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.)