Safely Surrendered Babies (SSB)

0070-520.10 | Revision Date: 11/10/20

Overview

This policy guide provides guidelines for the safe surrender of babies including the process for taking referrals, reporting temporary custody, documenting necessary information in CWS/CMS, and what to do if a parent re-claims the child within the 14 day time period.

TABLE OF CONTENTS

Policy

Safely Surrendered Baby (SSB) Law

Medical Questionnaire

Confidentiality

Reporting

Individuals Permitted to Assist in Safely Surrendering a Baby

Safe Surrender Site

VS 136, Certificate of Finding of Unknown Child or Safely Surrendered Baby

Safe Surrender, Abandonment and Voluntary Relinquishment

Safe Surrender

Abandonment

Voluntary Relinquishment

Assignment of Safely Surrendered Baby (SSB) Referrals and Cases to the Sensitive Case Unit (SCU)

Immediate Placement with a Resource Family Home that is Adoption Ready

Procedure

Taking a Safely Surrendered Baby (SSB) Referral – Child Protection Hotline (CPH)

CPH CSW Responsibilities

CPH SCSW Responsibilities

CPH Child Fatality/Critical Incident Liaison Responsibilities

MCU Staff Responsibilities

Taking a Safely Surrendered Baby (SBB) Referral – Sensitive Case Unit (SCU)

SCU CSW Responsibilities

SCU SCSW Responsibilities

Taking a Safely Surrendered Baby (SSB) Referral – Emergency Response Command Post (ERCP)

ERCP CSW Responsibilities

ERCP SCSW Responsibilities

Reporting Temporary Custody of a Safely Surrendered Baby (SSB) to the California Missing Children’s Clearinghouse Hotline

SCU/ERCP SCSW Responsibilities

Receiving a Detention Report for a Safely Surrendered Baby (SSB) – Intake and Detention Control (IDC)

Secondary Assignment to Assist in Concurrent Planning

MCU Staff Responsibilities

Safely Surrendered Baby (SSB) is Reclaimed within the 14th Day Time Limit

CPH CSW Responsibilities

SCU CSW Responsibilities

Safely Surrendered Baby (SSB) is Not Reclaimed within the 14 Day Time Limit

SCU CSW Responsibilities

SCU SCSW Responsibilities

Proper Court Documentation and Filing

IDC CSW/ER CSW/DI CSW Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/01/14 version, to include instructions from the All County Information Notice (ACIN) No I-06-19 for documenting in CWS/CMS information regarding the medical questionnaire form.

POLICY

Safely Surrendered Baby (SSB) Law

The Safely Surrendered Baby Law (SSB) allows a parent or other person who has lawful custody of a baby that is 72 hours old or younger, to surrender that baby without criminal prosecution for abandonment, failure to provide, or desertion, provided there is no abuse or neglect.  Newborns may be surrendered to personnel on duty at a designated Safe Surrender Site.  The law also allows for a 14-day period during which the person who surrendered the baby can reclaim the baby by calling the DCFS Child Protection Hotline.  The 14-day period begins on the day that the baby is surrendered.

Medical Questionnaire

The individual surrendering the baby must be offered a Medical Questionnaire but the form is voluntary to complete. The questionnaire may be declined, voluntarily filled out and returned at the time the baby is surrendered, or later filled out and mailed back to the hospital.  This Medical Information Questionnaire shall not require identifying information about the baby or the parent or individual surrendering the baby, other than the identification code provided in the ankle bracelet placed on the baby.

If CSW does not have any contact with person surrendering the baby, it is the responsibility of the CSW to follow-up with the first responder, medical staff, or other qualified personnel at the safe surrender site to verify whether the medical questionnaire was offered to the surrendering parent, if it was accepted or declined by the parent, and then record the information in CWS/CMS. If a questionnaire was completed at a Safe Surrender Site, the CSW must obtain a copy of it.

Confidentiality

In cases where a parent/surrendering individual's name is known (e.g., mother registers at the hospital where she gives birth or otherwise inadvertently provided), Safe Surrender site staff will place a confidential coded ankle bracelet on the baby and give a matching bracelet to the person surrendering the baby. The name of the parent/surrendering individual must remain anonymous and should be entered as “Mother Unknown”, “Father Unknown”, or simply “Unknown”.

