Chapter 1 : Section 5

Safe Haven for Newborn Infants

Policy

The Safe Haven for Newborn Infants statutes, A.R.S. § 8-528 and § 13-3623.01(A), provide that a person is not guilty of abuse of a child pursuant to A.R.S. § 13-3623(B) solely for leaving an unharmed newborn infant with a Safe Haven provider.

If a parent or agent of a parent voluntarily delivers the newborn infant to a Safe Haven provider, the Safe Haven provider shall receive the newborn infant if both of the following are true:

  • the parent did not express intent to return for the newborn infant; and

  • the Safe Haven provider reasonably believes that the child is an unharmed newborn infant 30 days old or younger.

Within 8 hours of the call to the Hotline, the Department shall attempt to locate a licensed private adoption agency on the Safe Haven agency list to take legal custody of a newborn infant.

A DCS Report is taken only when no licensed private adoption agency on the Safe Haven agency list has the ability and desire to take custody of the unharmed newborn infant within 24 hours of completion of a physical examination, or the infant has been alleged to have been a victim of child abuse or neglect.

Procedures

Definitions and Criteria for Safe Haven Newborn Infant

An agent is someone who delivers the child to a Safe Haven provider on behalf of the parent.

A Safe Haven provider means any of the following:

  • a staff member or volunteer at a licensed private child welfare agency or licensed adoption agency or church that posts a public notice;

  • a firefighter on duty;

  • an emergency medical technician (EMT) on duty; and

  • a medical staff member at a health care institution (e.g., a hospital).

A parent or agent of a parent who leaves a newborn infant with a Safe Haven provider may remain anonymous, and the Safe Haven provider is not required to ask the parent or agent any questions. The Safe Haven provider immediately calls the Hotline upon receiving a newborn infant from a parent or an agent of a parent. The Intake Specialist determines if the information provided meets the statutory definition of a Safe Haven newborn infant.

The Intake Specialist enters as a Screened Out Intake if the following criteria for a Safe Haven newborn infant are met:

  • newborn infant is 30 days old or younger or that the date of birth is unknown but the source believes the child is 30 days old or younger;

  • newborn infant has been voluntarily transported by the parent or agent of the parent to a Safe Haven provider per A.R.S. § § 8-528 and 13-3623.01; and

  • a physical examination of the newborn infant at the hospital shows the newborn infant is unharmed and is 30 days old or younger.

The following situations do not fall within the Safe Haven for Newborn Infants statutory provisions and are taken as a Report:

  • Mother gives birth in a hospital and decides she does not want to take the newborn infant home.

  • Newborn infants born in a hospital and subsequently left by a mother who does not return by the time the newborn infant is ready for discharge. A child is these circumstances would not be considered a Safe Haven newborn infant because the mother did not voluntarily deliver the child to a Safe Haven provider.

  • Newborn infants alleged to have been a victim of child abuse or neglect.

  • The physical examination results in suspicion of abuse or neglect that meets criteria as a DCS Report.

  • The child is believed to be an alleged victim in an open DCS Report.

In the above situations, the Intake Specialists requests the name, date of birth, and other identifying information about the mother, child, and alleged father from the source as required by the mandated reporting statute.

Required Physical Examination of Newborn Infant

All Safe Haven newborn infants must be examined at a hospital.

If the reporting source is not a hospital, the Intake Specialist advises the reporting source to immediately transport or arrange for the newborn infant to be transported to a hospital for a physical examination.

If the reporting source is a hospital and states an exam has not yet been completed, the Specialist will ask the hospital to call back upon receiving the results of the physical exam.

If a physical exam has been conducted and it is determined the newborn infant is unharmed, a Screened Out Intake will be generated.

If a physical exam is completed and it is determined the newborn infant does not meet the requirements for a Safe Haven newborn infant, then a DCS Report will be generated.

Confirmation of Safe Haven Newborn Infant

The Intake Supervisor will immediately notify an Intake Program Manager, including during after-hours, when a Safe Haven newborn has been received and will also e-mail them the narrative and Intake number. The Intake Program Manager will confirm that the infant qualifies as a Safe Haven newborn infant and take the following action:

  • call the hospital where the physical examination of the infant is taking place to confirm that the infant falls within the Safe Haven statute definition;

  • gather the name and number of the person at the hospital for the adoption agency to contact to coordinate taking custody of the baby upon discharge; and

  • contact a licensed adoption agency to coordinate taking custody of the infant.

If the Safe Haven provider is a licensed private adoption agency or a church that is affiliated with a licensed private adoption agency that has the ability and desire to take custody of the infant:

  • Confirm with the adoption agency that they are a licensed adoption agency and have the ability to take custody of the infant within 24 hours from the time of the completion of the physical examination.

  • Ensure the agency name, contact name, address and phone number for the agency is documented in the original Screened Out Intake, and if it is not, update the adoption agency’s Guardian record.

If the Safe Haven provider or licensed adoption agency does not have the ability and desire to take custody of the infant and place the infant for adoption:

  • Immediately contact the next licensed private adoption agency from the Active Adoption Agencies list in Guardian. When selecting agencies from the list, contact the agency with the oldest “Last Contacted” date. The Hotline must make this contact within 8 hours of notification of the original call about the Safe Haven infant.

  • Inform the agency that the agency is next on the list and confirm that the agency will take custody of the infant within 24 hours from the time of the completion of the physical examination.

  • If the agency is not able and willing to take custody of the infant, contact the next agency on the Active Adoption Agencies list until a licensed private adoption agency is located that is able and willing to take custody of the infant.

  • If the agency does not answer the phone and there is no ability to leave a message or the agency fails to contact the Hotline within 30 minutes of the Hotline leaving a message, contact the next agency on the list.

When the adoption agency has been identified:

  • Provide the name of the hospital where the child is located with the name and number of the contact person at the hospital. Ask the agency to contact the Hotline when the agency takes custody of the infant.

  • Contact the hospital and provide the agency name, contact name, and phone number of the agency who will take custody of the infant.

  • Document in the original Intake’s Screened Out tab under in the Adoption Agencies Section which agency has confirmed that they will take custody of the infant.

Confirmation of Custody Taken

Intake management confirms that the licensed private adoption agency took custody of the newborn infant within 24 hours from the time of the completion of the physical examination by reviewing the documentation or calling the agency to confirm.

If no telephone call was received, Intake management calls the agency to confirm they took custody of the newborn infant.

If the adoption agency is unable to take custody, Intake management will take steps to see if the next licensed, private adoption agency on the rotating list is able to take custody of the child. If no adoption agency takes custody of the newborn infant within 48 hours after the completion of the physical examination, the original Screened Out Intake will be changed to a DCS Report and the DCS Program Supervisor will be notified of the new Report.

Documentation

Document all information received into Guardian. Apply a Safe Haven indicator to the initial Screened Out Intake, if applicable.

 

Effective Date: October 3, 2023
Revision History: February 4, 2005, November 20, 2018, April 16, 2019, February 1, 2021 , September 29, 2021