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PARRIS N. GLENDENING, Governor Ch. 442
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[(d)] (E) A petition alleging a violation of this section shall be prepared and
filed by the State's Attorney.
[(c)] (F) If an adult is charged under this section, the allegations shall be
proved beyond a reasonable doubt.
5-641.
(A) (1) A PERSON WHO LEAVES AN UNHARMED NEWBORN WITH A
RESPONSIBLE ADULT WITHIN 3 DAYS AFTER THE BIRTH OF THE NEWBORN, AS
DETERMINED WITHIN A REASONABLE DEGREE OF MEDICAL CERTAINTY, AND DOES
NOT EXPRESS AN INTENT TO RETURN FOR THE NEWBORN SHALL BE IMMUNE FROM
CIVIL LIABILITY OR CRIMINAL PROSECUTION FOR THE ACT.
(2) IF THE PERSON LEAVING A NEWBORN UNDER THIS SUBSECTION IS
NOT THE MOTHER OF THE NEWBORN, THE PERSON SHALL HAVE THE APPROVAL OF
THE MOTHER TO DO SO.
(B) (1) A PERSON WITH WHOM A NEWBORN IS LEFT UNDER THE
CIRCUMSTANCES DESCRIBED IN SUBSECTION (A) OF THIS SECTION AS SOON AS
REASONABLY POSSIBLE SHALL TAKE THE NEWBORN TO A HOSPITAL OR OTHER
FACILITY DESIGNATED BY THE SECRETARY OF HUMAN RESOURCES BY
REGULATION.
(2) A HOSPITAL OR OTHER DESIGNATED FACILITY THAT ACCEPTS A
NEWBORN UNDER THIS SUBSECTION SHALL NOTIFY THE LOCAL DEPARTMENT OF
SOCIAL SERVICES WITHIN 24 HOURS AFTER ACCEPTING THE NEWBORN.
(C) A RESPONSIBLE ADULT AND A HOSPITAL OR OTHER DESIGNATED
FACILITY THAT ACCEPTS A NEWBORN UNDER THIS SECTION AND AN EMPLOYEE OR
AGENT OF THE HOSPITAL OR FACILITY SHALL BE IMMUNE FROM CIVIL LIABILITY OR
CRIMINAL PROSECUTION FOR GOOD FAITH ACTIONS TAKEN RELATED TO THE
ACCEPTANCE OF OR MEDICAL TREATMENT OR CARE OF THE NEWBORN UNLESS
INJURY TO THE NEWBORN WAS CAUSED BY GROSS NEGLIGENCE OR WILLFUL OR
WANTON MISCONDUCT.
(D) THE SECRETARY OF HUMAN RESOURCES SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
5-621.1.
(A) A HOSPITAL, LAW ENFORCEMENT AGENCY, LOCAL DEPARTMENT OF
SOCIAL SERVICES, OR FIRE OR RESCUE COMPANY OR AN EMPLOYEE OF A HOSPITAL,
LAW ENFORCEMENT AGENCY, LOCAL DEPARTMENT OF SOCIAL SERVICES, OR FIRE
OR RESCUE COMPANY ACTING IN GOOD FAITH SHALL BE IMMUNE FROM CRIMINAL
PROSECUTION FOR ANY ACTION TAKEN RELATED TO THE ABANDONMENT OF A
NEWBORN UNDER § 3-828(C) OF THIS ARTICLE OR § 10-219(C) OF THE FAMILY LAW
ARTICLE, INCLUDING CARE AND MEDICAL TREATMENT OF THE NEWBORN.
(B) (1) A HOSPITAL OR AN EMPLOYEE OF A HOSPITAL ACTING IN GOOD
FAITH SHALL BE IMMUNE FROM CIVIL LIABILITY FOR ANY ACTION TAKEN RELATED
TO THE ABANDONMENT OF A NEWBORN UNDER § 3-828(C) OF THIS ARTICLE OR §
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- 3631 -
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