Section 26-25-1.2 - Surrender of an infant in a baby safety device(a)(1) An emergency services provider may install, maintain, and monitor a baby safety device, provided that the baby safety device meets all of the requirements of this section. No other individual or entity, including any child placing agency, that is not an emergency services provider may install, maintain, or monitor a baby safety device.(2)a. An emergency services provider may accept donations or grants, and the Legislature may appropriate funds, for the purpose of installing and maintaining a baby safety device. If a specific donation or appropriation is made to an emergency services provider for the purpose of installing and maintaining a baby safety device pursuant to this section, then the emergency services provider shall install and maintain a baby safety device as required by this section, to the extent that the funding allows it to do so. A donor may not be involved in the installation, maintenance, or monitoring of a baby safety device.b. An emergency services provider shall not be required to install, maintain, or monitor a baby safety device if the provider has not received funding under this subdivision. (b) A baby safety device in this state shall be installed by a general contractor licensed pursuant to Chapter 8 of Title 34 and shall meet all of the following criteria:(1) Be designed to permit a parent to anonymously place an infant in the device for purposes of surrendering the infant.(2) Be climate controlled.(3) Be installed in a conspicuous location.(4) Be equipped with a dual alarm system connected to the physical location where the device is installed. The dual alarm system shall trigger when an infant is placed into the device, shall be visually inspected twice per day, and shall be tested at least once per week.(5) Have a supporting frame of the device that is anchored to prevent movement of the unit as a whole.(6) Be under 24-hour camera surveillance, provided that the surveillance footage may only be viewed for purposes of investigating alleged child abuse or neglect or other criminal behavior related to the surrender of an infant to a baby safety device.(7) Meet any other requirements adopted by the department.(c) An emergency services provider shall take custody of any infant surrendered in a baby safety device in the same manner as an infant surrendered pursuant to Section 26-25-1, and shall follow the procedures provided in Section 26-25-2.(d)(1) The Department of Public Health shall adopt rules relating to the installation, maintenance, and monitoring of a baby safety device including, but not limited to, the following:. a. Rules providing for the purchase and installation of a baby safety device, including designating from where an emergency services provider may purchase a baby safety device.b. Rules providing for the maintenance of a baby safety device.c. Rules providing for training of emergency services providers with baby safety devices installed on its premises.(2) Nothing in this chapter requires the Department of Human Resources to monitor or regulate any baby safety device installed in this state. (e) Any emergency services provider that has a baby safety device installed shall post signage at the site of the device that clearly identifies the device and provides written and pictorial directions to the surrendering individual instructing him or her to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall be approved by the Department of Public Health and shall clearly indicate all of the following:(1) That an infant surrendered in a baby safety device may be no more than 45 days old.(2) That by placing an infant in the baby safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.(3) That damaging a baby safety device may constitute the crime of criminal mischief.Ala. Code § 26-25-1.2 (1975)
Added by Act 2023-508,§ 2, eff. 9/1/2023.