Safe Haven Laws – CO

, CO

Safe Haven Laws – CO
CO

Infant’s Age
Citation: Rev. Stat. § 19-3-304.5
A child who is 72 hours old or younger may be relinquished.


Who May Relinquish the Infant
Citation: Rev. Stat. § 19-3-304.5
The parent of the child may voluntarily relinquish the child.


Who May Receive the Infant
Citation: Rev. Stat. § 19-3-304.5
A child may be delivered to:
• A firefighter when the firefighter is at a fire station
• A hospital staff member who engages in the admission, care, or treatment of patients when the staff member is at a hospital.


Responsibilities of the Safe Haven Provider
Citation: Rev. Stat. § 19-3-304.5
When a firefighter is at a fire station or a hospital staff member is at a hospital, the firefighter or hospital staff member shall, without a
court order, take temporary physical custody of the child if:
• The child is 72 hours old or younger.
• The parent did not express an intent to return for the child

If a firefighter or hospital staff member takes temporary physical custody of a child, he or she shall:
• Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or
aid the physical health or safety of the child during the temporary physical custody
• Notify a law enforcement officer and the county department of social services of the abandonment within 24 hours after the
abandonment.


Immunity for the Provider
Citation: Rev. Stat. § 19-3-304.5
A firefighter or hospital staff member shall incur no civil or criminal liability for any good-faith acts or omissions performed pursuant
to this section.


Protection for Relinquishing Parent
Citation: Rev. Stat. §§ 18-6-401(9): 19-3-304.5
A parent who utilizes the provisions of this section shall not, for that reason alone, be found to be responsible in a confirmed report
of abuse or neglect.
If a parent is charged with permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or
health, and the child was 72 hours old or younger at the time of the alleged offense, it shall be an affirmative defense to such charge
that the parent safely, reasonably, and knowingly handed the child over to a firefighter or to a hospital staff member who engages in
the admission, care, or treatment of patients, when such firefighter is at a fire station or such hospital staff member is at a hospital.


Effect on Parental Rights
Citation: Rev. Stat. § 19-3-304.5
A county department of social services shall:
• Place an abandoned child with a potential adoptive parent as soon as possible
• Proceed with a motion to terminate the parental rights of a parent who abandons a child.

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