La. Admin. Code tit. 67 § V-1505

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-1505 - Safe Haven Relinquishment

A. The DCFS establishes procedures for implementation of title XI, safe haven relinquishment, chapter 13, safe haven relinquishment, of the Louisiana Children's Code, as a collaborative effort with community agencies.

1. Prevent Child Abuse Louisiana and DCFS will provide toll-free lines for the public to inquire about safe haven relinquishment information, procedures and designated emergency care facilities. Parents who have relinquished an infant may contact the DCFS through the toll free hotline at 1-855-452-5437 or Prevent Child Abuse Louisiana at 1-800-244-5373 to inquire about their parental rights or anonymously provide medical information.

2. DCFS, the Department of Health, and community agencies will collaborate to identify facilities meeting the legal definition of a designated emergency care facility, develop and distribute the written notification to such facilities regarding the provisions of the statute, develop and distribute written information and training materials for facilities to use for the instruction of their staff designated to receive relinquished infants and interview parents, develop and distribute information materials to use to increase public awareness regarding safe haven relinquishment, and develop and distribute the notification to hospitals of the requirements of the medical evaluation and testing of a relinquished infant.

3. DCFS will work with community agencies to develop and distribute the card for designated emergency care facilities to give to relinquishing parents as required by article 1152.

4. The following image shall constitute the official safe haven symbol for use in identifying designated emergency care facilities to the public.

Click here to view image

a. The text and image shall be black and the background either white or a shade of yellow typically used for traffic warning signs indicating the necessity of caution. The Department of Children and Family Services will transmit the symbol electronically to any designated emergency care facility upon their request.

B. The initial agency response to notification of a safe haven relinquishment will be within the DCFS Child Protective Services Program.

1. A report that an infant has been relinquished at a designated emergency care facility will be accepted as a report of a safe haven relinquishment and immediately assigned to a child welfare worker. The worker will respond to secure the safety of the infant and obtain immediate medical care if the infant is at a location other than a medical facility able to provide the infant with immediate medical care, unless medical care has already been secured by the emergency care facility.

2. The worker will contact the appropriate court with juvenile jurisdiction and request an instanter order placing the infant in the custody of DCFS as a child in need of care.

3. The worker will contact local law enforcement agencies to request their assistance to determine if the relinquished infant may have been reported missing. The agency will also contact the national registry for missing and exploited children to determine if the infant has been reported missing to that registry.

C. Any relinquishing or non-relinquishing parent of a safe haven infant contacting the DCFS will be asked to voluntarily provide information as well as be informed of their rights as per article 1152.

D. Once the infant has received the required medical examination and testing and any other necessary medical care, and has been discharged from the medical facility providing emergency and/or other medical care, the DCFS will place the infant in the foster/adoptive home that can best provide for his needs. Efforts for the continuance of custody as a child in need of care and the procedure for a termination of parental rights will begin immediately and proceed in accordance with the provisions of titles VI, child in need of care, and XI, safe haven relinquishment. The infant will receive services through the DCFS foster care and adoption programs until the parental rights are terminated and an adoption is finalized or the mother and/or father establish parental rights.

La. Admin. Code tit. 67, § V-1505

Promulgated by the Department of Social Services, Office of Community Services, LR 26:2196 (September 2000), amended LR 26:2826 (December 2000), LR 30:1703 (August 2004), Amended by the Department of Children and Family Services, Child Welfare Division, LR 431726 (9/1/2017).

AUTHORITY NOTE: Promulgated in accordance with Article 1149 et seq., of the Louisiana Children's Code, Title XI, Surrender of Parental Rights.