2005-023RESOLUTION NO. 2005 - 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REQUESTING THE ORANGE COUNTY BOARD OF
SUPERVISORS TO DESIGNATE ALL MUNICIPAL FIRE
STATIONS WITHIN THE CITY OF ANAHEIM AS "SAFE
SURRENDER SITES" FOR NEWBORNS
WHEREAS, California Health and Safety Code Section 1255.7, known as the "Safe
Haven Law," was enacted in 2000 in response to widespread reports of babies being abandoned in
trash bins and restrooms, and on the highways, and being discovered dead or in life-threatening
medical and physical conditions; and
WHEREAS, the "Safe Haven Law" encourages persons with custody of unwanted
newborn children to anonymously surrender the newborn so that it may receive immediate medical
attention; and
WHEREAS, according to the California Department of Social Services, in the first
two years that the "Safe Haven Law" was in effect, 20 babies were safely surrendered, but 88 babies
were still illegally abandoned, 20 of whom died; and
WHEREAS, the "Safe Haven Law" provides that (a) a parent or person having lawful
custody of a child 72 hours old or younger, who delivers the child to a designated "Safe-Surrender
Site," would be immune from criminal prosecution, (b) a person accepting custody of a newborn at
a "Safe-Surrender Site" must notify the County /Child Protective Services Agency within 48 hours,
and (c) the person surrendering a newborn is permitted to anonymously provide medical information
to the person accepting custody; and
WHEREAS, the "Safe Haven Law" defines a "Safe-Surrender Site" as a location
"designated by the board of supervisors of a county" to be responsible for accepting physical custody
of a newborn; and
WHEREAS, the "Safe Haven Law" provides immunity for the safe surrender site and
the personnel of the safe surrender site from civil, criminal, and administrative liability for accepting
the child and caring for the child in the good faith belief that action is required or authorized by the
Health and Safety Code, including, but not limited to, instances where the child is older than 72
hours or the parent or individual surrendering the child did not have lawful physical custody of the
child. Immunity is not conferred under Health and Safety Code section 1255.7 for personal injury
or wrongful death, including, but not limited to, injury resulting from medical malpractice; and
WHEREAS, the City Council of the City of Anaheim strongly supports the "Safe-
Surrender Site" program and desires that all City of Anaheim fire stations be designated as "Safe-
Surrender Sites."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that
the City Council hereby requests that the Orange County Board of Supervisors designate all fire
stations within the City of Anaheim as "Safe-Surrender Sites" pursuant to California Health and
Safety Code Section 1255.7.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 1 Gr day of ?/,ar~h , 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
C Y CLERK O THE CITY OF ANAHEIM
57114.1
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