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

2. 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.

3. 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

4. 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*

5. 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.

6. 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

7. 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)

8. 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

9. 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”

10. 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

11. 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.

12. 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

13. 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.

14. 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

15. 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

16. 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!

17. Statutes
KRS
KRS
KRS 216B.190
KRS
KRS