If confidential information is inadvertently provided to DCFS by the Safe Surrender Site, it must not be entered into CWS/CMS or included in the Detention Report.

Reporting

Information regarding the baby’s Safely Surrendered status must be entered in CWS/CMS on the Special Projects Page. In addition, DCFS is required to report all Safely Surrendered Babies to the:

• California Missing Children Clearinghouse at (800) 222-FIND or (800) 222-3463 or contact by emailing missing.persons@doj.ca.gov or click this link https://oag.ca.gov/missing/contact to complete required fields and email.

• California Department of Social Services (CDSS), immediately, via the SOC 880, Safely Surrendered Baby Report per ACIN I-19-12

• National Crime Information Center

Individuals Permitted to Assist in Safely Surrendering a Baby

The SSB law allows people to assist the parent surrendering the baby for the purpose of carrying-out the safe surrender, if they do so without compensation, and in good faith.  This person may transport the baby to the Safe Surrender Site as a person with lawful custody, or transport or accompany the parent or person with lawful custody at the request of that parent or person to affect the safe surrender, or perform any other act in good faith for the purpose of affecting the safe surrender of the baby.

In these instances, a person assisting in a safe surrender would not be civilly liable for injury or death of the baby as a result of any act or omission except those acts or omissions constituting gross negligence, recklessness, or willful misconduct. 

Safe Surrender Site

• A location within a public or private hospital that is designated (displays Safe Surrender logo) by that hospital to be responsible for accepting physical custody of a Safely Surrendered Baby.

• Any fire Station that voluntarily agrees to serve as a Safe Surrender site.

• Authorized SSB Fire Department staff will place a confidential coded ankle bracelet on the baby and record it on the Fire Station First Responder form.  A matching bracelet will be given to the person surrendering the baby.  The baby will be transported by a paramedic transport unit to the nearest hospital emergency department.

Staff members at the Safe Surrender Site are required to notify the DCFS Child Protection Hotline (CPH) as soon as possible, but not more than 48 hours following the surrender of the baby.

VS 136, Certificate of Finding of Unknown Child or Safely Surrendered Baby

A Certificate of Finding is the type of birth certificate that is obtained for Safely Surrendered Babies.  This should be done by the appropriate staff at the hospital where the child was safely surrendered.  However, if needed, the CSW may obtain the VS 136, Certificate of Finding of Unknown Child or Safely Surrendered Baby.

If a birth certificate is issued for a SSB, whether in error or prior to the surrender of the baby, the birth certificate must be sealed and a Certificate of Finding of Unknown Child or Safely Surrendered Baby filed in its place.  In order to facilitate this procedure, a court order to seal the birth certificate must be obtained.

If a SSB has been issued a birth certificate in error, an adoption cannot be finalized until the birth certificate has been sealed and a Certificate of Finding of Unknown Child or Safely Surrendered Baby is issued in its place.  It is in the best interest of the child that DCFS obtain a court order as soon as it is recognized that a birth certificate has been issued in error.

Back to Policy

Safe Surrender, Abandonment and Voluntary Relinquishment

Safe Surrender

An infant is considered to be safely surrendered if all the following apply:

• Is 72 hours of age or younger

• Is voluntarily surrendered by a parent or an individual with “lawful custody”

• Is surrendered to personnel on duty at a designated Safe Surrender Site (hospital, fire station or with paramedics)

• Has not suffered abuse and/or neglect

A baby born in a hospital may be surrendered under the SSB law.  When this occurs, hospital staff must ensure the following:

• The birth mother, by word or action, indicates that she does not want to keep her baby

• The birth mother is voluntarily surrendering physical custody of the child

• The baby is in the care of hospital personnel

If the birth mother chooses to voluntarily relinquish her baby and begins the adoption process, then subsequently chooses safe surrender within 72 hours of birth, the baby would be considered surrendered.  The intent of the SSB law is to ensure that the baby is safe; remaining in the care of the hospital would be considered as such.  If a baby is surrendered after a hospital birth, the names of the birth mother and father must be redacted from any information provided to DCFS.

