2021 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

     Note: This version of section effective until 7-1-2021. See also following version of this section, effective 7-1-2021.

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 the child is voluntarily left:

(1) with the provider by the child's parent;

(2) in a newborn safety device that:

(A) has been approved by a hospital licensed under IC 16-21;

(B) 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

(C) is located in an area that is conspicuous and visible to hospital staff;

(3) 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);

(4) in a newborn safety device that:

(A) is located at a facility 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;

(B) is located in an area that is conspicuous and visible to staff; and

(C) 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; or

(5) in a newborn safety device that:

(A) is located at a fire department, including a volunteer fire department, that:

(i) meets the minimum response time established by the county, not to exceed four (4) minutes; and

(ii) is located within one (1) mile of a hospital, police station, or emergency medical services station that is staffed on a twenty-four (24) hour per day, seven (7) day a week basis with full-time personnel who hold a valid cardiopulmonary resuscitation certification and that meets the minimum response time established by the county, not to exceed four (4) minutes;

(B) is equipped with an alert system:

(i) that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider (as defined in IC 16-41-10-1) to the location of the newborn safety device; and

(ii) that is tested at least one (1) time per month to ensure the alert system is in working order; and

(C) is equipped with a video surveillance system that allows members of a fire department to monitor the inside of the newborn safety device twenty-four (24) hours a day and that:

(i) has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours a day; and

(ii) is an independent surveillance system from the alert system described in clause (B);

and 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 this section;

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)(2) 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)(3) may continue to operate without meeting the conditions set forth in subsection (a)(2).

(f) A:

(1) facility that meets the requirements set forth in subsection (a)(4); or

(2) fire department, including a volunteer fire department, that meets the requirements set forth in subsection (a)(5);

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; P.L.170-2021, SEC.2.