Maryland § 5-641

§ 5-641.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Designated facility” means:

            (i)    A hospital;

            (ii)    The office of a medical provider licensed by the State;

            (iii)    A police department or State Police barracks;

            (iv)    A professional or volunteer fire company that is insured; or

            (v)    Any other facility designated by the Secretary of Human Services by regulation.

        (3)    “Program” means the Maryland Safe Haven Program described under this section.

    (b)    (1)    A person who leaves an unharmed newborn with a responsible adult or at a designated facility within 60 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn shall be immune from civil liability or criminal prosecution for the act.

        (2)    If the person leaving a newborn under this subsection is not the mother of the newborn, the person must have the approval of the mother to do so.

    (c)    (1)    A person with whom a newborn is left under the circumstances described in subsection (b) of this section as soon as reasonably possible shall take the newborn to a designated facility.

        (2)    A designated facility that accepts a newborn under this subsection shall notify the local department of social services within 24 hours after accepting the newborn.

        (3)    A designated facility may receive a newborn in a newborn safety device provided that the device is:

            (i)    Climate controlled;

            (ii)    Physically affixed to an exterior wall or located inside the designated facility;

            (iii)    Located in an area that is conspicuous and visible to the employees of the designated facility;

            (iv)    Clearly marked with appropriate signage; and

            (v)    Equipped with:

                1.    An alert system such that when the newborn safety device is opened, it automatically connects to the 9–1–1 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device;

                2.    A video surveillance system that allows employees of the designated facility to monitor the interior of the newborn safety device 24 hours a day; and

                3.    An automated lock that secures the newborn inside the device after deposit.

    (d)    A responsible adult and a designated facility that accepts a newborn under this section and an employee or agent of the facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.

    (e)    Subject to existing funding for the Program, the Secretary of Human Services shall develop, implement, and maintain a public information program to inform the public about the Program, including:

        (1)    The maintenance of an interactive website that provides pertinent information about the Program, including:

            (i)    Authorized designated facilities;

            (ii)    Instructions for the method by which the parent of a newborn may surrender the newborn;

            (iii)    The manner in which the parent of a newborn surrendered under the Program may anonymously provide information to a local department of social services regarding the medical history of the newborn or the newborn’s family medical history; and

            (iv)    A method:

                1.    By which the parent of a newborn surrendered under the Program may reconsider the surrender; and

                2.    That allows the parent to undergo paternity testing for the purposes of reunification with the newborn;

        (2)    Promotion of educational and informational materials in print, audio, electronic, and other media formats that describe the mission and purpose of the Program and include the Program’s toll–free telephone number;

        (3)    Regular distribution of Program literature at:

            (i)    State and county health department offices;

            (ii)    Each local department of social services; and

            (iii)    Each publicly funded educational institution in the State;

        (4)    Creation and distribution of decals and placards listing designated facilities and the toll–free telephone number of the Program; and

        (5)    Training for emergency medical service providers, 9–1–1 operators, hospital staff, firefighters, law enforcement officers, or any other employee of a designated facility on how to implement and follow the Program.

    (f)    The Secretary of Human Services shall adopt regulations to implement the provisions of this section.

    (g)    On or before December 31, 2025, and each December 31 thereafter, the Secretary of Human Services shall, in accordance with § 2–1257 of the State Government Article, provide a report to the General Assembly on Program metrics, including:

        (1)    The number of newborns surrendered in the prior year;

        (2)    The disposition of the custody of each newborn surrendered through the Program in the prior year; and

        (3)    The cost of maintaining equipment related to and used by the Program.