Abandonment

An infant is considered to be an Abandoned Surviving Baby when:

• The baby is abandoned in a public or private location and survives.

The following are not considered Abandoned Surviving Babies:

• Babies who are “abandoned” into the care of persons, even those who are strangers to the parent.

• Babies who are left in hospitals after birth by mothers who fail to make plans for their care (i.e., “Boarder Babies”).

An infant is considered to be an Abandoned Deceased Baby when:

• The baby is either murdered and then abandoned or dies from neglect due to abandonment in a public or private location.

• Examples of public locations are:  dumpsters, alleys, rail yards, residence steps, stairwells, etc. 

• Examples of private locations are: private residence closets, bathtubs, wastebaskets, etc.

Voluntary Relinquishment

An infant is considered to be a Voluntarily Relinquished Baby when:

• Parents who do not believe they have the means, ability and/or desire to parent their baby may choose to place the baby for adoption. 

Assignment of Safely Surrendered Baby (SSB) Referrals and Cases to the Sensitive Case Unit (SCU)

In an effort to ensure standardization of how these referrals/cases are handled and to expedite the Termination of Parental Rights (TPR), all Safely Surrendered Baby referrals/cases will be treated as Sensitive Referrals/Cases and will be assigned to a Sensitive Case Unit (SCU) Children’s Social Worker (SCU CSW). However,Safely Surrendered Baby referrals will not be labeled as being a Sensitive Referral/Case. Referrals made after-hours will be investigated by the Emergency Response Command Post (ERCP).

Back to Policy

Immediate Placement with a Resource Family Home That is Adoption Ready

Whenever possible, a SSB will be placed with a family that is approved as a Resource Family Home (RFH) and is adoption readyat the time of placement.  The Matching Coordination Unit (MCU) of the Resource Family Support and Permanency Division (RFSPD) maintains a list of RFH approved families that have been identified as adoption ready and have been awaiting placement of a baby. The list of approved families are from DCFS and Foster Family Agencies.

During normal business hours, as soon as the Hotline approves the referral, the MCU staff is notified by phone or email.  When referrals are received outside of normal business hours, the MCU is notified on the next business day.

The MCU will expedite a search for a RFH that is adoption ready for the SSB.  All steps taken by the MCU Coordinator are to be documented in CWS/CMS Case Notes in the Client Services section.

MCU will obtain information about the baby from the CPH, social worker and hospital staff, and relate such information to the prospective adoptive family’s social worker to explore a possible match. The prospective adoptive family is informed of the child’s health and development as well as the legal risks involved. When the prospective adoptive family wants to take the baby, their social worker will confirm a match with the MCU Coordinator. The MCU Coordinator will e-mail a formal matching form to the ER CSW/SCU CSW, and the adoptive family’s social worker, with the baby’s information. The CSW and the applicant’s social worker will facilitate the placement.

The prospective adoptive family may visit the baby in the hospital.  The baby should be placed with the prospective adoptive family upon release from the hospital even if the 14-day period for the birth parent to reclaim the baby has not passed.

Questions about steps to permanence or placing SSBs, should be directed to County Counsel (323)-562-6100 or the Matching Coordination Unit Manager or SCSW by contacting the MCU intake phone(626) 229-3790. 

Back to Policy

PROCEDURE

Taking a Safely Surrendered Baby (SSB) Referral Child Protection Hotline (CPH)

CPH CSW Responsibilities

1. Collect all required information from the referring party along with the following information and enter that information into CWS/CMS.

1. The name of the Parent/Guardian should not be entered into any section of CWS/CMS, including any written narratives, in the SSB “Special Projects” tab of the Referral section, or any other field.  If entered in error, any identifying information should be removed to protect the anonymity of the surrendering individual.

2. Name of Baby

• In order to uphold SSB confidentiality requirements, the name of the baby should be entered anonymously using Baby Girl or Baby Boy as the first name and the identification bracelet number as the last name. For example, if the ID bracelet is 1234, it should be entered as Baby Boy 1234 or Baby Girl 1234.

