potential adoptive parent as soon as possible.

(3)  A peace officer or other person appointed by the court who takes a child into custody under this section, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.

History:

[(39-8204) 39-8104, added 2001, ch. 357, sec. 1, p. 1254; am. and redesig. 2005, ch. 25, sec. 71, p. 108.]