Safe Haven Laws – AR

, AR

Safe Haven Laws – AR
AR

Infant’s Age
Citation: Ann. Code § 9-34-202
A child who is 30 days old or younger may be relinquished.


Who May Relinquish the Infant
Citation: Ann. Code §§ 9-34-202; 5-27-205(c)
A child may be relinquished by his or her parent or a person designated by the parent.


Who May Receive the Infant
Citation: Ann. Code § 9-34-202
The child may be left with any medical provider or law enforcement agency.


Responsibilities of the Safe Haven Provider
Citation: Ann. Code §§ 9-34-202; 9-34-203
Any medical provider or law enforcement agency shall, without a court order, take possession of a child who is 30 days old or
younger if the child is left with or voluntarily delivered to the medical provider or law enforcement agency by the child’s parent who
does not express an intent to return for the child.
A medical provider or law enforcement agency that takes possession of a child shall perform any act necessary to protect the
physical health and safety of the child.
Upon delivery of the child, the law enforcement officer or an appropriate hospital employee shall take the child into protective
custody for 72 hours and immediately notify the Division of Children and Family Services of the Department of Human Services.


Immunity for the Provider
Citation: Ann. Code § 9-34-202
A medical provider or law enforcement agency shall incur no civil or criminal liability for any good-faith acts or omissions performed
pursuant to this section.


Protection for Relinquishing Parent
Citation: Ann. Code §§ 5-27-205(c); 9-34-202(b)(2)
The fact that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a
child to and leave the child with, a medical provider or law enforcement agency serves as an affirmative defense to a prosecution for
endangering the child.
This section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to
the delivery of a child to a medical provider or law enforcement agency.
A medical provider or law enforcement agency shall keep the identity of a parent who relinquishes a child under this section
confidential and shall not release or otherwise make the identity of the parent available except to a:
• Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the
medical provider or law enforcement agency
• Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child
was delivered to the medical provider or law enforcement agency


Effect on Parental Rights
Citation: Ann. Code § 9-34-203
The department will initiate a dependency action (to place the child in a permanent home).

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