Any Person Or Parent

Cabinet for Health and Family Services

Department for Community Based Services

Division of Protection and Permanency

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SOP 7K

8/1/07

SERVICE PROVISIONS FOR SAFE INFANTS

COA STANDARDS:

· N/A

LEGAL AUTHORITY:

· KRS 620.350- Abandoned Newborn Infant

· KRS 405.075- Anonymity of parent who places newborn infant with emergency provider, police station, fire station or hospital

INTRODUCTION:

A person or parent may with or without anonymity leave a newborn infant that is less than seventy-two (72) hours old with an emergency medical services provider, hospital, police station, or fire station as described in SOP 7A - CPS Intake. The identity of the person leaving the newborn infant remains confidential. A child protective services investigation or assessment is not initiated regarding the abandonment of an infant unless indicators of child physical abuse or child neglect are present. On-going services are provided for the infant meeting criteria for safe infant as outlined in this chapter.

PROCEDURE:

1. If the SSW has contact with the person or parent relinquishing the newborn infant, the SSW offers the person or parent the following brochures:

(a) A Safe Place for Your Baby, which explains the parent’s rights to reclaim the newborn infant; and

(b) Maintaining Good Health After a Pregnancy.

2. If the person or parent relinquishing the newborn infant is willing, the SSW attempts to:

(a) Obtain as much medical information about the parent’s using the voluntary medical information questionnaire (the DPP-1268, Medical Information for Newborn Infants); and

(b) Provide information regarding:

(1) Family services;

(2) Termination of parental rights; and

(3) Adoption.

3. If the mother or father’s identity’s are known or divulged, the SSW keeps all identifying information confidential. Unless the parent(s) do not want to remain anonymous, the parent’s identity is not placed in the petitions or other legal documents, including the Case Plan, CQA or case file.

4. When DCBS is notified of a newborn infant meeting the criteria for safe infant, the SSW immediately seeks an Emergency Custody Order (ECO) on behalf of the newborn infant. On the petition for emergency custody, the Social Services Worker (SSW) or county attorney checks “Neglect”. The body of the petition includes whatever facts are known about the situation, including but not limited to:

(a) Where the infant was born (name of hospital) or where the child was relinquished (hospital, fire station, police station);

(b) Who relinquished the child (for example, a mother who declined to give her name);

(d) Why the case is brought before the court (in accordance with KRS 620.350);

(e) The infant’s name (which is recorded on the petition as “Baby Girl Jane Doe” or “Baby Boy John Doe,” until the foster parent names the infant with a first name and a middle name).

5. After obtaining emergency custody of the child and upon the child’s release from the hospital, the SSW or R&C worker places the infant in a resource home approved to provide concurrent planning placement services.

6. The SSW completes a Continuous Quality Assessment (CQA) in TWIST. In the CQA the SSW documents:

(a) The incident is documented as General – Emergency;

(b) A zero (0) is entered in all rating fields;

(d) All Cabinet actions related to the case are documented in the “Underlying Causes” portion of the CQA.

7. The SSW opens a case and develops an Out-of-Home Care Case Plan. The SSW documents in the applicable sections of the Case Plan related the parent that the parent is unknown. During the initial thirty (30) day relinquishment period, the infant’s permanency goal is reunification with the birth family.

8. If an individual claims to be a relative of a newborn infant that has been relinquished, the SSW does not pursue placement with the individual because to do so would be to acknowledge the identity of the parent, and because the SSW has no way of confirming whether the individual is a relative.

9. During the initial thirty (30) day relinquishment period, the SSW requests assistance from law enforcement officials to utilize the Missing Child Information Center and other national resources for the purpose of ensuring that infant is not a missing child.

10. If a parent does not contact the Cabinet within thirty (30) days after relinquishing the infant the SSW:

(a)Immediately consults with the regional attorney to seek involuntary termination of parental rights of the unknown parents and the authority to place the child for adoption;

(b)Requests a goal change in District or Family Court;

(c)Complete an ongoing CQA; and

(d)Follows procedures outlined in SOP 7D.32.2, Initiating a request for an involuntary termination of parental rights.

11. If a claim of parental rights is made during the initial thirty (30) day relinquishment period or prior to the court order terminating parental rights:

(a)The SSW notifies the District Court and the Circuit or Family Court. The Circuit or Family Court may:

(1)Place the involuntary TPR proceeding on hold for up to ninety (90) days;

(2)Remand the case to District Court where an adjudicatory hearing is held within ten (10) days of the assertion of parental rights; or

(3)Enter an order requiring genetic testing to establish maternity or paternity at the expense of the claimant.

(b)If a termination of parental rights proceeding is postponed because a parent attempts to reclaim a relinquished infant, the SSW:

(1)Conducts an investigation or assessment of the parent’s current circumstances and ability to provide for the child;

(2)Conducts a home evaluation;

(3)Makes recommendations to the court based on findings from investigation or assessment and the home evaluation. The sole act of relinquishment as it pertains to the Safe Infants Act does not result in a finding of abuse or neglect; other indicators of child abuse or neglect must be present.

(c)Based on the court’s findings, the SSW provides services to reunify the family or proceeds with termination of parental rights.

(Link to Cabinet’s Relinquished Baby Information)

Any Person Or Parent

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