State Codes and Statutes

Statutes > Wyoming > Title14 > Chapter11

CHAPTER 11 - SAFETY FOR A NEWBORN CHILD

 

14-11-101. Purpose and intent.

 

Thepurpose of this act is to provide to a parent of a newborn child the means torelinquish the child so that the child may be cared for and protected in a safehaven.

 

14-11-102. Definitions.

 

(a) As used in this act:

 

(i) "Abuse" means as defined by W.S. 14-3-202(a)(ii);

 

(ii) "Child protective agency" means as defined byW.S. 14-3-202(a)(iv);

 

(iii) "Fire station" means a fire station that is openand operating twenty-four (24) hours a day, seven (7) days a week, and that iscontinually staffed with full- time, paid firefighters who have emergencymedical services training;

 

(iv) "Hospital" means a general acute hospital thatis:

 

(A) Equipped with an emergency room;

 

(B) Open twenty-four (24) hours a day, seven (7) days a week;and

 

(C) Employs full-time health care professionals who haveemergency medical services training.

 

(v) "Neglect" means as defined by W.S.14-3-202(a)(vii);

 

(vi) "Newborn child" means a child who is fourteen(14) days of age or younger as determined within a reasonable degree of medicalcertainty;

 

(vii) "Safe haven provider" means any of the followingthat is staffed twenty-four (24) hours a day, seven (7) days a week:

 

(A) A fire station;

 

(B) A hospital;

 

(C) A police department or sheriff's office; or

 

(D) Any other place of shelter and safety identified by thedepartment of family services which meets the requirements of rules andregulations promulgated pursuant to W.S. 14-11-107.

 

(viii) "This act" means W.S. 14-11-101 through14-11-109.

 

14-11-103. Relinquishment of a newborn child.

 

(a) A parent or a parent's designee may relinquish a newbornchild to a safe haven provider in accordance with the provisions of this actand retain complete anonymity.

 

(b) Relinquishment of a newborn child shall not, in and ofitself, constitute abuse or neglect and the child shall not be considered anabused or neglected child, so long as the relinquishment is carried out insubstantial compliance with provisions of this act.

 

(c) A safe haven provider shall accept a newborn child who isrelinquished pursuant to the provisions of this act, and may presume that theperson relinquishing is the child's parent or parent's designee.

 

(d) The parent or parent's designee may provide informationregarding the parent and newborn child's medical histories, and identifyinginformation regarding the nonrelinquishing parent of the child, but the safehaven provider may not require that any information be given or the personrelinquishing expresses an intent for return of the child.

 

(e) A safe haven provider may provide any necessary emergencymedical care to the newborn child and shall deliver custody of the newbornchild to the nearest hospital as soon as possible.

 

(f) A hospital receiving a relinquished newborn child mayprovide any necessary medical care to the child and shall notify the localchild protective agency as soon as possible, but no later than twenty-four (24)hours after receiving the child.

 

(g) The local child protective agency shall assume care andcustody of the child immediately upon notice from the hospital. Afterreceiving custody, the local child protective agency shall assist in placementof the newborn child pursuant to W.S. 14-11-105(a).

 

14-11-104. Newborn child identity.

 

Unlessreliable and sufficient identifying information relating to the newborn childhas been provided, the department of family services shall work with lawenforcement agencies in an effort to ensure that the newborn child has not beenidentified as a missing child.

 

14-11-105. Child placement; termination of parental rights.

 

(a) The department of family services shall immediately placeor contract for placement of the newborn child in a potential adoptive home.

 

(b) If neither parent of the newborn child affirmatively seeksthe return of the child within three (3) months after the date of delivery to asafe haven provider, the department of family services shall file a petitionfor the termination of the parent-child legal relationship in accordance withW.S. 14-2-308 through 14-2-319.

 

(c) Prior to filing a petition for termination, the departmentof family services shall conduct a search of the putative father registry forunmarried biological fathers and if the putative father is identified, thepetition shall be served pursuant to W.S. 14-2-313.

