TITLE X
PUBLIC HEALTH
Chapter 132-A
TEMPORARY CARE AND CONTROL OF CHILDREN AT A HOSPITAL OR SAFE HAVEN
Section 132-A:1
132-A:1 Definitions. –
In this chapter:
I. "Department" means the department of health and human services.
II. "Hospital" means a public or private institution which is required to be licensed under RSA 151, and which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitative services for the rehabilitation of such persons.
III. "Safe haven" means a church which is attended by a person, or a police or fire station which is attended by a person, or a 911 responder at an agreed transfer location.
IV. "Safe haven infant safety device" means a device or container to safely accept delivery of a child 61 days of age or younger that is:
(a) Voluntarily installed by a hospital, law enforcement agency, or fire department;
(b) Physically located inside a hospital, law enforcement facility, or fire department facility that is staffed 24 hours a day;
(c) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department; and
(d) Equipped with an alarm that notifies the hospital, law enforcement agency, or fire department where the device or container is located.
Source. 2003, 40:1, eff. June 4, 2003. 2024, 272:2, eff. Sept. 24, 2024.
Section 132-A:2
132-A:2 Temporary Care and Control of Children at a Hospital or Safe Haven. –
I. A hospital or safe haven, without a court order, shall take temporary care and control of a child who is not more than 61 days old, provided that the child is handed to a person at the hospital or safe haven, or is placed in a safe haven infant safety device, by the child's parent or parents, and the parent or parents did not express an intent to return for the child. The child's parent or parents shall not be required to reveal personally identifiable information.
II. A hospital or safe haven which takes temporary care and control of a child under this chapter shall ensure the provision of any medical services necessary to protect the physical health or safety of the child.
Source. 2003, 40:1, eff. June 4, 2003. 2024, 272:3, eff. Sept. 24, 2024.
Section 132-A:3
132-A:3 Notice to Department. –
I. Within 24 hours after a hospital or safe haven assumes temporary care and control of a child under RSA 132-A:2, the hospital or safe haven shall notify the department and law enforcement officials that the hospital or safe haven has assumed temporary care and control of the child.
II. Upon receipt of notice by the hospital or safe haven, the department shall assume the temporary care and control of the child and shall be responsible for all necessary medical and other costs incurred by the hospital or safe haven related to the temporary care and control of the child. The department shall reimburse the hospital or safe haven for any necessary costs incurred prior to the child's placement in the temporary care and control of the department.
III. Within 24 hours of receiving a report under this paragraph, the department shall request law enforcement officials to investigate the incident, including by using the National Crime Information Center database, to determine if the child is a missing child.
Source. 2003, 40:1, eff. June 4, 2003. 2024, 272:4, eff. Sept. 24, 2024.
Section 132-A:4
132-A:4 Liability. –
I. No person or entity subject to the provisions of this chapter shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this chapter.
II. Notwithstanding any rule of evidence or law to the contrary, evidence of a parent's crime or wrongdoing obtained as a proximate result of the parent acting in accordance with this chapter shall be inadmissible in a criminal or civil trial against the parent.
Source. 2003, 40:1, eff. June 4, 2003. 2024, 272:5, eff. Sept. 24, 2024.
Section 132-A:5
132-A:5 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this chapter.
Source. 2003, 40:1, eff. June 4, 2003.