KRS 405.075: Definitions for section -- Anonymity of parent who places newborn infant

with emergency provider, police station, fire station, hospital, or participating

place of worship -- Newborn safety device -- Transport to emergency room --

Implied consent to treatment -- Waiver by parent -- Sign posted at facility --

Immunity of provider, officer, firefighter, or staff member from liability --

Short title.

(1) As used in this section:

(a) "Newborn infant" means an infant who is medically dete rmined to be less

than thirty (30) days old;

(b) "Newborn safety device" means a device:

1. Designed to permit a parent to anonymously place a newborn infant in

the device with the intent to leave the newborn and for an emergency

medical services provider to remove the newborn from the device and

take custody of the newborn infant;

2. Installed with an adequate dual alarm system connected to the physical

location where the device is physically installed. The dual alarm system

shall be:

a. Tested at least on e (1) time per month to ensure the alarm system

is in working order; and

b. Visually checked at least two (2) times per day to ensure the alarm

system is in working order;

3. Approved by and physically located inside a participating staffed ground

ambulance provider licensed and authorized in accordance with

administrative regulations promulgated by the Kentucky Board of

Emergency Medical Services, staffed police station, staffed fire station,

or staffed hospital that:

a. Is licensed or otherwise legally operating in this state; and

b. Is staffed continuously on a twenty -four (24) hour basis every day

by a licensed emergency medical services provider except when

all licensed emergency medical services providers are temporar ily

off-site providing emergency medical services as defined in KRS

311A.010; and

4. Located in an area that is conspicuous and visible to a ground

ambulance provider licensed and authorized in accordance with

administrative regulations promulgated by the Kentucky Board of

Emergency Medical Services, or to police station, fire station, or

hospital staff; and

(c) "Participating place of worship" means a recognized place of religious

worship that has voluntarily agreed to perform the duty granted in this sect ion

and display signage prominently on its premises regarding its participation in

this section and its operating hours during which staff will be present.

(2) A parent shall have the right to remain anonymous, shall not be pursued, and shall

not be consid ered to have abandoned or endangered a newborn infant under KRS

Chapters 508 and 530 if the parent:

(a) Places a newborn infant:

1. With an emergency medical services provider;

2. At a staffed police station, fire station, or hospital;

3. At a participating place of worship; or

4. Inside a newborn safety device that meets the requirements of

subsection (1) of this section; and

(b) Expresses no intent to return for the newborn infant.

(3) (a) Any emergency medical services provider, police officer, or firefi ghter who

accepts physical custody of a newborn infant, or who physically retrieves a

newborn infant from a newborn safety device that meets the requirements of

subsection (1) of this section, in accordance with this section shall

immediately arrange for t he infant to be taken to the nearest hospital

emergency room and shall have implied consent to any and all appropriate

medical treatment.

(b) Any staff member at a participating place of worship who accepts physical

custody of a newborn infant in accordanc e with this section shall immediately

contact the 911 emergency telephone service as set forth in KRS 65.750 to

65.760, wireless enhanced 911 system as set forth in KRS 65.7621 to

65.7643, or emergency medical services as set forth in KRS Chapter 311A for

transportation to the nearest hospital emergency room.

(4) By placing a newborn infant in the manner described in this section, the parent:

(a) Waives the right to notification required by subsequent court proceedings

conducted under KRS Chapter 620 until such time as a claim of parental

rights is made; and

(b) Waives legal standing to make a claim of action against any person who

accepts physical custody of the newborn infant.

(5) A staffed police station, fire station, hospital, emergency medical facility , or

participating place of worship may post a sign easily seen by the public stating that:

"This facility is a safe and legal place to surrender a newborn infant who is less than

30 days old. A parent who places a newborn infant at this facility and expre sses no

intent to return for the infant shall have the right to remain anonymous and not be

pursued and shall not be considered to have abandoned or endangered their

newborn infant under KRS Chapters 508 and 530."

(6) Actions taken by an emergency medical services provider, police officer,

firefighter, or staff member at a participating place of worship in conformity with

the duty granted in this section shall be immune from criminal or civil liability.

Nothing in this subsection shall limit liability for negligence.

(7) The provisions of subsection (2) of this section shall not apply when indicators of

child physical abuse or child neglect are present.

(8) KRS 211.951, 216B.190, 405.075, 620.350, and 620.355 shall be known as "The

Representative Thomas J. Burch Safe Infants Act."