3. Baby’s DOB or approximate age, if DOB is unknown

4. Baby’s ankle bracelet ID Code

5. Date and time the baby was Safely Surrendered, if known

6. Location of where the baby was Safely Surrendered

7. Baby’s race/ethnicity

8. Baby’s gestational age, birth weight, length, and APGAR scores, if known

9. The baby’s medical condition

10. Whether there is suspicion of abuse or neglect

11. Whether the person surrendering the baby received a corresponding Safe Surrender ankle bracelet with the baby’s confidential code

12. Whether the person Safely Surrendering the baby completed the medical questionnaire

13. If an attempt has been made to reclaim the baby, the date this occurred and whether the person who attempted to reclaim the baby had lawful custody, or (if known or suspected) that it was someone attempting to reclaim the baby who was falsely representing themselves as the person with lawful custody

14. Ask the hospital staff if they initiated the filing of the VS 136, Certificate of Finding of Unknown Child

• If so, obtain the date the filing occurred.

DCFS is not to request any identifying information regarding the baby or the surrendering party from the reporting party.  If the reporting party attempts to provide this information, DCFS staff must inform the reporting party that no identifying information is required. If identifying information is inadvertently released to DCFS and ends up in the juvenile court file, the CSW is to notify County Counsel who will request that the court redact all identifying information from all court and medical reports, petitions, and any other documentation in the juvenile file.  DCFS is not to redact SSB identifying information without the court’s knowledge.

2. Create a Referral in CWS/CMS as follows:

1. Create the Referral Name using the ID bracelet number as the last name and using Baby (Boy or Girl) as the first name.

• No additional clients should be created on the referral.

2. Assign an Immediate Response time

3. Map to the Sensitive Case Unit (SCU)

4. In the Screener Alert write:  “SAFELY SURRENDERED NEWBORN”

5. Use an allegation of Caretaker Absence

6. Document all information gathered (as specified in section above) in the Screener Narrative of the Referral

7. Upon completion of the referral, assign to the appropriate CPH Caseload in-box.

8. Using the Structured Decision Making (SDM) hotline tool, select “Safely Surrendered Baby” under Step I: Preliminary Screening

9. Print the Live Call Sheet, Emergency Response Referral document, and Screener Narrative.

10. Submit the documents to the designated CPH SCSW or designee for review.

CPH SCSW Responsibilities

1. Review all referral documents.

2. If the referral was created correctly, approve and assign the referral.  If not, return the referral to the CSW for corrective action.

3. Give Primary Assignment of the referral to the Sensitive Case Unit (SCU) during business hours, and to ERCP after-hours, on weekends and holidays.

4. Contact the SCU (or ERCP when appropriate) and provide notification that the referral has been electronically assigned in the CWS/CMS In-Box.

5. Notify CPH ARAs, RA, and CPH Child Fatality/Critical Incident liaisons via e-mail that a Safely Surrendered Baby referral has been received and processed.

6. Store the referral documents in a secure file and provide a copy of the documents to the appropriate CPH Child Fatality/Critical Incident liaison.

CPH Child Fatality/Critical Incident Liaison Responsibilities

1. Review the email notification and referral to ensure that appropriate action has been taken.

2. Notify the Matching Coordination Unit (MCU) by phone (626) 229-3790 or e-mail within 24 hours of notification.

1. When referrals are received outside of business hours, the MCU is notified by phone or e-mail the next business day.

3. Complete the Special Projects page in CWS/CMS by selecting "S-Safely Surrendered Baby" as the Special Project Name.

4. When the requested information is available, fields must be completed accurately as they are data elements critical to tracking the effectiveness of the SSB law. Complete the following notification information: These fields default to “unknown.” However, when the requested information is available, fields must be entered accurately. This includes the following:

1. Whether the parent/custodian was given ankle bracelet ID information:

• If Yes, the parent/custodian was given the ankle ID bracelet information.

• If No, the parent/custodian was not given the ankle ID bracelet information.

• If Unknown indicate that it is not known if the parent/custodian was given the ankle ID bracelet information.

2. Answer the following questions about whether the parent/custodian was provided a medical questionnaire:

• If the medical questionnaire was completed and returned immediately; and the date it was returned.