 

14-11-106. Safe relinquishment is an affirmative defense.

 

Ifthe person relinquishing a newborn child is the child's parent or the parent'sdesignee, relinquishment of a newborn child in substantial compliance with theprovisions of this act is an affirmative defense to any potential criminalliability for abandonment or neglect relating to that relinquishment.

 

14-11-107. Authority of department of family services to promulgaterules and regulations.

 

The department of family services maypromulgate rules and regulations necessary for the effective implementation ofthis act. The rules and regulations shall specify conditions andqualifications for safe haven providers in rural areas of the state that do nothave a safe haven provider as defined in W.S. 14-11-102(a)(vii)(A), (B) or (C).

 

14-11-108. Immunity from liability.

 

Any person, official, institution or agencyparticipating in good faith in any act required or permitted by this act isimmune from any civil or criminal liability that might otherwise result byreason of the action. For the purpose of any civil or criminal proceeding, thegood faith of any person, official, institution or agency participating in anyact permitted or required by W.S. 14-11-101 through 14-11-109 shall bepresumed.

 

14-11-109. Reports of relinquishments.

 

Eachlocal child protective agency shall maintain and update on a monthly basis areport of the number of newborn children who have been relinquished pursuant tothis act and shall submit the information to the department of family services.

 

State Codes and Statutes

Statutes > Wyoming > Title14 > Chapter11

CHAPTER 11 - SAFETY FOR A NEWBORN CHILD

 

14-11-101. Purpose and intent.

 

Thepurpose of this act is to provide to a parent of a newborn child the means torelinquish the child so that the child may be cared for and protected in a safehaven.

 

14-11-102. Definitions.

 

(a) As used in this act:

 

(i) "Abuse" means as defined by W.S. 14-3-202(a)(ii);

 

(ii) "Child protective agency" means as defined byW.S. 14-3-202(a)(iv);

 

(iii) "Fire station" means a fire station that is openand operating twenty-four (24) hours a day, seven (7) days a week, and that iscontinually staffed with full- time, paid firefighters who have emergencymedical services training;

 

(iv) "Hospital" means a general acute hospital thatis:

 

(A) Equipped with an emergency room;

 

(B) Open twenty-four (24) hours a day, seven (7) days a week;and

 

(C) Employs full-time health care professionals who haveemergency medical services training.

 

(v) "Neglect" means as defined by W.S.14-3-202(a)(vii);

 

(vi) "Newborn child" means a child who is fourteen(14) days of age or younger as determined within a reasonable degree of medicalcertainty;

 

(vii) "Safe haven provider" means any of the followingthat is staffed twenty-four (24) hours a day, seven (7) days a week:

 

(A) A fire station;

 

(B) A hospital;

 

(C) A police department or sheriff's office; or

 

(D) Any other place of shelter and safety identified by thedepartment of family services which meets the requirements of rules andregulations promulgated pursuant to W.S. 14-11-107.

 

(viii) "This act" means W.S. 14-11-101 through14-11-109.

 

14-11-103. Relinquishment of a newborn child.

 

(a) A parent or a parent's designee may relinquish a newbornchild to a safe haven provider in accordance with the provisions of this actand retain complete anonymity.

 

(b) Relinquishment of a newborn child shall not, in and ofitself, constitute abuse or neglect and the child shall not be considered anabused or neglected child, so long as the relinquishment is carried out insubstantial compliance with provisions of this act.

 

(c) A safe haven provider shall accept a newborn child who isrelinquished pursuant to the provisions of this act, and may presume that theperson relinquishing is the child's parent or parent's designee.

 

(d) The parent or parent's designee may provide informationregarding the parent and newborn child's medical histories, and identifyinginformation regarding the nonrelinquishing parent of the child, but the safehaven provider may not require that any information be given or the personrelinquishing expresses an intent for return of the child.

