Loading...
HomeMy WebLinkAbout2010-070 Safe Haven for Newborns � . RESOLUTION NO. R-2010-070 A RESOLUTION APPROVING THE ADOPTION AND IMPLEMENTATION OF A SAFE ', HAVEN FOR NEWBORNS POLICY FOR THE DEPARTMENT OF PUBLIC SAFETY FOR THE CITY OF RIVERSIDE WHEREAS, the adoption and updating of various operating policies and procedures is advisable within the Department of Public Safety for the City of Riverside from time to time; and WHEREAS, adoption of the Safe Haven for Newborns Policy attached hereto as Exhibit "A" has been reviewed and recommended by the Director of Public Safety; and WHEREAS, the Board of Aldermen find it in the best interest of the citizens of the City of Riverside to approve the implementation of such policy; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT adoption and implementation of the Safe Haven for Newborns Policy attached hereto, marked Exhibit "A", and made a part hereof by reference is hereby approved; PASSED AND ADOPTED by the Board of A dermen and APPROVED by the Mayor of the City of Riverside, Missouri, the ��day of , 2010. � ���� Kathleen L. Rose, Mayor ATTEST: :'__��;\�. �":� J Robin Littrell, City Clerk Approved as to Form: Tho son, City Attorney Riverside, Missauri Department of Public Safety ,� PROCEDURALINSTRUCTION subject: Safe Haven for Newborns No. �o- Issue Date: Effective Date: Reference: RSMo 210.950 Rescinds: I. PURPOSE The purpose of this Procedural Instruction is to establish guidelines to be followed in the event a newborn infant is brought to the Riverside Department of Public Safety and relinquished to the care of the Riverside Police Department and/or Fire Department to protect newborn children from injury and death caused by abandonment by a parent, and to provide safe and secure alternative(s) to such abandonment. II. DEFINITIONS A. Hospital: As defined in section 197.020 RSMo means a licensed general , hospital or medical center operating in the State of Missouri under � applicable State law. The term "hospital" does not include convalescent, nursinq, shelter or boardinq homes as defined in chapter 198. RSMo. B. Police Station: Means a State, county or municipal police department operating within the State of Missouri. C. The Department: The Riverside Department of Public Safety, sworn and non-sworn personnel. D. Nonrelinquishing parent: The biological parent who does not leave a newborn infant with any person listed in subsection 3 of RSMo 210.950. E. Relinquishing parent: The biological parent or person acting on such parent's behalf who leaves a newborn infant with any person listed in subsection 3 of RSMo 210.950. F. Newborn: Is an infant who is within hours, days, or up to a few weeks from birth. In medical context, newborn refers to an infant in the first 28 days of life (less than one month old). G. Parent: Means an infant's birth mother or birth father. 1 ' H. Non-Identifying Information: Means information about an infant which is not intended to identify his or her parents or birth family. I. Safe Place for Newborn Act: States a parent shall not be prosecuted for actions related to the voluntary relinquishment of a child up to five days old and it shall be an affirmative defense to prosecution for a parent, who is a defendant, that voluntarily relinquished of a child no more than one year old pursuant to this section if: 1. Expressing intent not to return for the child, the parent voluntarily delivered the child safely to the physical custody of any of the following persons: � a. An employee, agent, or member of the staff of any hospital, in a health care provider position or on duty in a nonmedical paid or volunteer position; b. A firefighter or emergency medical technician on duty in a paid position or on duty in a volunteer position; or c. A law enforcement o�cer; 2. The child was no more than one year old when delivered by the parent to any person listed in subdivision (1) of this subsection. ' 3. The child has not been abused or neglected by the parent prior to such voluntary delivery. III. POLICY It is the policy of the Riverside Department of Public Safety to ensure that the provisions of the Safe P/ace for Newborns Act (RSMo 210.950J pertaining to the relinquishing of a newborn infant at a police station or fire station, is understood and complied with by personnel of the Department. IV. PROCEDURE A. Abandonment of Newborn 1. Age up to five days old a. A general guideline for field personnel to ascertain the age of a newborn is if the umbilical cord or scab is in place, it may be assumed that the newborn is �ve days old or less. 2. All police officers and firefighter personnel must accept a newborn infant brought into the Riverside Department of Public Safety building for the purpose of relinquishing the infant in accordance with provisions of the Missouri "Safe Place for Newborns Act of 2002" 2 3. The Watch Commander shall be immediately notified and an ambulance summoned to transport the infant to the hospital for medical examination. 4. If offered, record basic, non-identifying information from the parent or person who brought the infant to the police station. Officers should attempt to obtain the information as it is being given. (A parent or person who brings an infant to a po/ice station is not reuuired to provide anv information for a child up to five davs old. He or she will most likely be nervous, anxious and perhaps distrusting. Be concemed and supportive when reaching out. Do not be judgmental. Remember that the physical safety of the infants is of paramount concern.) Such information may include but not limited to: a. The child's present health. (Has the child been sick since birth? Does the child appear to have any handicaps or physical or developmental problems?) !, I b. The child's race. c. The composition of the child's family. (The age of the parents.) d. Was the child gi�en a name? e. The child's date and place of birth (city/town? State? Country?) f. The infant's pre-natal history. (Did the mother receive medical care while pregnant? Did she deliver in a hospital or birthing center? Was the baby full term? Birth weight?) g. The physical and mental health history of each parent. Any hospitalizations? Whether either parent is HIV positive/has any serious medical problems. h. Did the mother take/use any drugs and/or abuse alcohol while pregnant? Gather details. i. Why the infant is being given up. j. Is the father aware of the birth of the child? Is the extended family aware? 5. Inquire if the parent(s) need medical attention. 6. Immediately digitally photograph the infant to illustrate its physical condition upon possession. 