• If it was completed and mailed back; and the date it was returned.

• If it was provided, but never returned.

• If the parent/custodian declined to complete the medical questionnaire.

• If it is unknown if the medical questionnaire was completed.

5. By the end of the following business day, notify those parties on the Safely Surrendered Baby Distribution list (as designated by the Director) via e-mail that a safe surrender referral has been received.

MCU Staff Responsibilities

1. Upon receipt of notification that there has been a Safe-Surrender, initiate procedures to locate a RFH that is adoption ready for the SSB.

2. Notify the MCU SCSW and Manager by email.

Back to Procedure

Taking a Safely Surrendered Baby (SSB) Referral Sensitive Case Unit (SCU)

All safely surrendered baby referrals require an immediate response.  No downgrading is permitted.

SCU CSW Responsibilities

1. Immediately contact the hospital and initiate an investigation.  If appropriate, place a Hospital Hold for the SSB. 

2. Contact the MCU and follow-up on their search for a RFH that is adoption ready that was initiated upon notification of an SSB referral by the CPH.

3. Arrange for placement as-soon-as an appropriate home becomes available.  Inform the Dually Prepared Family that the parent of a SSB has 14 days within which to contact DCFS to reclaim the child.

• If the child is placed in a Shelter Care home or a RFH not adoption ready, inform the caregiver that the placement is only temporary, pending the placement of the child in the home of a RFH that is adoption ready.

4. Respond to the referral immediately, in person, and conduct a fact-finding assessment (of non-identifying information).  Interview and obtain statements from staff members who had contact with the parent or other party who surrendered custody of the baby. 

1. If available, obtain copies of the Family Medical History Questionnaire completed by the Surrendering party. 

2. If available, request redacted medical/birth records of the baby since the time of his/her admission to the hospital. 

• If redacted records are not available, accept the medical/birth records that are provided and follow instructions regarding redaction.

5. If the hospital staff have not already initiated the filing of a VS 136, Certificate of Finding of Unknown Child, initiate the filing.

6. Confirm whether or not the person who surrendered the baby was given a matching numbered ID bracelet.

7. Contact Intake and Detention Control at (323) 881-1303 within two business hours to notify them that the SSB has been taken into custody.  Identify the case as a SSB case at the time the detention is called in.

• If a child is taken into custody late in the afternoon and Intake and Detention Control has not been called by 5:00 p.m., alert the Emergency Response Command Post immediately at (213) 639-4500.  Intake and Detention Control must also be called by 10:00 a.m. on the next workday.

8. Document the above activities in the Contact Notebook. 

1. Select “Safely Surrendered Baby” and select, “FTP Criteria Met”. 

2. On the Special Projects Page of the SSB’s Case, use the date of the referral as the Start Date.

3. On the ID Number Page of the SSB’s Client Notebook, select “Medical Record” from the ID Types and enter the baby’s hospital ID bracelet number in the ID Number Box.

9. As soon as possible, complete the SOC 880 and request that the unit designated staff person immediately e-mail the completed SOC 880 to the CDSS Child Welfare Policy and Program Development Bureau at ssb@dss.ca.gov. 

10. Open Case, conclude the allegations and close the Referral per existing procedures.

11. Develop the Initial Case Plan per existing procedures. 

12. Complete a Concurrent Plan Assessment (CPA) and initiate the Fast Track to Permanency per existing procedures. 

13. Write the Detention Report and obtain SCSW approval per existing procedures.

1. All SSB Detention Reports are to be based upon the SSB being left without any provision for support per WIC 300(g).  Include any additional substantiated allegations as appropriate.

2. All SSB Detention Reports are to recommend to the court that no Family Reunification services be offered.

SCU SCSW Responsibilities

1. Provide ongoing guidance and support to the CSW.

2. Review and approve the Case Plan, the Detention Report, and closure of the referral per existing procedures. 

Back to Procedure

Taking a Safely Surrendered Baby (SBB) Referral – Emergency Response Command Post (ERCP)

All safely surrendered baby referrals require an immediate response. No downgrading is permitted.

