2.1.5 Safe Surrender of Infant 

25 U.S.C. 1903      Definitions (ICWA)

25 U.S.C. 1912      Pending Court Proceedings (ICWA)

25 U.S.C. 1913      Parental Rights; Voluntary Termination (ICWA)

AS 11.81.500         No Prosecution for Safe Surrender of Infant

AS 18.50.170         Foundling Registration

AS 47.10.013         Abandonment

AS 47.10.086         Reasonable Efforts

AS 47.10.990         Definitions

To provide protocol for situations where a parent safely surrenders an infant.

Federal Law:

1. Where any parent or Indian Custodian voluntarily consents to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent Jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid.

2. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.

3. The State must provide notification of court hearings to the Indian child’s Tribe.

State Law:

1. Safe Surrender of Infant:

   1. An infant's parent is considered to have surrendered the infant safely if:

      1. the parent, without expressing an intent to return for the infant, leaves the infant in the physical custody of:

   2. A person who is a person the parent reasonably believes would provide for the health and safety of the infant and who would act appropriately to care for the infant;

   3. A peace officer, community health aide, physician, or hospital employee; or

   4. A person who is employed by or is a volunteer for a fire department or emergency medical service, if the person is acting within the scope of the person's fire department or emergency medical service duties; and

      1. there is no evidence the infant has been physically injured before abandonment.

   5. A parent who surrenders an infant as described in (B)(1)(a) above:

      1. is immune from criminal prosecution for surrendering the infant, so long as the parent is not the subject of a court order affecting custody of the infant; and

      2. is not legally responsible for supporting the infant.

   6. When an infant is surrendered to a peace officer, community health aide, physician, hospital employee; or an employee or volunteer for a fire department or emergency medical service who is acting within the scope of the person's fire department or emergency medical service duties, that person is responsible for:

      1. caring for the infant;

      2. informing the parent that the parent may, but is not required to, answer any questions regarding the name, identity, and medical history of the infant and parents of the infant unless the parent chooses to contact Office of Children’s Services (OCS);

      3. asking the parent if the parent wishes to relinquish the parent's parental rights and release the infant for adoption. If the answer is affirmative, the person shall contact OCS so that the parent can discuss that option with OCS;

      4. immediately notifying the nearest OCS office that the infant has been surrendered in the manner described in (B)(1)(a) above.

   7. Surrendering an infant as described in (B)(1)(a) above constitutes abandonment.

   8. When OCS has taken emergency custody of an infant who has been abandoned as described in (B)(1)(a) above, OCS is not required to make timely, reasonable efforts to provide family support services to the infant and to the parents that are designed to enable the safe return of the infant to the family home.

   9. A record regarding the surrender of an infant as described in (B)(1)(a) above is confidential.

   10. (B)(1)(b) and (B)(1)(e) above do not apply when a child is abandoned under circumstances that differ from (B)(1)(a) above or when the abandoned child does not meet the definition of “infant.”

2. A person who assumes the custody of a living infant of unknown parentage shall within seven days report the information to the local registrar of vital statistics.