 

(e) A safe haven provider may provide any necessary emergencymedical care to the newborn child and shall deliver custody of the newbornchild to the nearest hospital as soon as possible.

 

(f) A hospital receiving a relinquished newborn child mayprovide any necessary medical care to the child and shall notify the localchild protective agency as soon as possible, but no later than twenty-four (24)hours after receiving the child.

 

(g) The local child protective agency shall assume care andcustody of the child immediately upon notice from the hospital. Afterreceiving custody, the local child protective agency shall assist in placementof the newborn child pursuant to W.S. 14-11-105(a).

 

14-11-104. Newborn child identity.

 

Unlessreliable and sufficient identifying information relating to the newborn childhas been provided, the department of family services shall work with lawenforcement agencies in an effort to ensure that the newborn child has not beenidentified as a missing child.

 

14-11-105. Child placement; termination of parental rights.

 

(a) The department of family services shall immediately placeor contract for placement of the newborn child in a potential adoptive home.

 

(b) If neither parent of the newborn child affirmatively seeksthe return of the child within three (3) months after the date of delivery to asafe haven provider, the department of family services shall file a petitionfor the termination of the parent-child legal relationship in accordance withW.S. 14-2-308 through 14-2-319.

 

(c) Prior to filing a petition for termination, the departmentof family services shall conduct a search of the putative father registry forunmarried biological fathers and if the putative father is identified, thepetition shall be served pursuant to W.S. 14-2-313.

 

14-11-106. Safe relinquishment is an affirmative defense.

 

Ifthe person relinquishing a newborn child is the child's parent or the parent'sdesignee, relinquishment of a newborn child in substantial compliance with theprovisions of this act is an affirmative defense to any potential criminalliability for abandonment or neglect relating to that relinquishment.

 

14-11-107. Authority of department of family services to promulgaterules and regulations.

 

The department of family services maypromulgate rules and regulations necessary for the effective implementation ofthis act. The rules and regulations shall specify conditions andqualifications for safe haven providers in rural areas of the state that do nothave a safe haven provider as defined in W.S. 14-11-102(a)(vii)(A), (B) or (C).

 

14-11-108. Immunity from liability.

 

Any person, official, institution or agencyparticipating in good faith in any act required or permitted by this act isimmune from any civil or criminal liability that might otherwise result byreason of the action. For the purpose of any civil or criminal proceeding, thegood faith of any person, official, institution or agency participating in anyact permitted or required by W.S. 14-11-101 through 14-11-109 shall bepresumed.

 

14-11-109. Reports of relinquishments.

 

Eachlocal child protective agency shall maintain and update on a monthly basis areport of the number of newborn children who have been relinquished pursuant tothis act and shall submit the information to the department of family services.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title14 > Chapter11

CHAPTER 11 - SAFETY FOR A NEWBORN CHILD

 

14-11-101. Purpose and intent.

 

Thepurpose of this act is to provide to a parent of a newborn child the means torelinquish the child so that the child may be cared for and protected in a safehaven.

 

14-11-102. Definitions.

 

(a) As used in this act:

 

(i) "Abuse" means as defined by W.S. 14-3-202(a)(ii);

 

(ii) "Child protective agency" means as defined byW.S. 14-3-202(a)(iv);

 

(iii) "Fire station" means a fire station that is openand operating twenty-four (24) hours a day, seven (7) days a week, and that iscontinually staffed with full- time, paid firefighters who have emergencymedical services training;

 

(iv) "Hospital" means a general acute hospital thatis:

 

(A) Equipped with an emergency room;

 

(B) Open twenty-four (24) hours a day, seven (7) days a week;and

 

(C) Employs full-time health care professionals who haveemergency medical services training.

 

(v) "Neglect" means as defined by W.S.14-3-202(a)(vii);

 

(vi) "Newborn child" means a child who is fourteen(14) days of age or younger as determined within a reasonable degree of medicalcertainty;

 

(vii) "Safe haven provider" means any of the followingthat is staffed twenty-four (24) hours a day, seven (7) days a week:

 

(A) A fire station;

 

(B) A hospital;

 

(C) A police department or sheriff's office; or

 

(D) Any other place of shelter and safety identified by thedepartment of family services which meets the requirements of rules andregulations promulgated pursuant to W.S. 14-11-107.