ERCP CSW Responsibilities

1. Immediately contact the hospital and initiate an investigation.  If appropriate, place a Hospital Hold for the SSB. 

2. Respond to the referral immediately, in person, and conduct a fact-finding assessment (of non-identifying information).  Interview and obtain statements from staff members who had contact with the parent or other party who surrendered custody of the baby. 

1. If available, obtain copies of the Family Medical History Questionnaire completed by the Surrendering party. Document in CWS/CMS the information regarding the medical questionnaire.

2. If available, request redacted medical/birth records of the baby since the time of his/her admission to the hospital. 

• If redacted records are not available, accept the medical/birth records that are provided and follow instructions regarding redaction.

3. When appropriate, place the SSB in Emergency Shelter Care home pending the outcome of the MCU search for a RFH that is adoption ready. When the RFH that is adoption ready becomes available, replace the SSB immediately. Inform the RFH that is adoption ready that the parent of a SSB has 14 days within which to contact DCFS to reclaim the child.

• If the child is placed in a Shelter Care home or a foster home, inform the caregiver that the placement is only temporary pending the placement of the child in the home of a RFH that is adoption ready.

4. If the hospital staff have not already initiated the filing of a VS 136, Certificate of Finding of Unknown Child, complete the VS 136 request form and forward it to the SCU CSW for filing.

5. Confirm whether or not the person who surrendered the baby was given a matching numbered ID bracelet.

6. Document the above activities in the Contact Notebook. 

1. Select “Safely Surrendered Baby” and select, “FTP Criteria Met”. 

2. On the Special Projects Page of the SSB’s Case, use the date of the referral as the Start Date.

3. On the ID Number Page of the SSB’s Client Notebook, select “Medical Record” from the ID Types and enter the baby’s hospital ID bracelet number in the ID Number Box.

7. As soon as possible, complete the SOC 880 and immediately request that the ERCP designated staff person e-mail the SOC 880 to the CDSS Child Welfare Policy and Program Development Bureau at ssb@dss.ca.gov

8. At the start of the next business day, contact the MCU and follow-up on their search for a RFH that is adoption ready that they initiated upon notification of an SSB referral by the CPH.  Arrange for placement as-soon-as an appropriate home becomes available.

9. Notice appropriate parties.

10. Write the Detention Report and obtain SCSW approval per existing procedures.

• All SSB Detention Reports are to be based upon the SSB being left without any provision for support per WIC 300(g).  Include any additional substantiated allegations as appropriate.

• All SSB Detention Reports are to recommend to the court that no Family Reunification services be offered.

ERCP SCSW Responsibilities

1. Provide ongoing guidance and support to the CSW.

2. Review and approve the Detention Report, the transfer of the case and closure of the referral per existing procedures. 

3. At the opening of business hours on the next business day, ensure that Intake and Detention Control (IDC) is contacted at (323) 881-1303 per existing procedures and notify them that the SSB has been taken into custody.

Back to Procedure

Reporting Temporary Custody of a Safely Surrendered Baby to the California Missing Children’s Clearinghouse Hotline

SCU/ERCP SCSW Responsibilities

1. As soon as possible, but no later than 24 hours after temporary custody is assumed, call the California Missing Children’s Clearinghouse Hotline at 1-800-222-3463 (operates 24 hrs/day - 7 days/week) and report all known identifying information concerning the baby (except personal identifying information pertaining to the parent or the individual who surrendered the baby that may have been erroneously provided to DCFS).

1. State that you are calling under the “Safe Surrender Law” and be prepared to give the following information regarding the baby:

• Name, (if given)

• Age

• Sex

• Race

• Hair and Eye Color

• Your name, Agency, and Telephone number as the Reporting Party (SCSW or ARA/SCU Manager)

Back to Procedure

Receiving a Detention Report for a Safely Surrendered Baby (SSB) – Intake and Detention Control (IDC)

• IDC must follow existing procedures for filing a petition.

Secondary Assignment for Concurrent Planning

MCU Staff Responsibilities

• Upon completion and approval of the Concurrent Plan Assessment (CPA), and data entry into the Concurrent Permanency Planning Log (CPPL) an MCU CSW will immediately begin to provide adoption related services.

