Summary:

 Senate Bill 360 (SB 360) amends the Safe Haven for Infants Act (Act) and allows a parent or a parent’s designee to leave an infant in an infant safety device without criminal prosecution in certain circumstances; assesses fines for disclosure of confidential information relating to infants left pursuant to this Act; provides for the installation and monitoring of these devices; provides limited immunity for a safe haven site and its staff; and requires the Children, Youth and Families Department to create rules to implement the Act.  

Legislation Overview:

 Senate Bill 360 (SB 360) amends the Safe Haven for Infants Act (Act):
•	Adds a definition for “infant safety device” to mean a medical device to maintain an optimal environment for the care of a newborn infant that is affixed to a safe haven site and installed in compliance with the Act. 
•	Replaces references to “leaving” an infant at a safe haven site with “relinquishing” the infant. 
•	A parent or parent’s designee may relinquish an infant at a safe haven site.  Currently, the Act allows any person to do so. 
•	A parent or parent’s designee can leave a child in a device without being prosecuted for abandonment or abuse if the device is properly located at the safe haven site, the child is securely fastened inside the device, and if the child is left in a condition that would not constitute abandonment or child abuse.  
•	Removes the requirement that a safe haven site provide medical services to the person leaving the infant.  
•	A safe haven site must immediately inform law enforcement to determine whether the infant is missing or abducted.  
•	Information related to a child left at a safe haven site is confidential and not subject to public disclosure.  Staff at the site cannot disclose any confidential information except as provided by state law for child welfare investigations or to carry out the Act. A violation is subject to a civil penalty of up to $500.  
•	A safe haven site and CYFD are deemed to have received consent for medical services provided to an infant left at a site.  
•	By 5:00 pm the day following an infant being left at a safe haven site, CYFD must file a petition to assume legal custody of the child.  CYFD must also start proceedings to terminate the parental rights of the parent, and must first determine whether a father is on the putative father registry.  If CYFD determines that evidence of abuse or neglect exists, an investigation must begin and CYFD must attempt to locate any relatives of the infant. 
•	Removes the requirement that CYFD educate the public about this Act. 
•	An infant safety device must be inside a facility that is staffed 24 hours a day/7 days per week and in an area that is visible to the staff. The device must be connected to an alarm system that notifies staff that an infant has been placed in it.  
•	Adds that a safe haven site and its staff are immune from liability for examining or treating an infant and for installing, operating, or maintaining an infant safety device. The site does not have a legal duty to detain or identify the parents of the infant unless evidence of abuse and neglect are present. 
•	Requires CYFD to create rules to implement the Act, including whether the infant safety device is safe and for the operation and monitoring of the device.  

Current Law:

 Currently, the Act allows any person to leave a child at a safe haven site. A  safe haven site and its staff are only immune for accepting an infant in compliance with the Act.  CYFD is required to immediately conduct an abuse and neglect investigation of a child left at a safe haven site.  CYFD is required to educate the public about this Act.