Safe Haven Laws – NM

, NM

Safe Haven Laws – NM
NM

Infant’s Age
Citation: Ann. Stat. § 24-22-3
An infant may be relinquished. The term ‘infant’ means a child no more than 90 days old, as determined within a reasonable degree of medical certainty.


Who May Relinquish the Infant
Citation: Ann. Stat. § 24-22-3
Any person may relinquish an infant.


Who May Receive the Infant
Citation: Ann. Stat. §§ 24-22-2; 24-22-3
The staff of a safe haven site may receive the infant. The term ‘safe haven site’ means a hospital, law enforcement agency, or
fire station that has staff on-site at the time an infant is left at the site. The term ‘staff’ means an employee, contractor, agent, or volunteer performing services as required and on behalf of the safe haven site.


Responsibilities of the Safe Haven Provider
Citation: Ann. Stat. §§ 24-22-3; 24-22-4
A safe haven site shall accept an infant who is left at the safe haven site in accordance with the provisions of the Safe Haven for
Infants Act. Upon receiving an infant, the safe haven site may provide the person leaving the infant with:
• Information about adoption services, including the availability of private adoption services
• Brochures or telephone numbers for agencies that provide adoption services or counseling services
• Written information regarding whom to contact at the Children, Youth, and Families Department if the parent decides to seek
reunification with the infant

A safe haven site shall ask the person leaving the infant whether the infant has a parent who is either a member of an Indian Tribe or
is eligible for membership in an Indian Tribe, but the person leaving the infant is not required to provide that information to the safe
haven site.
Immediately after receiving an infant, a safe haven site shall inform the Children, Youth, and Families Department that the infant has
been left at the safe haven site. The safe haven site shall provide the department with all available information regarding the child
and the parents, including the identity of the child and the parents, the location of the parents, and the child’s medical records.


Immunity for the Provider
Citation: Ann. Stat. § 24-22-8
A safe haven site and its staff are immune from criminal liability and civil liability for accepting an infant in compliance with the
provisions of the Safe Haven for Infants Act but not for subsequent negligent medical care or treatment of the infant.


Protection for Relinquishing Parent
Citation: Ann. Stat. § 24-22-3
A person may leave an infant with the staff of a safe haven site without being subject to criminal prosecution for abandonment or
abuse if the infant is left in a condition that would not constitute abandonment or abuse of a child.
A safe haven site may ask the person leaving the infant for the name of the infant’s biological father or biological mother, the infant’s
name, and the infant’s medical history, but the person leaving the infant is not required to provide that information to the safe haven
site.


Effect on Parental Rights
Citation: Ann. Stat. §§ 24-22-5; 24-22-7
The Children, Youth, and Families Department shall be deemed to have emergency custody of an infant who has been left at a
hospital according to the provisions of the Safe Haven for Infants Act. Upon receiving a report of an infant left at a safe haven site,
the department shall immediately conduct a child abuse and neglect investigation.
When an infant is taken into custody by the department, the department shall make reasonable efforts to determine whether the
infant is an Indian child. If the infant is an Indian child:
• The child’s Tribe shall be notified.
• Preadoptive placement and adoptive placement of the Indian child shall be in accordance with the provisions of § 32A-5-5
regarding Indian child placement preferences.
A person established as a parent of an infant previously left at a safe haven site shall have standing to participate in all proceedings
regarding the child. If a person not previously established as a parent seeks reunification with an infant previously left at a safe
haven site, and the person’s DNA indicates parentage of the infant, that person shall have standing to participate in all proceedings
regarding the infant

Website

Email

Phone

Text