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CHILD AND FAMILY SERVICES AGENCY
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Child and Family Services Agency (CFSA), pursuant to section 108 of the Newborn Safe Haven Amendment Act of 2010 (Act), effective May 27, 2010 (D.C. Law 18-158; D.C. Official Code § 4-1451.01, et seq.), and Mayor’s Order 2009-146, dated September 1, 2009, hereby gives notice of the adoption, on an emergency basis, of the following new Chapter 83 of Title 29 of the District of Columbia Municipal Regulations (DCMR). This new chapter, entitled, “Safe Haven for Newborns”, establishes the rules and procedures through which parents may surrender their newborns to authorized receiving facilities under the Act. Emergency action is based upon an immediate need in the District of Columbia to implement the Act to ensure the safety and protection of newborns whose parents wish to relinquish their parental rights. The emergency rules were adopted and became effective on September 7, 2010. They will remain in effect for one hundred twenty (120) days unless superseded by another rulemaking notice.
A previous Notice of Emergency and Proposed Rulemaking was published in the D.C. Register at 57 DCR 5967 on July 9, 2010. In response to comments received, the rules have been revised. Because some of the revisions represent substantive alterations, CFSA is republishing the emergency and proposed rulemaking for a second round of notice and comment.
The Director also gives notice of his intent to take final rulemaking action to adopt these rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register, and following the forty-five (45) day period of review required under section 108 of the Act. Pursuant to that section, the proposed rules will be submitted to the Council and will become effective upon the Council’s approval of the rules by resolution or the expiration of the Council’s forty-five (45) day review period, whichever occurs first, and publication of a Notice of Final Rulemaking in the D.C. Register.
Title 29 DCMR is amended by adding the following new Chapter 83:
CHAPTER 83 SAFE HAVEN FOR NEWBORNS
8300 PURPOSE
8301 ANONYMITY OF PARENT
8302 ACTIONS TAKEN BY AUTHORIZED RECEIVING FACILITY
8303 HOSPITAL INTAKE PROCEDURES FOR A SURRENDERED NEWBORN
8304 ACTION TAKEN BY CFSA UPON NOTIFICATION OF A SURRENDERED SAFE HAVEN NEWBORN
8305 RELINQUISHMENT OF PARENTAL RIGHTS
8306 INFANTS WHO ARE NOT ELIGIBLE FOR SURRENDER UNDER THE NEWBORN SAFE HAVEN ACT
8307 IMMUNITY FROM LIABILITY
8308 SIGNAGE
8399 DEFINITIONS
8300 PURPOSE
8300.1 The purpose of this chapter is to provide for the health, safety, and welfare of newborns by providing a safe place for them to be surrendered by a parent who is a resident of the District of Columbia.
8301 ANONYMITY OF PARENT
8301.1 A parent who surrenders a newborn eligible for surrender under the Act at an authorized receiving facility has the right to remain anonymous and shall not be required to disclose his or her name or address.
8302 ACTIONS TAKEN BY AUTHORIZED RECEIVING FACILITY
8302.1 When a newborn is surrendered to an authorized receiving facility, the facility shall make reasonable efforts to obtain family and medical history from the surrendering parent. This information shall include personal information about the newborn and the surrendering parent, the identities and addresses of both parents, and information about the date, location and circumstances of the newborn’s birth.
8302.2 The authorized receiving facility shall make reasonable efforts to obtain an acknowledgment from the surrendering parent that the surrendering parent is a District of Columbia resident and shall advise the surrendering parent that District residence is necessary for the newborn to be eligible for surrender under the Act.
8302.3 The surrendering parent of a newborn eligible for surrender under the Act has the right to remain anonymous and to leave the authorized receiving facility at any time. This parent shall not be pursued by any person at the time of surrender.
8302.4 The authorized receiving facility shall make a reasonable effort to provide information on adoption and counseling services to the surrendering parent.
8302.5 The authorized receiving facility receiving a newborn shall notify the Child and Family Services Agency (CFSA) that a newborn has been surrendered within one (1) hour after the surrender. If the authorized receiving facility is unable to contact CFSA within one (1) hour of the surrender because of circumstances beyond its control, it shall contact CFSA as soon as possible.
8302.6 The authorized receiving facility shall complete an authorized receiving facility report relating to the surrender as accurately and completely as possible. At a minimum, the authorized receiving facility report shall be signed and dated and provide the following information:
(a) The name of the employee receiving the surrendered newborn;
(b) The name of the authorized receiving facility;
(c) The date of the surrender;
(d) The time of the surrender;
(e) Family and medical information obtained, if any;
(f) Whether the surrendering parent acknowledged that he or she is a resident of the District of Columbia;
(g) The circumstances of the surrender;
(h) The reason why a physician or the person receiving the newborn reasonably believes that the newborn is fourteen (14) days old or younger;
(i) Whether the parent was provided with information on adoption and counseling; and
(j) The reason, if any, as to why information on adoption and counseling was not provided to the parent.
8302.7 If a newborn appears to have been abused or neglected or if the newborn is not eligible for surrender under the Act, the authorized receiving facility shall follow normal procedures for reporting abuse or neglect.