3 ' 7. Closely examine the newborn to ensure the child is unharmed, abused or neglected. S. If the newborn shows signs of abuse or neglect a criminal investigation may begin and the incident must be reported to the Division of Family Services and the appropriate Prosecutor's Office, as with any other suspected case of abuse or neglect. 9. If there is no evidence of abuse or neglect of the relinquished newborn infant the person relinquishing the newborn infant has the right to remain anonymous and leave the Ri�erside Department of Public Safety building at anytime and not be questioned, pursued or followed. (lf the person surrendering the newbom is not willing to provide information then the use of surveillance equipment to obtain an image of the person leaving the newborn is appropriate and encouraged. Also, vehicle make, model and /icense plate information.) 10. Division of Family Services and the Platte County Juvenile Office is to be contacted and requested to respond to the appropriate hospital for placement of the infant. , 11. Division of Family Services will provide further information to the parent, if they wish, in regards to the placement of the infant and parental rights. B. Abandonment of Newborn/Children 1. Ages six days to one year old. a. A general guideline for field personnel to ascertain the age of a newborn/infant that is six days or older, up to one year, is that there will be no umbilical cord scab and the infant will be unable to walk or talk. b. It shall be an affirmati�e defense to prosecution for a parent, who is a defendant, who voluntarily relinquishes a child no more fhan one year old pursuant to the "Safe Place for Newborns Act of 2002". 2. All police officers and firefighter personnel must accept a newborn infant brought into the Riverside Department of Public Safety building for the purpose of relinquishing the infant in accordance with provisions of the Missouri "Safe Place for Newborns Act of 2002". 3. The Watch Commander shall be immediately notified and an ambulance summoned to transport the infant/child to the hospital for medical examination. 4 � • � 4. The relinquishing parent is required to provide identifying information regarding themselves and the child to police ofFcers and firefighter personnel at the time of relinquishment. Such information may include but not limited to: a. The child's present health. (Has the child been sick since birth? Does the child appear to have any handicaps or physical or developmental problems?). b. The child's race. c. The composition of the child's family. (The age of the parents.) d. Was the child given a name? e. The child's date and place of birth (city/town? State? Country?) f. The infant's pre-natal history. (Did the mother receive medical care while pregnant? Did she deliver in a hospital or birthing center? Was the baby full term? Birth weight?) g. The physical and mental health history of each parent. Any hospitalizations? Whether either parent is HIV positive/has any serious medical problems. ! h. Did the mother take/use any drugs and/or abuse alcohol while pregnant? Gather details. i. Why the infant is being given up. j. Is the father aware of the birth of the child? Is the extended family aware? 5. Inquire if the parent(s) need medical attention. 6. Immediately digitally photograph the infant to illustrate its physical condition upon possession. 7. Closely examine the newborn to ensure the child is unharmed, abused or neglected. 8. If the newborn shows signs of abuse or neglect a criminal investigation may begin and the incident must be reported to the Division of Family Services and the appropriate Prosecutor's O�ce, as with any other suspected case of abuse or neglect. 9. Division of Family Services and the Platte County Juvenile Office is to be contacted and requested to respond to the appropriate hospital for placement of the infant. 5 C. Off Site Procedures-relinquishment not at headquarters 1. All police officers and firefighters, without a court order, shall take physical custody of a child the person reasonably believes to be no more than one year o/d and is delivered in accordance with the "Safe Place for Newborns Act of 2002" by a person purporting to the be the child's parent. If delivery of a newborn is made any place other than a hospital, the person taking physical custody of the child shall arrange for the immediate transportation of the child to the nearest hospital. 2. The hospital will be responsible for making the proper notifications to the Division of Family Services and the local juvenile officer upon receipt of a child. 3. The parenYs voluntary delivery of the child shall constitute the parent's implied consent to any such act and voluntary relinquishment of such parent's parental rights. 4. Any further information in regards to the child will be provided to the non-relinquishing parent by the Platte County Juvenile Office and Di�ision of Family Services. D. Reporting Requirements 1. If there is NO evidence of abuse or neglect of the relinquished newborn infant the officer designated to handle the case will detail the incident by filing an incident report titled "Child AbandonmenY'. Such information may include but not limited to: a. The location where the child was discovered and the attempt to locate the child's parent(s) or guardian(s). b. The condition and physical description to include clothing worn upon initial discovery. c. Names, unit number, times of contact and response of the Fire Department and Ambulance personnel that transported the child to the hospital. d. The name of the hospital the child is transported to, name and title of the person at the hospital accepting the child, name(s) of the doctor(s) performing any examinations, and any papers/identifications provided by the hospital. e. Digital photographs of the child prior to transport and, if available, digital photographs during the examinations of the child. 6 ' The officer should keep in mind the person relinquishing the newborn may remain anonymous if the newborn is /ess than 5 days old. 2. An incident report detailing the incident will be written using the proper criminal offense title for the appropriate criminal incident in the instance of evidence of abuse or neglect. 3. Division of Family Services and the Platte County Juvenile OfFce will be notified and copies of the reports will be forwarded to the respective agencies. V. IMMUNITY FROM LIABILITY A. The persons listed in the "Safe Place for Newborns Act of 2002", the Department, shall be immune from civil, criminal, and administrative liability for accepting physical custody of a child if such person(s) accept custody in good faith. 1. Such immunity shall not extend to any acts or omissions, including negligent or intentional acts or omissions occurring after the acceptance of such child. Gregory P. Mills Director Approved by the Board of Aldermen: 7