 

(viii) "This act" means W.S. 14-11-101 through14-11-109.

 

14-11-103. Relinquishment of a newborn child.

 

(a) A parent or a parent's designee may relinquish a newbornchild to a safe haven provider in accordance with the provisions of this actand retain complete anonymity.

 

(b) Relinquishment of a newborn child shall not, in and ofitself, constitute abuse or neglect and the child shall not be considered anabused or neglected child, so long as the relinquishment is carried out insubstantial compliance with provisions of this act.

 

(c) A safe haven provider shall accept a newborn child who isrelinquished pursuant to the provisions of this act, and may presume that theperson relinquishing is the child's parent or parent's designee.

 

(d) The parent or parent's designee may provide informationregarding the parent and newborn child's medical histories, and identifyinginformation regarding the nonrelinquishing parent of the child, but the safehaven provider may not require that any information be given or the personrelinquishing expresses an intent for return of the child.

 

(e) A safe haven provider may provide any necessary emergencymedical care to the newborn child and shall deliver custody of the newbornchild to the nearest hospital as soon as possible.

 

(f) A hospital receiving a relinquished newborn child mayprovide any necessary medical care to the child and shall notify the localchild protective agency as soon as possible, but no later than twenty-four (24)hours after receiving the child.

 

(g) The local child protective agency shall assume care andcustody of the child immediately upon notice from the hospital. Afterreceiving custody, the local child protective agency shall assist in placementof the newborn child pursuant to W.S. 14-11-105(a).

 

14-11-104. Newborn child identity.

 

Unlessreliable and sufficient identifying information relating to the newborn childhas been provided, the department of family services shall work with lawenforcement agencies in an effort to ensure that the newborn child has not beenidentified as a missing child.

 

14-11-105. Child placement; termination of parental rights.

 

(a) The department of family services shall immediately placeor contract for placement of the newborn child in a potential adoptive home.

 

(b) If neither parent of the newborn child affirmatively seeksthe return of the child within three (3) months after the date of delivery to asafe haven provider, the department of family services shall file a petitionfor the termination of the parent-child legal relationship in accordance withW.S. 14-2-308 through 14-2-319.

 

(c) Prior to filing a petition for termination, the departmentof family services shall conduct a search of the putative father registry forunmarried biological fathers and if the putative father is identified, thepetition shall be served pursuant to W.S. 14-2-313.

 

14-11-106. Safe relinquishment is an affirmative defense.

 

Ifthe person relinquishing a newborn child is the child's parent or the parent'sdesignee, relinquishment of a newborn child in substantial compliance with theprovisions of this act is an affirmative defense to any potential criminalliability for abandonment or neglect relating to that relinquishment.

 

14-11-107. Authority of department of family services to promulgaterules and regulations.

 

The department of family services maypromulgate rules and regulations necessary for the effective implementation ofthis act. The rules and regulations shall specify conditions andqualifications for safe haven providers in rural areas of the state that do nothave a safe haven provider as defined in W.S. 14-11-102(a)(vii)(A), (B) or (C).

 

14-11-108. Immunity from liability.

 

Any person, official, institution or agencyparticipating in good faith in any act required or permitted by this act isimmune from any civil or criminal liability that might otherwise result byreason of the action. For the purpose of any civil or criminal proceeding, thegood faith of any person, official, institution or agency participating in anyact permitted or required by W.S. 14-11-101 through 14-11-109 shall bepresumed.

 

14-11-109. Reports of relinquishments.

 

Eachlocal child protective agency shall maintain and update on a monthly basis areport of the number of newborn children who have been relinquished pursuant tothis act and shall submit the information to the department of family services.

 

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