8302.8 If a parent returns to the authorized receiving facility requesting return of the newborn, personnel shall advise the parent to contact CFSA’s Post Permanency Unit.
8303 HOSPITAL INTAKE PROCEDURES FOR A SURRENDERED NEWBORN
8303.1 When a newborn is surrendered to a hospital or transported to another hospital after being surrendered, each hospital shall treat and provide care for the newborn while the newborn is in its custody.
8303.2 The hospital where the newborn was surrendered shall:
(a) Provide CFSA with a copy of the authorized receiving facility report on or before CFSA assumes physical custody of the newborn; and
(b) Contact the CFSA Post Permanency Unit within one (1) hour after receiving the newborn.
8303.3 CFSA shall not assume physical custody of the newborn until it receives the authorized receiving facility report.
8304 ACTION TAKEN BY CFSA UPON NOTIFICATION OF A SAFE HAVEN NEWBORN
8304.1 Upon CFSA’s receipt of the authorized receiving facility report, CFSA shall accept immediate care, custody, and control of the surrendered newborn from the authorized receiving facility, or the hospital where the newborn was transferred by the authorized receiving facility, as soon as possible, but no later than twenty-three (23) hours after the surrender.
8304.2 CFSA shall transport the surrendered newborn from the hospital to CFSA.
8304.3 CFSA shall place the surrendered newborn in a pre-adoptive home that is the first and best placement.
8304.4 Within ninety (90) days after surrender, CFSA shall attempt to identify, locate, and notify the non-surrendering parent by:
(a) Requesting that the Metropolitan Police Department conduct a missing child search; and
(b) Publishing a notice of surrender in at least one (1) newspaper that serves the District of Columbia metropolitan area at least once a week for three (3) successive weeks.
8304.5 The notices of surrender shall be published no earlier than thirty (30) days after surrender but no later than ninety (90) days after surrender.
8304.6 The notices of surrender shall include:
(a) The place, date, and time of the surrender;
(b) The sex, race, approximate age, and any identifying marks of the surrendered newborn;
(c) Any other identifying information that CFSA has about the newborn and any additional information that CFSA considers necessary or useful; and
(d) A statement that the non-surrendering parent’s failure to notify CFSA, or other contact person set forth in the notice, of his or her intent to exercise his or her parental rights and responsibilities within twenty (20) days after publication of the notice shall be deemed to be the non-surrendering parent’s irrevocable consent to the termination of all parental rights and his or her irrevocable waiver of any right to notice of, or opportunity to participate in, any termination of parental rights proceedings involving the surrendered newborn.
8305 RELINQUISHMENT OF PARENTAL RIGHTS
8305.1 Surrender of a newborn pursuant to the Act shall constitute a relinquishment of the parental rights of the surrendering parent.
8306 INFANTS WHO ARE NOT ELIGIBLE FOR SURRENDER UNDER THE NEWBORN SAFE HAVEN ACT
8306.1 An infant is not eligible for surrender under the Act if the infant:
(a) Is reasonably believed by a licensed physician or other person authorized to accept the surrender to be older than fourteen (14) days;
(b) Appears to be abused or neglected;
(c) Is surrendered by a person other than one of his or her parents;
(d) Is surrendered by a parent who is not a District of Columbia resident; or
(e) Is not left with personnel of a receiving facility during the receiving facility’s hours of operation.
8306.2 If the infant is not eligible for surrender under the Act, the authorized receiving facility or other facility at which the newborn is left shall file a report of abuse or neglect with CFSA.
8306.3 If the infant is not eligible for surrender under the Act, the authorized receiving facility or other facility at which the newborn is left shall share with the Metropolitan Police Department and CFSA any identifying information it has about the person who brought the infant to the facility.
8307 IMMUNITY FROM LIABILITY
8307.1 An authorized receiving facility and its staff shall be immune from civil or criminal liability for the good faith performance of their responsibilities under the Act and this chapter.
8308 SIGNAGE
8308.1 CFSA shall post a sign in a conspicuous place on the exterior of each authorized receiving facility in the District. The sign shall state in plain terms that a newborn may be surrendered at the facility and shall provide information about how a person can determine whether a particular newborn has been surrendered.
8399 DEFINITIONS
8399.1 When used in this chapter, the following terms shall have the meanings ascribed:
Act - the Newborn Safe Haven Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-158; D.C. Official Code § 4-1451.01, et seq.).
Authorized receiving facility - a hospital located in the District of Columbia.
CFSA - the Child and Family Services Agency of the District of Columbia.
Newborn - an infant that a licensed physician or other person authorized to accept the surrender reasonably believes is fourteen (14) days old or less.
Surrender - to bring a newborn to an authorized receiving facility during its hours of operation and to leave the newborn with personnel of the authorized receiving facility.
Copies of this proposed rulemaking may be obtained by contacting Lionel Simms, General Counsel, Child and Family Services Agency, 400 6th Street, S.W., Washington, DC 20024 or at dcregs.dc.gov. All persons desiring to comment on the proposed rulemaking must submit their written comments no later than thirty (30) days after the date of publication of this notice in the D.C. Register.
