2019 Indiana Code
Title 31. Family Law and Juvenile Law
Article 34. Juvenile Law: Children in Need of Services
Chapter 2.5. Emergency Custody of Certain Abandoned Children
31-34-2.5-1. Emergency medical services provider taking custody of child; newborn safety device
Sec. 1. (a) An emergency medical services provider (as defined in IC 16-41-10-1) shall, without a court order, take custody of a child who is, or who appears to be, not more than thirty (30) days of age if:
(1) the child is voluntarily left:
(A) with the provider by the child's parent;
(B) in a newborn safety device that:
(i) has been approved by a hospital licensed under IC 16-21;
(ii) is physically located inside a hospital that is staffed continuously on a twenty-four (24) hour basis every day to provide care to patients in an emergency; and
(iii) is located in an area that is conspicuous and visible to hospital staff;
(C) in a newborn safety device that was installed on or before January 1, 2017, and is located at a site that is staffed by an emergency medical services provider (as defined in IC 16-41-10-1); or
(D) in a newborn safety device that:
(i) is located at a fire department, including a volunteer fire department, that is staffed by an emergency medical services provider (as defined in IC 16-41-10-1) on a twenty-four (24) hour seven (7) day a week basis;
(ii) is located in an area that is conspicuous and visible to staff; and
(iii) includes an adequate dual alarm system connected to the site that is tested at least one (1) time per month to ensure the alarm system is in working order; and
(2) the parent does not express an intent to return for the child.
(b) An emergency medical services provider who takes custody of a child under this section shall perform any act necessary to protect the child's physical health or safety.
(c) Any person who in good faith voluntarily leaves a child:
(1) with an emergency medical services provider; or
(2) in a newborn safety device described in subsection (a)(1)(B);
is not obligated to disclose the parent's name or the person's name.
(d) A hospital that approves the operation of a newborn safety device that meets the requirements set forth in subsection (a)(1)(B) is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct.
(e) A newborn safety device described in subsection (a)(1)(C) may continue to operate without meeting the conditions set forth in subsection (a)(1)(B).
(f) A fire department, including a volunteer fire department, that meets the requirements set forth in subsection (a)(1)(D) is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct.
As added by P.L.133-2000, SEC.3. Amended by P.L.217-2001, SEC.5; P.L.128-2012, SEC.158; P.L.183-2017, SEC.41; P.L.263-2017, SEC.1; P.L.186-2017, SEC.1; P.L.205-2018, SEC.11.
