POLICY: ABANDONED INFANT POLICY (Safe Surrender) / POLICY NUMBER: 112.01.01.04
Original/Rewrite 03/01/2012
Originating Dept: Nursing
Applies to Depts: all
POLICY:
It is the responsibility of all employees and medical staff to support the newborn abandonment policy and direct parents or person with lawful custody wishing to abandon an infant to the emergency room.
An infant is considered to be safely surrendered if all of the following apply:
- Is 72 hours old or younger
- Is voluntarily surrendered by a parent or an individual with lawful custody1
- Is surrendered to personnel on duty at a designated safe surrender site (i.e. hospital); and
- Has not suffered abuse and/or neglect 2
Signs, containing the safe-surrender site logo will be posted at public entrances identifying Tehachapi Hospital as a safe-surrender site:
PROCEDURE:
Under the Safely Surrendered Baby Law a parent or person with lawful custody1 may surrender a newborn baby within 72 hours of birth.
1. Contents of “abandoned newborn packets” include:
- coded ankle identification bracelets
- family medical history questionnaires (Form – Safe Surrendered Baby: Medical Questionnaire, SOC 861 English, 10/10/SOC 861 Spanish, 10/10) and a self addressed envelope
These packets are maintained in the emergency room, at the admitting desk, and on the OB cart.
2. An infant may be surrendered under the safe surrender law regardless of where the infant was born.
When this occurs, hospital staff must ensure the following – document in infant medical record:
a. The birth mother, by word or action, indicates that she does not want to keep her infant
b. The birth mother is voluntarily surrendering physician custody of the infant; and
c. The infant is in the care of hospital personnel.
3. If a newborn is surrendered, the ED Charge Nurse or House Supervisor, or designated employee, must place a coded, confidential identification ankle bracelet on the infant and make a good faith effort to give the person surrendering the newborn a matching copy of the infant ID bracelet. The confidential ID number should also be placed on the infant’s medical record.
4. The ED Charge Nurse or House Supervisor, or designated employee, must make a good faith effort to provide the person surrendering the infant a family medical history questionnaire, “Form – Safe Surrendered Baby: Medical Questionnaire, SOC 861, 10/10”. The questionnaire should include the ID bracelet coded identifier to ensure that information can be matched to the newborn to which it pertains. The person surrendering the newborn may decline to complete the questionnaire. The person surrendering the newborn may choose to complete the questionnaire later. In addition to the questionnaire, provide a self addressed stamped envelope. The questionnaire must not require any identifying information about the child or the parent and must contain the following notice.
5. The newborn shall be provided with a medical screening examination. The consent of the parent or person surrendering the infant is not required.
This may be accomplished by calling the Emergency Department or a qualified medical professional, by transferring the baby to another hospital, or by arranging appropriate follow-up care with the child protective services agency. EMTALA applies to such newborns.
6. Newborns abandoned in accordance with this new law are eligible for Medi-Cal reimbursement.
7. The ED Charge Nurse or House Supervisor shall notify child-protective services or the county welfare agency of the surrender as soon as possible and in no event later than 48 hours after custody is taken.
Infant Reclaim Procedure
If the child is still in custody of TVHD and the person who surrendered the infant requests that the hospital return the newborn to him\ her:
· The person who surrendered the infant may claim the infant within 14 days.
· A “dependency petition” has or has not been filed by the child protective services or county welfare agency
· Hospital personnel do NOT know of or reasonably suspect that the infant has been the victim of child abuse or neglect 2
Form – Safe Surrendered Baby: Medical Questionnaire, SOC 861, 10/10 (English) and SOC 861 (SP) 10/10
References:
1 Health and Safety Code Section 1255.7: Defines “lawful custody” as the “physical custody of a minor 72 hours old or younger accepted by a person from a parent of the minor, who the person believes in good faith is the parent of the minor, with the specific intent and promise of affecting the safe surrender of the minor.”
2 Penal Code (PC) Section 271.5(a): a positive toxicology screen at the time of delivery of an infant is not, in and of itself, a sufficient basis for reporting child abuse and/or neglect.
All Facilities Letter AFL 11/07