If a parent leaves their infant in the hospital after giving birth, the Baby Safe Haven Law cannot assure anonymity because the hospital will already have some information. However, the law prevents attempts to identify or contact the parents or agent. When parents or the parent’s agent take an infant to an approved location after the birth, the North Dakota Baby Safe Haven Law protects the parent’s or agent’s anonymity unless the parent/agent volunteers their information.
It’s necessary to note that if an infant is left anywhere other than with an on-duty employee of an approved safe location, the Baby Safe Haven Law does not apply and law enforcement should be called immediately. If the infant shows signs of harm, the law also does not apply and there will be an investigation to determine how the infant was harmed.
Here are a few more important points to make sure the parents/agents and approved location employees are following the Baby Safe Haven Law protocol:
- The parent or agent should identify that this is a “Baby Safe Haven” request, or other words to indicate their intention to abandon an infant.
- The infant must be given directly to an on-duty staff member.
- If the approved location is not open for business, the parent/agent may call 911 and request help with a “Baby Safe Haven.”
- The approved location must accept the infant if it appears that the infant is under one year of age, regardless of the infant’s condition (the location staff is not responsible for making a medical determination).
- Approved locations, their employees and their agents are immune from any criminal or civil liability for accepting an infant under the Baby Safe Haven Law.
- The law applies to on-duty staff members of an approved location working off site (N.D.A.C. 75-03-19.2-03).
A report of suspected child abuse/neglect must be made to the Child Protection Services Reporting Line at 1-833-958-3500 (required by N.D.C.C.50-25.1-15(6)).
