HomeMy WebLinkAbout04 - Safe Surrender Site PlanCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. "
February 22, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Fire Chief Tim Riley, 644 -3101
triley(a)city.newport- beach.ca.us
SUBJECT: Safe Surrender Site Program
RECOMMENDATION:
Adopt the submitted resolution requesting the OC Board of Supervisors to include all
fire stations within the City of Newport Beach as designated safe surrender sites for
newborns.
DISCUSSION:
Since 1999, over 40 states have passed legislation designating safe surrender
conditions for parents to relinquish infants they are unable to care for. The California
Safely Surrendered Baby Law (also known as the Safe Haven Law or Newborn
Abandonment Law, H &S Code 1255.7) was signed into law by Governor Davis in
September 2000, and went into effect on January 1, 2001. The purpose of the law is to
protect babies from being hurt or killed when they are abandoned in unsafe areas, such
as trash bins or dumpsters. Current State law allows a parent or legal guardian to
confidentially surrender an infant, three days old or younger, to any hospital emergency
room or other site designated by the County Board of Supervisors. As long as the baby
has not been abused or neglected, the person may surrender the baby to the
designated site without fear of arrest or prosecution.
Each County Board of Supervisors designates the safe surrender sites within their
jurisdiction. To date, the Orange County Board of Supervisors has designated
Orangewood Children's Home and all hospital emergency rooms. Los Angeles County,
however, has designated all county and municipal fire stations as safe surrender sites.
Radio and print announcements originating in the Los Angeles media market tends to
misinform listeners in Orange County. Orange County Fire Officials are now concerned
that, in response to the Los Angeles media announcements, infants may be abandoned
at Orange County Fire Stations. Orange County Fire Officials feel an immediate need
for the Board of Supervisors to designate all municipal and county fire stations as safe
Safe Surrender Site Program
February 22, 2005
Page 2
surrender sites and to implement procedures for accepting infants at all area fire
stations. .
Over the next few weeks, each fire agency in Orange County will request that their
governing body consider a resolution requesting that the Orange County Board of
Supervisors designate ALL Fire Stations as Safe Surrender sites for newborns.
Our goal is to match the look and feel of Los Angeles County Fire Stations, so the
county line is transparent with respect to the safety of newborns.
Impact on Cities /County:
None. H& S Code 1255.7 (h) confers civil, criminal, and administrative immunity upon
the safe surrender site and the personnel of the safe surrender sites.
Fiscal Impact:
The costs associated with implementing this program include, pursuant to the
regulations, producing and posting signs identifying each fire station as a safe surrender
site and providing identification wrist/ankle bands for the mother and child. The
estimated cost to produce the required signage is 60 to 80 dollars per fire station. The
cost for the identification bands is minimal (less than 100 dollars for 500 bands). These
expenses are ideal candidates for the Children and Families Commission of Orange
County, which receives funds from the 1998 Proposition -10 tobacco tax initiative.
Prior to allocating any monies to these expenditures, a grant application will be
submitted to the Proposition 10 Commission by the Orange County Fire Authority, who
will be coordinating the implementation of the program on behalf of all of the fire
agencies in Orange County.
Environmental Review:
There is no requirement for environmental review.
Prepared and,Submitted by:
Attachments: Resolution
Safe Surrender Site Program
February 22, 2005
Page 3
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY OF NEWPORT BEACH REQUESTING THE
ORANGE COUNTY BOARD OF SUPERVISORS TO DESIGNATE ALL MUNICIPAL
FIRE STATIONS WITHIN THE CITY OF NEWPORT BEACH AS "SAFE -
SURRENDER SITES" FOR NEWBORNS
WHEREAS, California Health and Safety Code section 1255.7, known as the "Safe
Haven Law," was enacted in 2000 in response to widespread reports of babies being abandoned
in trash bins and restrooms, and on the highways, and being discovered dead or in life -
threatening medical and physical condition; and
WHEREAS, the "Safe Haven Law" encourages persons with custody of unwanted
newborn children to anonymously surrender the newborn so that it may receive immediate
medical attention; and
WHEREAS, according to the California Department of Social Services, in the first two
years that the "Safe Haven Law" was in effect, 20 babies were safely surrendered; but 88 babies
were still illegally abandoned, 20 of whom died; and
WHEREAS, the "Safe Haven Law" provides that (a) a parent or person having lawful
custody of a child 72 hours old or younger, who delivers the child to a designated "Safe -
Surrender Site," would be immune from criminal prosecution, (b) a person accepting custody of
a newborn at a "Safe- Surrender Site" must notify the County Child Protective Services Agency
within 48 hours, and (c) permits the person surrendering a newborn to anonymously provide
medical information to the person accepting custody; and
WHEREAS, the "Safe Haven Law" defines a "Safe- Surrender Site" as a location
"designated by the board of supervisors of a county" to be responsible for accepting physical
custody of a newborn; and
WHEREAS, the Safe Haven Law provides immunity for the safe surrender site and the
personnel of the safe surrender site from civil, criminal, and administrative liability; and,
WHEREAS, the City Council of the City of Newport Beach strongly supports the "Safe -
Surrender Site" program and desires that all City of Newport Beach fire stations be designated as
"Safe- Surrender Sites;"
NOW, THEREFORE, BE IT RESOLVED, the City of Newport Beach hereby declares,
finds, and determines as follows:
The City Council of the City of Newport Beach hereby formally requests that the Orange
County Board of Supervisors designate all fire stations within the City of Newport Beach as
"Safe- Surrender Sites" pursuant to California Health and Safety Code section 1255.7.
Safe Surrender Site Program
February 22, 2005
Page 4
PASSED AND ADOPTED this 22nd day of February, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
li
STEVE BROMBERG, MAYOR
CITY OF NEWPORT BEACH
ATTEST:
LAVONNE HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH