Safe Haven Act of 2004
An Act Relative to the Safe Placement of Newborn Infants
Frequently Asked Questions for Safe Havens
What is the Safe Haven Act?
The Safe Haven Act of Massachusetts (2004) allows a parent to legally abandon newborn infants 7 days
old or younger at a hospital, police station, or manned fire station without facing criminal prosecution. The Safe
Haven Act is an amendment to Chapter 119 of the Massachusetts General Laws, section 39½. The law goes into effect on October
29, 2004.
How does the Safe Haven Act define the following terms?
• Newborn infant: a baby 7 days old or younger.
• Voluntary placed, voluntary placement
or voluntary abandonment: voluntarily leaving the newborn infant with an appropriate person at a designated facility.
• Designated Facility: hospital (it is preferred that the newborns specifically be taken
to an acute care hospital emergency department), police department or manned fire station; the locations stipulated by the
Safe Haven Law.
• Appropriate person: someone at a designated facility who is able to ensure that the newborn infant
is safe; for example, the triage person in a hospital emergency department or duty officer in a police station.
• Notification: An immediate notice to be filed with the Department of Social Services
(DSS) on the voluntary abandonment of the newborn infant.
When is the Safe Haven Act applicable?
When a parent voluntarily leaves a newborn infant 7 days of age or younger with an appropriate person
at a hospital, police department or manned fire station and there are no signs of abuse or neglect of the infant.
I work in a Designated Facility: What should I do if an infant is left at a Safe Haven?
1. If the Safe Haven site is not an Acute Care Hospital with an Emergency Department, it is recommended
that you immediately contact your local Emergency Medical Services (EMS) provider to respond and assess the child’s
condition on site and then transport the infant to the closest acute care hospital emergency department.
Safe Haven Act of 2004
An Act Relative to the Safe Placement of Newborn Infants
Frequently Asked Questions for Safe Havens
2. Notify DSS. Notification is accomplished by following the standard 51A process and filing a Mandated
Reporter form. DSS will work with you and any involved medical professionals to ensure that the child’s needs are met
and any
subsequent transitions of care are coordinated.
3. If one or more of the parents is available:
. Thank them for bringing the infant to a
safe place.
. Ask if they would be willing to provide any information that would assist in planning for the future care
of the child. Inform them that situations often arise, or children have questions as they grow older, that only they as parents
can address. You are required to encourage the parent to provide the information but the parent shall not be required to provide
such information. The person accepting a newborn infant at a designated facility shall make every effort to solicit the following
information from the parent placing the newborn infant:
the name of the newborn infant;
the name and address
of the parent placing the newborn infant;
the location of the newborn infant's birthplace;
information relative to
the newborn infant's medical history;
his or her biological family's medical history, if available; and
any other
information that might reasonably assist the department in determining the best interest of the child, including whether the
parent or guardian plans on returning to seek future custody of the child.
A voluntary medical information form is available
for you to use or, alternatively, to give to the parent to complete anonymously and return. It can be found at www.babysafehaven.com.
. Ask if they have a safe place for themselves and/or a way to get home
and offer assistance
if needed and available.
. If it is available, offer information on local services such as crisis support,
counseling
or teen parent support services.
Safe Haven Act of 2004
An Act Relative to the Safe Placement of Newborn Infants
Frequently Asked Questions for Safe Havens
What are the procedures for notification to DSS?
• The designated facility receiving a newborn infant shall immediately notify DSS, by telephone.
The phone number for your local DSS office is located at
www.babysafehaven.com.
To simplify the written reporting process, designated
facilities are requested to use the current
51A Mandated Reporter Form. This form is available at www.babysafehaven.com.
The 51A reporting process and associated form should be used regardless of whether the designated
facility suspects child abuse and neglect. All information relevant to the circumstances of the abandonment and condition
of the infant should be included in the report.
• If child abuse or neglect that is not based solely on the newborn infant having been
left at the facility is suspected, then the report will be screened in by DSS. DSS will then conduct an investigation
in accordance with the massachusetts General Laws Chapter 119, section 51B and DSS Regulations 110CMR 4.00 et. seq.
•
If child abuse is not suspected, the report will be screened out and the case will continue as a Safe Haven Voluntary Application
for Services.
Which Area Office should be notified of a Safe Haven baby?
• The Area Office that covers the location in which the child is found. If information exists
about the parent(s) location, then it will be the Area Office that covers the parent’s location. A listing of DSS Area
Offices by town can be found at
www.babysafehaven.com.
• After 5:00 p.m., on weekends, and holidays, notify DSS via the Child at Risk
Hotline
at (800) 792-5200.
What is the Intake Procedure at DSS when notification is received about a Safe Haven baby?
• DSS will take immediate custody of the baby once they are notified by phone.
Safe
Haven Act of 2004
An Act Relative to the Safe Placement of Newborn Infants
Frequently Asked Questions for Safe Havens
• The DSS screener will obtain as much information as possible about the parents, the medical
condition of the infant, the name and location of the Safe Haven, and person who received the infant.
• DSS will
send a social worker to the location of the newborn or the location where the newborn was transported.
• Upon notification,
DSS will coordinate health care coverage for the newborn through MassHealth or other public assistance programs.
Where will the newborn be placed after DSS assumes custody?
After the newborn is medically screened, the DSS will place the newborn in a DSS approved foster
or pre-adoptive home.
Massachusetts Department of Social Services
24 Farnsworth Street
Boston, MA 02210
(617) 748-2000
