§23-13.1-3  Voluntary surrender of infant child. –

Link to law: http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-13.1/23-13.1-3.HTM
Published: 2015

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TITLE 23

Health and Safety

CHAPTER 23-13.1

The Safe Haven For Infants Act

SECTION 23-13.1-3



   § 23-13.1-3  Voluntary surrender of infant

child. –

(a) Every hospital, open medical emergency facility, fire station, or police

station operating in the state of Rhode Island shall, without court order, take

temporary physical custody of an infant, who appears to be age thirty (30) days

or younger, who is voluntarily left with a staff member of the hospital, open

medical emergency facility, fire station, or police station by any person who

does not express an intent to return for the infant and the circumstances give

rise to a reasonable belief that the person does not intend to return for the

infant.



   (b) The person leaving the infant may, but shall not be

required to leave any information disclosing the identity of himself/herself,

the infant, the parents of the infant or other family member of the infant

and/or the medical history of himself/herself, the infant, the parents of the

infant, or other family member of the infant. The hospital or other facility

designated in this section shall offer the person leaving the infant written

information concerning the legal effect of leaving the infant with the hospital

or other facility designated in this section. The department of children, youth

and families shall create this information and provide it at no charge to

hospitals and other facilities designated in this section. Any information

obtained by the hospital or other facility designated in this section from the

person leaving the infant relating to the identity of the person, the infant,

the parents of the infant or other family member of the infant shall be kept

confidential by the hospital or other facility and shared with no one other

than the director of the department of children, youth and families or his or

her designee. However, if a court of competent jurisdiction determines that the

immunity provisions of § 23-13.1-4 do not apply, the hospital or other

facility where the infant was left must disclose the information relating to

the identity of the person, the infant, the parents of the infant, or other

family member of the infant to the department of attorney general upon order of

the court. Nothing in this section shall be construed to prevent disclosing to

medical care providers any information about the infant necessary to provide

medical care or treatment to the infant.



   (c) Nothing contained in this section shall preclude the

department of children, youth and families from notifying law enforcement

authorities of any criminal wrongdoing in accordance with §§ 11-9-5

and/or 40-11-5.



   (d) The hospital or other facility with responsibility for

performing duties under this chapter, and/or any employee, independent

contractor, agent, doctor, other medical professional, law enforcement or fire

official associated with the hospital or facility shall be immune from any

criminal or civil liability arising from action(s) taken in accordance with

this chapter including, but not limited to, determining the age of, receiving,

examining or otherwise treating the infant. This immunity does not apply to

acts or omissions constituting negligence or reckless, wanton or intentional

misconduct.



   (e) The hospital or other facility in this section performing

duties under this chapter and/or any staff member, employee, independent

contractor, agent, doctor, other medical professional, law enforcement or fire

official associated with the hospital or facility shall be immune from any

criminal or civil liability that otherwise might result from the failure to

make a report under the provisions of chapter 11 of title 40 if the entity or

person acted in good faith in complying with this section.



   (f) Any hospital, medical facility or licensed physician, and

its employees, independent contractors and agents, are authorized to provide to

an infant left at a hospital or other facility in accordance with this chapter

any medical care and treatment, including testing for the human

immunodeficiency virus and hepatitis, that the attending physician believes

necessary for the infant's well-being.



History of Section.

(P.L. 2001, ch. 53, § 1; P.L. 2001, ch. 130, § 1.)