Safe Haven Laws – ID

, ID

Safe Haven Laws – ID
ID

Infant’s Age
Citation: Idaho Code § 39-8203
A child who is no more than 30 days old may be delivered to a safe haven provider.


Who May Relinquish the Infant
Citation: Idaho Code § 39-8203
A custodial parent may deliver the child to a safe haven provider.


Who May Receive the Infant
Citation: Idaho Code § 39-8202
Safe haven providers include:
• Licensed hospitals
• Licensed physicians and staff working at their offices and clinics

• Advanced practice professional nurses, including certified nurse-midwives, clinical nurse specialists, nurse practitioners, and
certified registered nurse anesthetists
• Licensed physician assistants
• Medical personnel certified as first responders, emergency medical technicians, and paramedics


Responsibilities of the Safe Haven Provider
Citation: Idaho Code §§ 39-8203; 39-8204
A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven,
provided that:
• The child is no more than 30 days old.
• The custodial parent delivers the child to the safe haven.
• The custodial parent does not express an intent to return for the child.
If a safe haven takes temporary physical custody of a child, the safe haven shall:
• Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or
aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering
the child to a hospital for care or treatment
• Immediately notify a peace officer or other person appointed by the court of the abandonment
Upon notification by a safe haven that a child has been abandoned, a peace officer or other person appointed by the court shall take
protective custody of the child and shall immediately deliver the child to the care, control, and custody of the Department of Health
and Welfare. If the child requires further medical evaluation, care, or treatment, the child shall be left in the care of a hospital, and the
peace officer shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may
be held.


Immunity for the Provider
Citation: Idaho Code §§ 39-8203; 39-8204
A safe haven with responsibility for performing duties under this section and any employee, doctor, or other personnel working at
the safe haven are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good
faith in receiving a child and performing duties under this section.
A peace officer or other person appointed by the court who takes a child into custody under this section shall not be held liable,
either criminally or civilly, unless the action of taking the child was exercised in bad faith or in violation of the provisions of this
chapter.


Protection for Relinquishing Parent
Citation: Idaho Code §§ 39-8203; 39-8206
The safe haven provider shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe
haven provider, the provider shall keep all information as to the parent’s identity confidential. The custodial parent leaving the child
shall not be required to provide any information to the safe haven provider but may voluntarily provide information including, but not
limited to, medical history of the parent(s) or the child.
A custodial parent may leave a child at a safe haven without being subjected to prosecution for abandonment, provided that the
child was no more than 30 days old when he or she was left at the safe haven, as determined within a reasonable degree of medical
certainty.


Effect on Parental Rights
Citation: Idaho Code §§ 39-8204; 39-8205; 39-8206
The Department of Health and Welfare shall place an abandoned child with a potential adoptive parent as soon as possible.
The department shall file a petition for an adjudicatory hearing to vest legal custody in the department. A child protective
investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is
made and the court orders the investigation.
During the initial 30-day period from the time the child was relinquished, law enforcement officials shall investigate through the
missing children information clearinghouse and other State and national resources to ensure that the child is not a missing child. As
soon as practicable following the 30-day period, the department shall petition to terminate the parental rights of the parent who
abandoned the child.

A parent of the child may make a claim of parental rights by filing a notice of claim of parental rights with the vital statistics unit of the
Department of Health and Welfare. To be valid, a claim of parental rights must be filed before an order terminating parental rights
is entered by the court. A parent who fails to file a claim of parental rights prior to entry of an order terminating his or her parental
rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to
notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child.

Website

Email

Phone

Text