{"data":{"id":"us-ky/krs-405.075","jurisdiction":"us-ky","citation":"KRS 405.075","heading":"Definitions for section -- Anonymity of parent who places newborn infant","body":"with emergency provider, police station, fire station, hospital, or participating\nplace of worship -- Newborn safety device -- Transport to emergency room --\nImplied consent to treatment -- Waiver by parent -- Sign posted at facility --\nImmunity of provider, officer, firefighter, or staff member from liability --\nShort title.\n(1) As used in this section:\n(a) \"Newborn infant\" means an infant who is medically dete rmined to be less\nthan thirty (30) days old;\n(b) \"Newborn safety device\" means a device:\n1. Designed to permit a parent to anonymously place a newborn infant in\nthe device with the intent to leave the newborn and for an emergency\nmedical services provider to remove the newborn from the device and\ntake custody of the newborn infant;\n2. Installed with an adequate dual alarm system connected to the physical\nlocation where the device is physically installed. The dual alarm system\nshall be:\na. Tested at least on e (1) time per month to ensure the alarm system\nis in working order; and\nb. Visually checked at least two (2) times per day to ensure the alarm\nsystem is in working order;\n3. Approved by and physically located inside a participating staffed ground\nambulance provider licensed and authorized in accordance with\nadministrative regulations promulgated by the Kentucky Board of\nEmergency Medical Services, staffed police station, staffed fire station,\nor staffed hospital that:\na. Is licensed or otherwise legally operating in this state; and\nb. Is staffed continuously on a twenty -four (24) hour basis every day\nby a licensed emergency medical services provider except when\nall licensed emergency medical services providers are temporar ily\noff-site providing emergency medical services as defined in KRS\n311A.010; and\n4. Located in an area that is conspicuous and visible to a ground\nambulance provider licensed and authorized in accordance with\nadministrative regulations promulgated by the Kentucky Board of\nEmergency Medical Services, or to police station, fire station, or\nhospital staff; and\n(c) \"Participating place of worship\" means a recognized place of religious\nworship that has voluntarily agreed to perform the duty granted in this sect ion\nand display signage prominently on its premises regarding its participation in\nthis section and its operating hours during which staff will be present.\n(2) A parent shall have the right to remain anonymous, shall not be pursued, and shall\nnot be consid ered to have abandoned or endangered a newborn infant under KRS\nChapters 508 and 530 if the parent:\n(a) Places a newborn infant:\n1. With an emergency medical services provider;\n2. At a staffed police station, fire station, or hospital;\n3. At a participating place of worship; or\n4. Inside a newborn safety device that meets the requirements of\nsubsection (1) of this section; and\n(b) Expresses no intent to return for the newborn infant.\n(3) (a) Any emergency medical services provider, police officer, or firefi ghter who\naccepts physical custody of a newborn infant, or who physically retrieves a\nnewborn infant from a newborn safety device that meets the requirements of\nsubsection (1) of this section, in accordance with this section shall\nimmediately arrange for t he infant to be taken to the nearest hospital\nemergency room and shall have implied consent to any and all appropriate\nmedical treatment.\n(b) Any staff member at a participating place of worship who accepts physical\ncustody of a newborn infant in accordanc e with this section shall immediately\ncontact the 911 emergency telephone service as set forth in KRS 65.750 to\n65.760, wireless enhanced 911 system as set forth in KRS 65.7621 to\n65.7643, or emergency medical services as set forth in KRS Chapter 311A for\ntransportation to the nearest hospital emergency room.\n(4) By placing a newborn infant in the manner described in this section, the parent:\n(a) Waives the right to notification required by subsequent court proceedings\nconducted under KRS Chapter 620 until such time as a claim of parental\nrights is made; and\n(b) Waives legal standing to make a claim of action against any person who\naccepts physical custody of the newborn infant.\n(5) A staffed police station, fire station, hospital, emergency medical facility , or\nparticipating place of worship may post a sign easily seen by the public stating that:\n\"This facility is a safe and legal place to surrender a newborn infant who is less than\n30 days old. A parent who places a newborn infant at this facility and expre sses no\nintent to return for the infant shall have the right to remain anonymous and not be\npursued and shall not be considered to have abandoned or endangered their\nnewborn infant under KRS Chapters 508 and 530.\"\n(6) Actions taken by an emergency medical services provider, police officer,\nfirefighter, or staff member at a participating place of worship in conformity with\nthe duty granted in this section shall be immune from criminal or civil liability.\nNothing in this subsection shall limit liability for negligence.\n(7) The provisions of subsection (2) of this section shall not apply when indicators of\nchild physical abuse or child neglect are present.\n(8) KRS 211.951, 216B.190, 405.075, 620.350, and 620.355 shall be known as \"The\nRepresentative Thomas J. Burch Safe Infants Act.\"","path":["KRS Chapter 405"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55560","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:32Z","sha256":"6213a4a4013be83ac2e2d2e6a025261394160afa6028e8b8a90b5d7047124bf6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-405.070","next":"us-ky/krs-405.080"},"notice":"GroundRules: Original legal text. Not legal advice."}