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Ch. 441
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2002 LAWS OF MARYLAND
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Article—Family Law
SUBTITLE 7B. SAFE HAVENS FOR NEWBORNS.
5-7B-01.
(A) (1) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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(2) "LOCAL DEPARTMENT" MEANS THE DEPARTMENT OF SOCIAL
SERVICES THAT HAS JURISDICTION IN THE COUNTY WHERE A NEWBORN IS
RELINQUISHED.
(3) "NEWBORN" MEANS A CHILD THAT A PHYSICIAN REASONABLY
BELIEVES TO BE APPROXIMATELY 3 DAYS OLD OR YOUNGER
(B) IF AN UNHARMED NEWBORN IS VOLUNTARILY DELIVERED TO THE CARE
OF AN INDIVIDUAL AT A SAFE LOCATION IN A HOSPITAL BY A PARENT OF THE
NEWBORN AND THE PARENT DOES NOT EXPRESS AN INTENT TO RETURN FOR THE
NEWBORN, THE ACT SHALL BE CONSIDERED RELINQUISHMENT OF A NEWBORN.
(C) (1) A PARENT WHO RELINQUISHES AN UNHARMED NEWBORN IN
ACCORDANCE WITH THIS SECTION SHALL BE IMMUNE FROM CIVIL LIABILITY OR
CRIMINAL PROSECUTION FOR THE ACT.
(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, THE
RELINQUISHMENT OF A NEWBORN MAY BE GROUNDS FOR TERMINATION OF
PARENTAL RIGHTS UNDER § 5-313 OF THIS TITLE.
(3) EXCEPT WHERE THERE IS ACTUAL OR SUSPECTED CHILD ABUSE, A
PARENT WHO RELINQUISHES A NEWBORN AT A HOSPITAL AND EXPRESSES AN
INTENT TO LEAVE THE NEWBORN AND NOT RETURN HAS THE ABSOLUTE RIGHT TO
REMAIN ANONYMOUS AND TO LEAVE AT ANY TIME AND MAY NOT BE PURSUED OR
FOLLOWED.
5-7B-03.
(A) A HOSPITAL THAT ACCEPTS A NEWBORN UNDER § 5-7B-01 OF THIS
SUBTITLE SHALL:
(1) PROVIDE THE NEWBORN WITH ANY NECESSARY CARE, INCLUDING
EMERGENCY MEDICAL CARE, TO PROTECT THE PHYSICAL HEALTH OR SAFETY OF
THE NEWBORN; AND
(2) NOTIFY THE LOCAL DEPARTMENT WITHIN 24 HOURS AFTER
ACCEPTING THE NEWBORN.
(B) AFTER NOTIFICATION UNDER SUBSECTION (A)(2) OF THIS SECTION, THE
LOCAL DEPARTMENT SHALL:
(1) TAKE CUSTODY AND CONTROL OF THE RELINQUISHED NEWBORN
WITHIN 24 HOURS; AND
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- 3626 -
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