Okla. Stat. tit. 10A § 1-2-109

Current through Laws 2024, c. 453.

Section 1-2-109 - Relinquishment of child 30 days or younger to medical services provider or child rescuer

A. A parent subject to the provisions of this act shall not be prosecuted for child abandonment or child neglect under the provisions of any statute which makes child abandonment or child neglect a crime, when the allegations of child abandonment or child neglect are based solely on the relinquishment of a child thirty (30) days of age or younger to a medical services provider or a child rescuer as defined in this section.

B. The following entities shall, without a court order, take possession of a child thirty (30) days of age or younger if the child is voluntarily delivered to the entity by the parent of the child and the parent did not express an intent to return for the child:

1. A medical services provider; or

2. A child rescuer.

C. Delivery of the child may be effectuated by an in-person transfer of the child to the medical services provider or child rescuer or by leaving the child in a newborn safety device that is:

1. Voluntarily installed by the medical services provider or child rescuer;

2. Physically located inside a police station, fire station, child protective services agency, hospital or other medical facility; and

3. Located in an area that is conspicuous and visible to the employees of the police station, fire station, child protective services agency, hospital or other medical facility.

D. A medical services provider or child rescuer that installs a newborn safety device shall:

1. Be responsible for the cost of the installation; and

2. Install an adequate dual alarm system connected to the physical location of the newborn safety device that is:

a. tested at least one time per week to ensure the alarm system is in working order, and

b. visually checked at least two times per day to ensure the alarm system is in working order.

E. Any entity identified in subsection B of this section to which a parent seeks to relinquish a child pursuant to the provisions of this section may:

1. Request, but not demand, any information about the child that the parent is willing to share. The entity is encouraged to ask about, but not demand, the details of any relevant medical history relating to the child or the parents of the child. The entity shall respect the wish of the parent if the parent desires to remain anonymous; and

2. Provide the parent with printed information relating to the rights of the parents, including both parents, with respect to reunification with the child and sources of counseling for the parents, if desired.

F. Once a child has been relinquished to any entity identified in subsection B of this section, the entity receiving the child shall:

1. Perform or provide for the performance of any act necessary to protect the physical health or safety of the child; and

2. Notify the local office of the Department that a parent of a child thirty (30) days of age or younger, in the best judgment of the receiving entity, has relinquished such child and that the entity has taken possession of the child.

G. Upon being made aware that a medical services provider or child rescuer has possession of a child under the provisions of this section, the Department of Human Services shall immediately check with law enforcement authorities to determine if a child has been reported missing and whether the missing child could be the relinquished child.

H. The Department shall design and disseminate:

1. A simplified form for the recording of medical or other information that a relinquishing parent wishes to share with the entity to whom the child is being relinquished;

2. Easily understood printed materials that give information about parents' rights with regard to reunification with a child including, but not limited to, information on how a parent can contact the appropriate entity regarding reunification, and information on sources of counseling for relinquishing parents; and

3. Media information including printed material that creates public awareness about the provisions of this act.

I. For purposes of this section:

1. "Medical services provider" means a person authorized to practice the healing arts including a physician's assistant or nurse practitioner, a registered or practical nurse and a nurse aide; and

2. "Child rescuer" means any employee or other designated person on duty at a police station, fire station, child protective services agency, hospital or other medical facility.

J. A medical services provider or child rescuer with responsibility for performing duties pursuant to this section shall be immune from any criminal liability that might otherwise result from the actions of the entity, if acting in good faith in receiving a relinquished child. In addition, such medical provider or child rescuer shall be immune from any civil liability that might otherwise result from merely receiving a relinquished child.

Okla. Stat. tit. 10A, § 1-2-109

Amended by Laws 2021 , c. 313, s. 1, eff. 7/1/2021.

Added by Laws 2001 , HB 1122, c. 143, §2, emerg. eff. 4/30/2001; Amended by Laws 2009 , HB 2028, c. 233, §92, emerg. eff. 5/21/2009; Renumbered from 10 O.S. § 7115.1 by Laws 2009 , HB 2028, c. 233, §220, emerg. eff. 5/21/2009.