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CHANGE # 05-2008
June 2008
During the 2001 legislative session, the Infant Homicide Prevention Act was passed (H275 [SL 2001-291]). This act decriminalized the abandonment of an infant who is less than seven days old under certain circumstances and modified some of the procedures when conducting CPS assessments.
Safe Surrender allows an overwhelmed mother to surrender her newborn to a responsible adult and walk away without fear of criminal prosecution. Safe surrender is legal, provided that the infant is 7 days old or less and unharmed.
Conducting the assessment of a safely surrendered child entails using the same System of Care principles that have been discussed throughout this manual.
A website dedicated to information regarding Safe Surrender can be found at http://www.safesurrender.net/index.html
N.C.G.S. § 14-322.3 states:
When a parent abandons an infant less than seven days of age by voluntarily delivering the infant as provided in N.C.G.S. § 7B-500(b) or N.C.G.S. § 7B-500(d) and does not express an intent to return for the infant, that parent shall not be prosecuted under N.C.G.S. § 14-322 or N.C.G.S. § 14-322.1.
N.C.G.S._§ 7B-500 (b) (d) identifies the individuals that may take an infant into temporary custody without a court order and what actions must be taken.
Subsection (b) states that the following individuals shall, without a court order, take into temporary custody any infant under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express intent to return for the infant:
(1) A health care provider who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center.
(2) A law enforcement officer who is on duty or at a police station or sheriff's department.
(3) A social services worker who is on duty or at a local department of social services.
(4) A certified emergency medical service worker who is on duty or at a fire or emergency medical services station.
Subsection (d) indicates that any adult may, without a court order, take into temporary custody an infant under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express intent to return for the infant. Any individual who takes an infant into temporary custody under this section shall perform any act necessary to protect the physical health and well-being of the infant and shall immediately notify the department of social services or a local law enforcement agency. An individual who takes an infant into temporary custody under this subsection may inquire as to the parents' identities and as to any relevant medical history, but the parent is not required to provide the information. The individual shall notify the parent that the parent is not required to provide the information.
This act impacts CPS assessments through the modification of N.C.G.S._§ 7B-302(a) as follows:
When the report alleges abandonment, the director shall immediately initiate an assessment, take appropriate steps to assume temporary custody of the juvenile, and take appropriate steps to secure an order for non-secure custody of the juvenile.
When the report alleges abandonment, the assessment shall include a request from the director to law enforcement officials to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the juvenile is a missing child. All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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