A. The purpose of the Maryland Safe Haven Program is to provide the mother of a newborn the opportunity to provide a safe abandonment of her newborn by:
- (1) Providing immunity from civil liability and criminal prosecution for a mother who leaves an unharmed newborn with a responsible adult person under certain circumstances;
- (2) Requiring the approval of the responsible adult with whom the newborn is left;
- (3) Requiring a responsible adult who accepts the newborn to take certain action as soon as reasonably possible; and
- (4) Providing immunity from civil liability and criminal prosecution for certain persons, hospitals, and other facilities under certain circumstances.
B. The goals of the Maryland Safe Haven Program are to:
- (1) Provide for safe abandonment of a newborn with a responsible adult under circumstances where the mother of the newborn does not express a plan to return for the newborn;
- (2) Offer the mother of a newborn an opportunity to leave her unharmed newborn, whose age may be determined with a reasonable degree of medical certainty, with a responsible adult;
- (3) Provide appropriate medical care for a newborn abandoned to a responsible adult; and
- (4) Provide for a long-term plan of care of the abandoned newborn.
Authority: Human Services Article, §4-207; Courts and Judicial Proceedings Article, §5-641; Annotated Code of Maryland
(Agency Note: Federal Statutory Reference—42 U.S.C. §629a)
Effective date: November 24, 2003 (30:23 Md. R. 1651)
Regulation .02B amended effective August 23, 2010 (37:17 Md. R. 1184)