§ 23-13.1-3 Voluntary surrender of infantchild. – (a) Every hospital, open medical emergency facility, fire station, or policestation operating in the state of Rhode Island shall, without court order, taketemporary physical custody of an infant, who appears to be age thirty (30) daysor younger, who is voluntarily left with a staff member of the hospital, openmedical emergency facility, fire station, or police station by any person whodoes not express an intent to return for the infant and the circumstances giverise to a reasonable belief that the person does not intend to return for theinfant.
(b) The person leaving the infant may, but shall not berequired to leave any information disclosing the identity of himself/herself,the infant, the parents of the infant or other family member of the infantand/or the medical history of himself/herself, the infant, the parents of theinfant, or other family member of the infant. The hospital or other facilitydesignated in this section shall offer the person leaving the infant writteninformation concerning the legal effect of leaving the infant with the hospitalor other facility designated in this section. The department of children, youthand families shall create this information and provide it at no charge tohospitals and other facilities designated in this section. Any informationobtained by the hospital or other facility designated in this section from theperson leaving the infant relating to the identity of the person, the infant,the parents of the infant or other family member of the infant shall be keptconfidential by the hospital or other facility and shared with no one otherthan the director of the department of children, youth and families or his orher designee. However, if a court of competent jurisdiction determines that theimmunity provisions of § 23-13.1-4 do not apply, the hospital or otherfacility where the infant was left must disclose the information relating tothe identity of the person, the infant, the parents of the infant, or otherfamily member of the infant to the department of attorney general upon order ofthe court. Nothing in this section shall be construed to prevent disclosing tomedical care providers any information about the infant necessary to providemedical care or treatment to the infant.
(c) Nothing contained in this section shall preclude thedepartment of children, youth and families from notifying law enforcementauthorities of any criminal wrongdoing in accordance with §§ 11-9-5and/or 40-11-5.
(d) The hospital or other facility with responsibility forperforming duties under this chapter, and/or any employee, independentcontractor, agent, doctor, other medical professional, law enforcement or fireofficial associated with the hospital or facility shall be immune from anycriminal or civil liability arising from action(s) taken in accordance withthis chapter including, but not limited to, determining the age of, receiving,examining or otherwise treating the infant. This immunity does not apply toacts or omissions constituting negligence or reckless, wanton or intentionalmisconduct.
(e) The hospital or other facility in this section performingduties under this chapter and/or any staff member, employee, independentcontractor, agent, doctor, other medical professional, law enforcement or fireofficial associated with the hospital or facility shall be immune from anycriminal or civil liability that otherwise might result from the failure tomake a report under the provisions of chapter 11 of title 40 if the entity orperson acted in good faith in complying with this section.
(f) Any hospital, medical facility or licensed physician, andits employees, independent contractors and agents, are authorized to provide toan infant left at a hospital or other facility in accordance with this chapterany medical care and treatment, including testing for the humanimmunodeficiency virus and hepatitis, that the attending physician believesnecessary for the infant's well-being.
§ 23-13.1-3 Voluntary surrender of infantchild. – (a) Every hospital, open medical emergency facility, fire station, or policestation operating in the state of Rhode Island shall, without court order, taketemporary physical custody of an infant, who appears to be age thirty (30) daysor younger, who is voluntarily left with a staff member of the hospital, openmedical emergency facility, fire station, or police station by any person whodoes not express an intent to return for the infant and the circumstances giverise to a reasonable belief that the person does not intend to return for theinfant.
(b) The person leaving the infant may, but shall not berequired to leave any information disclosing the identity of himself/herself,the infant, the parents of the infant or other family member of the infantand/or the medical history of himself/herself, the infant, the parents of theinfant, or other family member of the infant. The hospital or other facilitydesignated in this section shall offer the person leaving the infant writteninformation concerning the legal effect of leaving the infant with the hospitalor other facility designated in this section. The department of children, youthand families shall create this information and provide it at no charge tohospitals and other facilities designated in this section. Any informationobtained by the hospital or other facility designated in this section from theperson leaving the infant relating to the identity of the person, the infant,the parents of the infant or other family member of the infant shall be keptconfidential by the hospital or other facility and shared with no one otherthan the director of the department of children, youth and families or his orher designee. However, if a court of competent jurisdiction determines that theimmunity provisions of § 23-13.1-4 do not apply, the hospital or otherfacility where the infant was left must disclose the information relating tothe identity of the person, the infant, the parents of the infant, or otherfamily member of the infant to the department of attorney general upon order ofthe court. Nothing in this section shall be construed to prevent disclosing tomedical care providers any information about the infant necessary to providemedical care or treatment to the infant.
