Baby Safe Haven Abandoned Child

No. 1.14
                   Policy & Procedures
                                     Subject:
                Baby Safe Haven/Abandoned Child
                                     Issuing Authority:                                       Effective Date:   Review Date:
                      Chief of Police                       10/01/2009   09/29/2023
                                                                                    References:

 Review                    Revised:
 Revision      05/19/2020   2/4/2024
 Reissued
 Dates:
  1/1/2014
  12/20/2016
  11/16/2018

CALEA STANDARDS: 41.2.6

BACKGROUND:

In 2004 the Massachusetts Legislature passed Chapter 227, An Act Relative to the Placement
of Newborn Infants, a temporary law which provided a mechanism for parents to voluntarily
abandon newborn infants, within seven days of birth, without the abandonment itself constituting
criminal neglect. The law was made permanent with passage of Chapter 86 of the Acts of 2007.

The purpose of this policy is to provide guidance to officers faced with a voluntary
abandonment. This policy does not in any way prohibit police from accepting an infant or child
believed to be older than seven days.

POLICY:

The Canton Police Department will ensure that infants voluntarily abandoned are received,
cared for, and transferred to the appropriate social services agency.

PROCEDURES:

The act of abandonment in and of itself shall not constitute abuse or neglect provided that the
newborn infant is:i

1.    Seven (7) days of age or less;

2.     Delivered to an appropriate person;

3.     Delivered to a designated facility, defined as:

        a.    A hospital;

        b.    A police department; or

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c.    A manned fire station.

Acts of abuse or neglect are not exempted under this statute.
If an infant or child is obviously more than seven days old, this procedure shall be followed, and
in addition:

1.    The officer shall attempt to identify the abandoning parent;

2.    An investigation shall be conducted and a report prepared; and

3.    The District Attorney’s Office should be consulted before any criminal charges are
       sought.

M.G.L. ch 119/§39 provides criminal penalties for parents who abandon a child under the age of
10. If the child is under the age of 10 appears to be alone and have no parent or guardian to
care for them, they should be brought to the police station where officers will do the following
[41.2.6]:

    1.  Interview the child to determine their name address, age, and the circumstances of
       being unaccompanied;
    2.  Notify the Supervisor;
    3.  Provide medical attention if needed;
    4. Query the name through CJIS/NCIC to see if the child is a missing person;
    5.  Attempt to contact a parent/guardian. If successful arrange for transportation home;
    6.   If the child is a voluntary runaway and is not wanted on a warrant or other violation,
       return to parent/guardian or Department of Children and Families (DCF);
    7.  Interview parent/guardian and if abuse or neglect is suspected, file 51A report with DCF;
    8.   If no contact can me made where a responsible party, notify DCF to arrange for
       temporary foster care.

Initial Response to Voluntary Abandonment

     Upon receiving a request for voluntary abandonment, Dispatch personnel shall
       immediately:

        1.      Notify the Shift Supervisor;

        2.     Assign an officer to meet the parent(s) and take custody of the infant; and

        3.     Request EMS to respond to check the medical condition of the infant and
               transport the infant to an acute care hospital emergency department, if available.

            If there are obvious signs of physical abuse or neglect, the officer shall initiate a
       preliminary investigation and submit a report of Neglect and Abuse to DCF.ii

      The Shift Supervisor shall ensure that the Chief of Police is notified.

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Interacting with the Caretaker

            If one or more parent is available, thank them for bringing the infant to a safe place and
      ask if they would be willing to provide information that will assist in planning for the future
       care of the child. Encourage the parent to provide information and inform them that
        situations often arise that only information from a parent can address.

      The following information should be recorded in a report if possible:

        1.    The name of the newborn infant;

        2.    The name and address of the parent placing the newborn infant;

        3.    The newborn infant's birthplace;

        4.     Information relative to the newborn infant's medical history;

        5.     His or her biological family's medical history;

        6.    Any other information that might reasonably assist the department in determining
              the best interest of the child; and

        7.     Whether the parent plans on returning to seek future custody of the child.

        After obtaining any information possible from the parent(s), the officer should take
       custody of any food, clothing, blankets, or other items turned the parent has with them
        for the child. The officer should inquire about any assistance the parent needs, including
       domestic violence or substance abuse services. The Baby Safe Haven Hotline number
       should also be provided to the parent(s): 1-866-814-SAFE (7233).

Caring for the Infant

     An employee or other appropriate person shall be assigned to care for the infant until
       custody is transferred to another appropriate person. An employee with an infant or very
      young child may be very helpful in immediately caring for the infant until additional
       assistance arrives.

      The infant shall be kept in a safe and comfortable place with the temporary caretaker
      and shall never be left unattended. The infant shall be turned over to EMS personnel
      upon their arrival, along with any food, clothing, or other items. A copy of the information
       volunteered by the parent should accompany the infant.

Department of Children and Families

      The assigned officer shall notify DCF and advise them of any information that is
       available about the infant, including:

        1.    The infant’s name and any other information volunteered by the parent;

        2.    Any items left with the infant (food, clothing, blankets, etc.); and

        3.    The location where a social worker can take custody of the infant (police station,
                hospital, etc.).

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Reports

        Officers assigned to an abandoned infant shall submit an incident report prior to the end
        of their tour of duty. A copy of the Baby Safe Haven form and of the officer’s incident
        report shall be provided to DCF as soon as they are available.

i M.G.L. c. 119, §39 1/2.
ii M.G.L. c. 119, §51A.

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