Section 25-5A-34 – Emergency medical services provider defined.
25-5A-34. Emergency medical services provider defined. For the purposes of §§25-5A-27 to 25-5A-35, inclusive, an emergency medical services provider is a licensed health care facility or a clinic, any agent of a licensed health care facility or a clinic, a law enforcement officer, an emergency medical technician, or a firefighter. Source: SL 2001, ch 132, […]
Section 25-5A-35 – Parental rights termination hearing for voluntarily delivered child.
25-5A-35. Parental rights termination hearing for voluntarily delivered child. Sixty days after the emergency medical services provider or licensed child placement agency takes possession of the child a hearing shall be held in circuit court to terminate parental rights. Source: SL 2001, ch 132, §9; SL 2004, ch 2, §7.
Section 25-5A-36 – Due regard to be afforded Indian Child Welfare Act.
25-5A-36.Due regard to be afforded Indian Child Welfare Act. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S. C. §§1901-1963), as amended to January 1, 2004, if that Act is applicable. Source: SL 2004, ch 2, §8.
Section 25-5A-28 – Delivery of unharmed child not a crime.
25-5A-28. Delivery of unharmed child not a crime. It is not a crime for a parent to deliver a child to an emergency medical services provider or a licensed child placement agency if the child has not been harmed prior to being left with the emergency medical services provider or a licensed child placement agency. […]
Section 25-5A-29 – Termination of parental rights to delivered child.
25-5A-29. Termination of parental rights to delivered child. If a parent of a child relinquishes custody of the child to an emergency medical services provider or a licensed child placement agency as provided in §25-5A-27, then, after fourteen days, by operation of law: (1)All of that parent’s rights with respect to the child are terminated; […]
Section 25-5A-30 – Questions concerning child’s medical history–No parental obligation to provide information.
25-5A-30. Questions concerning child’s medical history–No parental obligation to provide information. Any emergency medical services provider or licensed child placement agency that accepts custody of a child pursuant to §25-5A-27 may ask the child’s parent for pertinent medical information relating to the child’s medical history. However, the parent leaving the child is not required to […]
Section 25-5A-31 – No liability for entity accepting custody of delivered child.
25-5A-31. No liability for entity accepting custody of delivered child. Any emergency medical services provider or licensed child placement agency that accepts physical custody of a child pursuant to §25-5A-27 is immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that custody or the […]
Section 25-5A-32 – Notification to Department of Social Services upon possession of child–Assumption of care, custody and control of child–Investigation of parent restricted.
25-5A-32. Notification to Department of Social Services upon possession of child–Assumption of care, custody and control of child–Investigation of parent restricted. The emergency medical services provider or a licensed child placement agency shall immediately notify the Department of Social Services that the provider or agency has taken possession of the child. The department or licensed […]
Section 25-5A-33 – Provisions for custody action by nonrelinquishing parent.
25-5A-33. Provisions for custody action by nonrelinquishing parent. If one parent of a child relinquishes custody of the child to an emergency medical services provider or a licensed child placement agency as provided in §25-5A-27, the other parent may file an action for custody of the child. The nonrelinquishing parent shall file such an action […]
Section 25-5A-24 – Written report of counseling–Copy to Department of Social Services.
25-5A-24. Written report of counseling–Copy to Department of Social Services. A written report of the counseling shall be submitted directly to the court, and a copy shall be mailed to the Department of Social Services. The report shall contain the following information regarding the birthparent counseled: (1)A statement signed by the birthparent that certifies that […]