Back to Procedure

Safely Surrendered Baby (SSB) is Reclaimed within the 14 Day Time Limit

CPH CSW Responsibilities

1. Obtain the parent’s identifying information, the date of birth of the baby and the name and location of the hospital where the baby was surrendered.

2. Obtain the ID Bracelet number. 

3. Complete the “CSW Information/Consultation Call” form.

4. Notify the CPH or designee in person, that a parent has contacted DCFS to reclaim a SSB.

5. Notify the SCU CSW and SCSW of the parents desire to reclaim the baby via telephone and follow-up by emailing the completed “CSW Information/Consultation Call” form to the SCU CSW and SCSW.

6. Provide the parent with the nameand telephone number of the assigned SCU CSW and SCSW.  Advise the parent to contact the SCU CSW and/or SCU SCSW immediately.

SCU CSW Responsibilities

1. Upon receipt of parent’s identifying information, initiate contact with the parent immediately. 

1. Schedule a face-to-face contact with the parent and conduct complete Structured Decision Making (SDM) Home, Safety and Risk Assessments, and include a Family History. 

2. Document in SDM on-line by the end of the next business day.

2. Verify the identity of the parent and assess the parent’s ability to care for the baby and any other children in the parent’s care.  Complete all required SDM tools.

1. The parent must present the ID bracelet issued at the Safe Surrender Site.  The numbers on both the parent and the SSB bracelets must match. 

• If the baby was surrendered by someone other than the parent or if there is reason to suspect that the person attempting to reclaim the baby is not the parent, inform the SCU SCSW and contact County Counsel for instruction on how to proceed (e.g., H.L.A. testing, etc.) 

3. Document all findings in the Contact Notebook.

4. Initiate and utilize the Child and Family Team (CFT) process.

• An ARA/SCU Manager must attend all Safe Surrender CFT Meetings and must approve any decision to return the baby to the parent.  The ARA/SCU Manager’s decision is to be documented in the Case Notes on CWS/CMS.

5. Once the Detention Report has been submitted to Intake and Detention Control (IDC), the decision to rescind the Petition must be made jointly with IDC.

6. If the outcome of the Safe Surrender CFTM is to recommend dismissal of the Petition, contact County Counsel to discuss the recommendation to dismiss the Petition. 

• Include the Safe Surrender CFTM Action Plan and the parent’s statements regarding his/her wish to care for the baby in the Jurisdictional/ Dispositional Hearing Report.

Back to Procedure

Safely Surrendered Baby (SSB) is Not Reclaimed within the 14 Day Time Limit

SCU CSW Responsibilities

1. When writing the Jurisdiction/Disposition Hearing Report, inform the court that the baby has not been reclaimed during the 14 days following the Safe Surrender using the following language:

• “The physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (e) of that section.”

SCU SCSW Responsibilities

• Review and approve the Jurisdiction/Disposition Hearing Report, verifying that the above language is used.

Back to Procedure

Proper Court Documentation and Filing

IDC CSW/SCU CSW Responsibilities

The IDC CSW is responsible for writing the petition if received after business hours. The SCU CSW is responsible for writing the Detention Report, if the detention is during business hours. The SCU CSW writes the Jurisdictional/Disposition report.

1. Document clearly on WIC 300 petitions, detention reports, and jurisdiction/disposition reports that the case is a "Safe Surrender Case."

2. In disposition recommendations for safely surrendered children, recommend that the court order no family reunification services for the (identity unknown) mother and father pursuant to WIC 361.5(b)(9) and that the court set a hearing pursuant to WIC 366.26 to be held 120 days after disposition.

3. Due Diligence’s for ID unknown parents.

• Publication is not required on ID unknown parents so long as the Due Diligence’s on the ID Unknown parents are filed with the court 75 days prior to the hearing. 

• If publication is required, request to Publish and Order to Publish should be submitted to court with the jurisdiction/disposition report.  The publication must run for four weeks and the last publication must appear in the newspaper a minimum of 30 days before the WIC 366.26 hearing date (may not include hearing date). 

• If there are any questions, consult with County Counsel.