(c) Nothing contained in this section shall preclude thedepartment of children, youth and families from notifying law enforcementauthorities of any criminal wrongdoing in accordance with §§ 11-9-5and/or 40-11-5.
(d) The hospital or other facility with responsibility forperforming duties under this chapter, and/or any employee, independentcontractor, agent, doctor, other medical professional, law enforcement or fireofficial associated with the hospital or facility shall be immune from anycriminal or civil liability arising from action(s) taken in accordance withthis chapter including, but not limited to, determining the age of, receiving,examining or otherwise treating the infant. This immunity does not apply toacts or omissions constituting negligence or reckless, wanton or intentionalmisconduct.
(e) The hospital or other facility in this section performingduties under this chapter and/or any staff member, employee, independentcontractor, agent, doctor, other medical professional, law enforcement or fireofficial associated with the hospital or facility shall be immune from anycriminal or civil liability that otherwise might result from the failure tomake a report under the provisions of chapter 11 of title 40 if the entity orperson acted in good faith in complying with this section.
(f) Any hospital, medical facility or licensed physician, andits employees, independent contractors and agents, are authorized to provide toan infant left at a hospital or other facility in accordance with this chapterany medical care and treatment, including testing for the humanimmunodeficiency virus and hepatitis, that the attending physician believesnecessary for the infant's well-being.
§ 23-13.1-3 Voluntary surrender of infantchild. – (a) Every hospital, open medical emergency facility, fire station, or policestation operating in the state of Rhode Island shall, without court order, taketemporary physical custody of an infant, who appears to be age thirty (30) daysor younger, who is voluntarily left with a staff member of the hospital, openmedical emergency facility, fire station, or police station by any person whodoes not express an intent to return for the infant and the circumstances giverise to a reasonable belief that the person does not intend to return for theinfant.
(b) The person leaving the infant may, but shall not berequired to leave any information disclosing the identity of himself/herself,the infant, the parents of the infant or other family member of the infantand/or the medical history of himself/herself, the infant, the parents of theinfant, or other family member of the infant. The hospital or other facilitydesignated in this section shall offer the person leaving the infant writteninformation concerning the legal effect of leaving the infant with the hospitalor other facility designated in this section. The department of children, youthand families shall create this information and provide it at no charge tohospitals and other facilities designated in this section. Any informationobtained by the hospital or other facility designated in this section from theperson leaving the infant relating to the identity of the person, the infant,the parents of the infant or other family member of the infant shall be keptconfidential by the hospital or other facility and shared with no one otherthan the director of the department of children, youth and families or his orher designee. However, if a court of competent jurisdiction determines that theimmunity provisions of § 23-13.1-4 do not apply, the hospital or otherfacility where the infant was left must disclose the information relating tothe identity of the person, the infant, the parents of the infant, or otherfamily member of the infant to the department of attorney general upon order ofthe court. Nothing in this section shall be construed to prevent disclosing tomedical care providers any information about the infant necessary to providemedical care or treatment to the infant.
(c) Nothing contained in this section shall preclude thedepartment of children, youth and families from notifying law enforcementauthorities of any criminal wrongdoing in accordance with §§ 11-9-5and/or 40-11-5.
(d) The hospital or other facility with responsibility forperforming duties under this chapter, and/or any employee, independentcontractor, agent, doctor, other medical professional, law enforcement or fireofficial associated with the hospital or facility shall be immune from anycriminal or civil liability arising from action(s) taken in accordance withthis chapter including, but not limited to, determining the age of, receiving,examining or otherwise treating the infant. This immunity does not apply toacts or omissions constituting negligence or reckless, wanton or intentionalmisconduct.
(e) The hospital or other facility in this section performingduties under this chapter and/or any staff member, employee, independentcontractor, agent, doctor, other medical professional, law enforcement or fireofficial associated with the hospital or facility shall be immune from anycriminal or civil liability that otherwise might result from the failure tomake a report under the provisions of chapter 11 of title 40 if the entity orperson acted in good faith in complying with this section.
(f) Any hospital, medical facility or licensed physician, andits employees, independent contractors and agents, are authorized to provide toan infant left at a hospital or other facility in accordance with this chapterany medical care and treatment, including testing for the humanimmunodeficiency virus and hepatitis, that the attending physician believesnecessary for the infant's well-being.
