2005 Idaho Code - 39-8203 — EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN -- CONFIDENTIALITY -- IMMUNITY

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 82
                             IDAHO SAFE HAVEN ACT
    39-8203.  EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN --
CONFIDENTIALITY -- IMMUNITY. (1) A safe haven shall take temporary physical
custody of a child, without court order, if the child is personally delivered
to a safe haven, provided that:
    (a)  The child is no more than thirty (30) days of age;
    (b)  The custodial parent delivers the child to the safe haven; and
    (c)  The custodial parent does not express an intent to return for the
    child.
    (2)  If a safe haven takes temporary physical custody of a child pursuant
to subsection (1) of this section, the safe haven shall:
    (a)  Perform any act necessary, in accordance with generally accepted
    standards of professional practice, to protect, preserve, or aid the
    physical health and safety of the child during the temporary physical
    custody including, but not limited to, delivering the child to a hospital
    for care or treatment; and
    (b)  Immediately notify a peace officer or other person appointed by the
    court of the abandonment.
    (3)  The safe haven shall not inquire as to the identity of the custodial
parent and, if the identity of a parent is known to the safe haven, the safe
haven shall keep all information as to the identity confidential. The
custodial parent leaving the child shall not be required to provide any
information to the safe haven but may voluntarily provide information
including, but not limited to, medical history of the parent(s) or the child.
    (4)  A safe haven with responsibility for performing duties under this
section, and any employee, doctor, or other personnel working at the safe
haven, are immune from any civil or criminal liability that otherwise might
result from their actions, if they are acting in good faith in receiving a
child and performing duties under this section.
    (5)  A custodial parent may leave a child with a safe haven in this state
without being subjected to prosecution for abandonment pursuant to the
provisions of title 18, Idaho Code, provided that the child was no more than
thirty (30) days of age when it was left at the safe haven, as determined
within a reasonable degree of medical certainty.