Back to Procedure

APPROVALS

CPH SCSW

• Immediate Response Referral

SCU SCSW

• Referral Disposition

• Case Plan

• Detention Report

• Jurisdiction/Disposition Hearing Report

ERCP SCSW

• Referral Disposition

• Detention Report

County Counsel

• Petition

SCU SCSW & ARA/SCU Manager

• Return of Safely Surrendered Baby to his/her parent(s)

HELPFUL LINKS

Attachments

Documenting the Ankle Bracelet ID Information and Medical Questionnaire in CWS/CMS

Frequently Asked Questions Regarding Safe Surrender of a Baby Born in the Hospital

https://lacounty.gov/residents/family-services/child-safety/safe-surrender

Forms

LA Kids

SOC 880, Safely Surrendered Baby Report

Referenced Policy Guides

0050-502.10, Child Protection Hotline (CPH)

0050-503.85, Sensitive Referrals/Cases

0070-548.01, Child and Family Team

0070-548.10, Disposition of Allegations and Closure of Emergency Response Referrals

0070-548.20, Taking Children into Temporary Custody

0080-502.10, Case Plans

0080-507.20, Concurrent Planning and The Concurrent Planning Assessment (CPA)

0080-508.05, Fast Track to Permanency (FTP) Provisions

0200-507.10, Identifying a Prospective Adoptive Family for a Child Through the Placement and Recruitment Unit (PRU)

0200-508.10, Relinquishment Procedures and the Statement of Understanding

0300-301.05, Filing Petitions

0300-303.06, Hospital Holds

0300-303.15, Writing the Detention Report

0300-306.30, Notice of Publication for a WIC 366.26 Hearing

0300-503.10, Writing the Jurisdiction/Disposition Report

1000-504.10, Case Transfer Criteria and Procedures

1200-500.10, Vital Records (Birth, Death, Marriage and Divorce)

Statutes

All County Information Notice (ACIN) I-88-10 - Clarifies the definition of a safely surrendered baby; safe surrender intake procedures; safe surrender following hospital birth; SSB data entry into CWS/CMS; and provides updated medical questionnaire for use by safe surrender site staff to collect medical history that may be critical to the future health of a surrendered infant.

All County Information Notice (ACIN) No I-06-19 – Provides instructions for documenting information regarding the medical questionnaire and identification bracelet.

Health and Safety Code Section 1255.7  - Provides definitions related to Safe Surrender regarding authorized locations and personnel, “assistance” and “lawful custody”, as well as, the specific protocol to be followed when a baby is surrendered pursuant to Section 271.5 of the Penal Code.  Provides specific instructions for CSW’s regarding protective custody, placement and the request for return of the baby to the relinquisher.  It gives explicit instructions for ensuring anonymity of the person surrendering the infant and of the parents.

Health and Safety Code Section 1255.7(e) - States in pertinent part that: "…the county agency providing child welfare services pursuant to Section 16501 of the Welfare and Institutions Code shall immediately notify the State Department of Social Services of each child to whom this subdivision applies upon taking temporary custody of the child pursuant to Section 300 of the Welfare and Institutions Code...."

Penal Code (PC) Section 271.5(a) - States, “No parent or other individual having lawful custody of a minor baby 72 hours old or younger may be prosecuted for a violation of Section 270, 270.5, 271, or 271a if he or she voluntarily surrenders physical custody of the baby to personnel on duty at a safe-surrender site.”

PC Section 11165.13 - States that a positive toxicology screen at the time of the delivery of an infant is not, in and of itself, a sufficient basis for reporting child abuse and/or neglect.

WIC Section 294(g)(1)&(2) - Addresses proper notice.

WIC Section 300(g) - Defines abandonment.

WIC Section 309(b) - This statute is the basis for authorization of a “Hospital Hold“.

All County Information Notice I-88-10 dated 11/02/2010 - Clarifies the definition of a safely surrendered baby; safe surrender intake procedures; safe surrender following hospital birth; SSB data entry into CWS/CMS; and provides updated medical questionnaire for use by safe surrender site staff to collect medical history that may be critical to the future health of a surrendered infant.

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