Safely Surrendered Baby Law Program

Background

The Safely Surrendered Baby Law (Senate Bill 1368, Chapter 824, Statutes of 2000) (formerly known as Safe Arms for Newborns) was signed into law on September 2000 and went into effect on January 1, 2001. The purpose of the law is to allow a mother or any adult to bring an unwanted baby three days (72 hours) old or younger to a public or private hospital or other location designated by the County Board of Supervisors. The law protects the person surrendering the baby from prosecution for child abandonment.

There is a statewide toll-free hotline providing safe surrendered baby site locations throughout the state. Anyone requesting information regarding the safely surrendered baby program should be directed to contact:

Applications received under the “Safely Surrendered Baby Law” must be processed as an immediate need. This is to ensure that the infant has immediate proof of eligibility for Medi-Cal thereby ensuring immediate access to health care services and payment to medical providers.Thereafter, if the parent(s) do not change their minds, a regular application for Foster Care will be initiated by the Social Worker.

Eligibility Criteria

The following rules apply to the Safely Surrendered Baby Law Program:

  • Medi-Cal 2A is designated for this program. Aid type 2A provides full-scope, no SOC Medi-Cal to infants 72 hours old or younger, surrendered under the “Safely Surrendered Baby Law.”
  • “Mother Doe” is the designated Case Name (if no name reported).
  • “Baby Doe 43” is the designated name for the child(ren) and MEDS (if the child is not named).
  • There are NO income or resource limits.
  • Medi-Cal under 2A is NOT to exceed 3 months.
  • Cases set up under the “Safely Surrendered Baby Law” must be kept CONFIDENTIAL. (Due to the confidential nature of these cases, cases must be noted as “CAGED” and the normal cage procedures must be followed.)

Required Forms

The following forms are required for this program:

  • “Application for CalFresh, Cash Aid and/or Medi-Cal/Health Programs” (SAWS 2 Plus)
  • “Application and Statement of Facts for Child Not Living With A Parent or Relative and For Whom A Public Agency is Assuming Some Financial Responsibility” (MC 250)
  • “Safe Arms for Newborns Medical Questionnaire” (MC 356), if provided.

Forms NOT Required

The following forms are NOT required for this program:

  • “Statement of Immigration Status” (MC 13)
  • “Child Support Questionnaire” (CW 2.1)
  • “Referral to Local Child Support Agency” (CA 371)

14-Day Cooling Off Period

The Safely Surrendered Baby Law provides a 14-day cooling off period. This means that the person who surrendered the newborn can reclaim the child. The 14-day period begins on the day the child is voluntarily surrendered.

Public or Hospital Responsibility

Upon accepting a child who has been voluntarily surrendered, the hospital designated person is required to:

  • Place a coded, confidential ankle bracelet on the child and furnish the person surrendering the child with a copy of the bracelet and a “Safe Arms for Newborns Medical Questionnaire” (MC 356).
  • Notify the Department of Family and Children's Services no later than 48 hours after taking custody of the newborn.

Department of Family and Children’s Services (DFCS) Responsibility

Upon receiving notification that a newborn child has been voluntarily surrendered, DFCS’s responsibility includes the following:

  • Taking temporary custody of the child.
  • Immediately investigating the details of the case and filing a petition with the juvenile court.
  • Initiating a Foster Care and/or Medi-Cal application.

Immediate Need Processing

Infants covered under the Safely Surrendered Baby Law will be processed through the Children’s Shelter as a Paper Admit. The process is as follows

  1. Emergency Response Social Worker
    1. Completes SAWS 2Plus and Shelter Intake Sheet.
    2. Faxes SAWS 2Plus and Shelter Intake Sheet to Intake/Triage Unit at the Foster Care Eligibility Bureau.
  2. FC Clerical
    1. Completes Application Registration.
    2. From the Collect Application Information window, selects the Safe Arms for New Born Benefits checkbox in the selected group box.
    3. If the child is not named, the case name must be assigned as “Mother Doe” and child’s name as “Baby Doe 43.”
    4. Assigns to Foster Care Intake Worker for immediate processing.
  3. FC Intake EW
    1. Obtains Medi-Cal Application form MC 250 and “Safe Arms for Newborns Medical Questionnaire” (MC 356), if provided, for the Medi-Cal case file.
    2. Approves Medi-Cal under aid code 2A and issues immediate need Medi-Cal card.
    3. Document the case in the CalSAWS journal entry.
    4. Set a User to User alert in CalSAWS for discontinuance at 3 months. (Medi-Cal eligibility under aid code 2A must NOT exceed 3 months; therefore, the case is to remain with the FC Intake EW.)
    5. If Foster Care is not initiated, once the Medi-Cal case is discontinued, the FC EW will close the case and send it to retention, following the CAGE procedures.

Transition to the Foster Care Program

Once the determination is made that the child(ren) will be placed into Foster Care, the FC EW must transition the child(ren) from the “Safely Surrendered Baby Law” program to the Foster Care program. The process is as follows:

  1. FC Intake EW
    1. Closes the “Safely Surrendered Baby Law” case.
    2. Follows the CAGE procedures and send case file to Retention.
    3. Obtains SAWS 2 Plus and gives it to Intake/Triage CST.
  2. FC Clerical
    1. Receives SAWS 2 Plus and Registers Applicant for Foster Care.
  3. FC Clerical
    1. Assigns case to a FC Intake EW.
  4. FC Intake EW
    1. Approves FC benefits as appropriate, following regular intake procedures.

Related Topics

Medi-Cal