AB 1628

Child protection: safe surrender

This bill would allow parents or guardians to safely give up a newborn baby at a designated location, like a hospital or fire station, without facing criminal charges, as long as the baby is no more than 30 days old — up from the current limit of 3 days. It would also require schools to teach students about this option.

Existing law defines a safe-surrender site to mean a location designated by the board of supervisors of a county or by a local fire agency, or a location within a public or private hospital that is designated by that hospital, to be responsible for accepting physical custody of a minor child who is 72 hours old or younger from a parent or individual who has lawful custody of that child and who surrenders the child. Existing law requires personnel on duty at a safe-surrender site to accept physical custody of the minor child, and to notify child protective services or a county agency providing child welfare services as soon as possible, but no later than 48 hours after accepting custody of the child. Under existing law, a parent or other individual with lawful custody of a minor child 72 hours old or younger who voluntarily surrenders physical custody of the child to personnel on duty at a safe-surrender site cannot be prosecuted for child abandonment. This bill, the Keeping Infants from Danger (KID) Act, would expand the scope of these provisions to apply to children who are 30 days of age or younger. By imposing new duties on local officials, the bill would impose a state-mandated local program. This bill would also make a conforming change. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.