Chapter 27. Maryland Safe Haven Program
Regulation .01 Purpose and Scope.LinkCopy Citation
A.
The purpose of the Maryland Safe Haven Program is to provide the mother of a newborn the opportunity to provide a safe abandonment of her newborn by:
(1)
Providing immunity from civil liability and criminal prosecution for a mother who leaves an unharmed newborn with a responsible adult person under certain circumstances;
(2)
Requiring the approval of the responsible adult with whom the newborn is left;
(3)
Requiring a responsible adult who accepts the newborn to take certain action as soon as reasonably possible; and
(4)
Providing immunity from civil liability and criminal prosecution for certain persons, hospitals, and other facilities under certain circumstances.
B.
The goals of the Maryland Safe Haven Program are to:
(1)
Provide for safe abandonment of a newborn with a responsible adult under circumstances where the mother of the newborn does not express a plan to return for the newborn;
(2)
Offer the mother of a newborn an opportunity to leave her unharmed newborn, whose age may be determined with a reasonable degree of medical certainty, with a responsible adult;
(3)
Provide appropriate medical care for a newborn abandoned to a responsible adult; and
(4)
Provide for a long-term plan of care of the abandoned newborn.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Child in Need of Assistance (CINA).
(a)
“Child in Need of Assistance (CINA)” has the meaning stated in the Courts and Judicial Proceedings Article, §3-801(f), Annotated Code of Maryland.
(b)
“Child in need of assistance” means a child who requires court intervention because:
(i)
The child has been abused, has been neglected, has a developmental disability, or has a mental disorder; and
(ii)
The child's parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child's needs.
(2)
“Department (DHS)” means the Department of Human Services.
(3)
“Designated facility” means a hospital, State police barracks, or local police department.
(4)
“Local department (LDSS)” means a local department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.
(5)
“Newborn” means a child from birth through 10 days old or through 240 hours old, whichever is later.
(6)
“Order of shelter care (OSC)” means a court order requiring a placement of a child in a physically unrestricting facility, but does not include care in a State mental health facility.
(7)
“Reasonable degree of medical certainty” means the necessity and sufficiency of evidence needed to establish the age of the abandoned child.
(8)
“Responsible adult” means an individual 18 years old or older who may reasonably be expected to provide proper care to a newborn left in the individual's care and who is willing and able to immediately take the newborn to a designated facility.
(9)
“Termination of parental rights (TPR)” means the legal process of obtaining guardianship and ending the rights and responsibilities of the parents.
(10)
“Unharmed” means there is no evidence of physical injury or failure to give proper care and attention to a newborn.
Regulation .03 Reports, Service Decisions, and Plans.LinkCopy Citation
A.
A hospital presented with a newborn by the newborn's mother or other responsible adult and identified as an abandoned newborn shall make an effort to obtain information on a voluntary basis pertaining to the newborn's medical history or risk factors from the individual presenting the newborn.
B.
The hospital shall make reasonable, diligent efforts to obtain information from the mother or responsible adult as to why it is believed that the mother of the newborn has no intention of returning for the newborn.
C.
The hospital or other designated facility that accepts a newborn shall notify the LDSS within 24 hours after accepting the newborn.
D.
The LDSS in the jurisdiction where the hospital is located shall take responsibility of the newborn when medically ready for discharge under an OSC.
E.
A CINA petition shall be filed by the LDSS on behalf of the abandoned newborn in the jurisdiction where the hospital is located in conjunction with the request for an OSC.
F.
A Child Protective Services investigation shall be initiated if the mother, father, or relative of the newborn comes forth to identify the newborn and requests that the newborn be placed in the individual's care.
G.
The child shall remain in the care of the LDSS under an OSC with a CINA finding and commitment to the LDSS pending the outcome of the investigation.
H.
The LDSS shall pursue TPR on the newborn consistent with COMAR 07.02.12.04C and 07.02.11.16A relating to involuntary termination of parental rights if the LDSS believes the newborn to be abandoned as defined in COMAR 07.02.11.03.B(1).
Chapter annotations
Authority: Human Services Article, §4-207; Courts and Judicial Proceedings Article, §5-641; Annotated Code of Maryland
(Agency Note: Federal Statutory Reference—42 U.S.C. §629a)
(Agency Note: Federal Statutory Reference—42 U.S.C. §629a)
History: Effective date: November 24, 2003 (30:23 Md. R. 1651)
History: Regulation .02B amended effective August 23, 2010 (37:17 Md. R. 1184)