The Representative Thomas J. Burch Safe Infant Act Effective Date: April 9, 2002 Amended: April 13, 2016

The Representative Thomas J. Burch Safe Infant Act Allows a parent or someone acting on their behalf to safely and anonymously surrender a newborn infant medically determined to be ≤30 days old without fear of prosecution in a safe place.

The Representative Thomas J. Burch Safe Infant Act Intended to provide a humane option for parents who might otherwise abandon their newborn infant in a public place or in an unsafe environment. Dumpster Bathroom stall or trash can Outside

Receiving Personnel The intent is for the child to be given directly to a person, not “left on the doorstep”. Hospital emergency room staff An officer at a police station A firefighter at a fire station An EMS provider A participating place of worship*

Participating Place of Worship Recognized place of religious worship that: Has voluntarily agreed to perform the duty Displays signage prominently on its premises indicating participation lists operating hours during which staff will be present Any staff member who accepts physical custody of a newborn infant in accordance with this statute shall immediately contact emergency medical services for transportation to the nearest hospital emergency room.

Conditions Child ≤30 days of age as best determined by history and medical exam Does not apply in cases with signs of abuse, maltreatment, or neglect after birth Act in the child’s best interest

Mandatory Reporting of Abuse Kentucky law requires ANY care provider who suspects child abuse, neglect, or maltreatment SHALL report it. Reports should be made to the local Dept. For Community Based Services or call the DCBS hotline at (800) 752-6200.

Parents Rights At the Time of Surrender If the parent leaves the infant and expresses no intent to return for the infant, they have the right to: Remain anonymous Leave at any time Not be pursued Shall not be considered to have abandoned or endangered the newborn

Your Responsibilities as an EMS Provider You MUST accept the infant The person who accepted the infant shall have IMPLIED CONSENT to any and all appropriate medical treatment *Assess and provide treatment as necessary* Safe Infant Protocol Routine Care Any other, including resuscitation if needed/appropriate Arrange for immediate transport to the Emergency Department “Abandoned Infant Packet”

You May Not: Detain, follow, or pursue the parent Coerce or otherwise force the parent to reveal their identity Coerce or otherwise force the parent to keep the infant Coerce or otherwise force the parent to give medical information

Remember… Do not be judgmental towards the person leaving the newborn infant. This may be an extremely difficult choice for a parent to make. Work from the basis that the parent is trying to do the right thing for their newborn.

In the Packet Copy of KY EMS Safe Infant Protocol Numbered bracelet To be placed on infant’s ankle Medical Information Form Completion is voluntary May be mailed in anonymously, at later time Ensure bracelet number remains attached 2 Brochures Post-partum care Legal information

The Hospital Required to admit and provide all necessary medical care, diagnostic tests, and medical treatment Implied consent Physician or hospital administrator shall immediately contact local DCBS Allow anonymity, offer information, etc.

Department of Community Based Services Shall immediately seek an order for emergency custody of the infant (order in effect for 30 days) No CPS investigation or assessment shall be initiated regarding the abandonment in the absence of indicators of abuse or neglect Place in foster care upon hospital release Work with law enforcement to investigate through the Missing Child Information Center File petition to terminate parental rights and place child for adoption If a claim of parental rights is made, hold not to exceed 90 days

Option to Claim Parental Rights Parent waives the right to notification….unless/until claim of parental rights is made Waives legal standing to make claim of action against any person who accepts physical custody of the newborn infant The parent has 30 days to contact DCBS and claim parental rights Hearing within 10 days Court may require genetic testing to establish maternity/paternity at the expense of the claimant CPS investigation or assessment and home evaluation to develop recommendations for the Court Court cannot determine neglect solely on Safe Surrender

In Conclusion Ensure the safety and health of the infant Provide appropriate assessment and treatment Report suspicion of abuse Treat the parent of other representative with respect Allow dignity in difficult circumstances Offer information post-care and legal Request completion of voluntary medical information The goal is to provide a safe alternative and save lives!

Statutes KRS 405.075 KRS 211.951 KRS 216B.190 KRS 620.350 KRS 620.355