ORANGE COUNTY SOCIAL SERVICES AGENCY

CFS OPERATIONS MANUAL

Effective Date: March 9, 2004 Number: A-0409

Revision Date: August 5, 2020

Safely Surrendered Babies

____________________________________________________________________

Purpose To provide guidelines for referrals and cases involving newborn

children surrendered at designated safe surrender sites.
____________________________________________________________________

Approved This policy was approved by Anne Bloxom, Director of CFS.

Signature on file.
____________________________________________________________________

Most Recent This revision of the Policy and Procedure (P&P) provides
Revision clarification of the following:
 A positive toxicology screen does not prevent acceptance of
a safely surrendered baby
 Requirements for a newborn to qualify as a safely
surrendered baby
____________________________________________________________________

Background On January 1, 2001, California enacted the Safe Arms for Newborns
Law, currently known as the Safely Surrendered Baby (SSB) Law,
in response to the increasing number of newborn child deaths due
to abandonment in unsafe locations.

Senate Bill (SB) 1368 (2000) amended and added Health and Safety
Code (HSC) Section (§) 1255.7 and Penal Code (PC) § 271.5 to
make provisions for a safe alternative for the surrender of a newborn
child. SB 139 (2003) redefined the allowable locations of a safe-
surrender site and SB 116 (2005) made the SSB law permanent in
statute.

Under the SSB Law, a parent or individual with lawful custody can
safely surrender a child within 72 hours of birth to personnel of a
designated safe surrender site without fear of criminal prosecution
for child abandonment or neglect. This law makes it easier for a

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 parent who might otherwise abandon their baby to safely surrender
the baby for adoption.

Further, the SSB Law allows the parent(s) or surrendering person

up to 14 days to reclaim the baby.

The SSB Law does not apply to a baby who is abandoned:

 More than 72 hours after birth
 At a site other than a designated safe surrender site or public
or private hospital emergency room
____________________________________________________________________

Definitions For the purpose of this P&P, the following definitions apply.

Safely Surrendered Baby: Pursuant to All County Information

Notice (ACIN) I-88-10, refers to a newborn child who meets all of the
criteria below:

 Voluntarily surrendered by a parent or an individual with

lawful custody
 Surrendered to personnel at a designated safe surrender site
 72 hours old or younger at the time of surrender

Safe Surrender Site: Pursuant to ACIN I-63-16, refers to:

A. A location within a public or private hospital that is designated

by that hospital to be responsible for accepting physical
custody of a safely surrendered baby.

B. Locations specifically designated by the Orange County Board

of Supervisors, including:

 All Orange County hospital emergency rooms

 Orangewood Children and Family Center (OCFC)
 Orange County Fire Stations staffed 24 hours a day,
seven days a week

Personnel: An officer, employee, or worker with staff privileges

(e.g., a private physician with hospital admitting privileges, etc.) at a
designated safe surrender site.

Z-Referrals/Cases: Refers to referrals/cases that are designated

with a Sensitive or Highly Sensitive classification.

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 Non-Surrendering Parent: Refers to the birth parent (father or
mother) who was not involved in the decision to safely surrender the
child.

Surrendering Parent or Individual: Refers to the birth parent or

other individual having lawful custody of a child, 72 hours old or
younger, who safely surrendered the child.
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POLICY
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General HSC § 1255.7 outlines the following provisions and requirements for
Guidelines safe surrender:

A. Personnel at safe surrender sites accepting physical custody

of a surrendered child are not subject to civil, criminal, or
administrative liability for accepting the child in good faith belief
that the action is required or authorized by law.

Personnel at safe surrender sites accepting physical custody

of a surrendered child are mandated to:

1. Place a coded, confidential, identification bracelet on the

child.

2. Provide or make a good faith effort to provide the

surrendering parent or individual with a copy of the coded,
confidential, identification bracelet to present in the event
a request is made to reclaim the child.

3. Provide or make a good faith effort to provide and obtain

a completed Safely Surrendered Baby Medical
Questionnaire (SOC 861) from the surrendering parent or
individual. The Safely Surrendered Baby Medical
Questionnaire (SOC 861) may be declined, voluntarily
completed at the time of the surrender, or returned to the
surrender site at a later time in an envelope provided to
the surrendering parent or individual for that purpose.

4. Provide or facilitate a medical screening examination and

necessary medical care for the child.

5. Notify the county child welfare agency as soon as

possible, but no later than 48 hours after accepting
custody of the surrendered child.

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 6. Provide the county child welfare agency with information
concerning the child’s medical screening examination
and any necessary medical care provided.

7. Exclude identifying information about the surrendering

parent or individual when reporting to the child welfare
agency.

B. A parent or individual who voluntarily surrenders a child,

pursuant to HSC § 1255.7, may reclaim the child within 14 days
of the surrender. Refer to the “Request to Reclaim SSB” Policy
section for specific guidelines.

If the surrendering parent or individual returns to reclaim a child

prior to the filing of a dependency petition, the hospital or
surrender site may either return the child or contact Children
and Family Services (CFS) if abuse or neglect is suspected.

Note: The voluntary surrender of a child, pursuant to HSC §

1255.7, is not, in and of itself, a sufficient basis for reporting
child abuse or neglect.

C. Pursuant to HSC § 1255.7, the Safely Surrendered Baby

Medical Questionnaire (SOC 861) does not require, and must
not contain, identifying information about the child or the
surrendering parent or individual other than the identification
code provided on the ankle bracelet placed on the child.

Hospital As detailed in ACIN I-57-03 and ACIN I-88-10, a child born in a

Births hospital may be safely surrendered when all of the following
conditions are met:

A. The birth mother, by word or by action, indicates she does not

want to keep the newborn child.

B. The birth mother voluntarily surrenders physical custody of the

newborn.

C. The child is 72 hours old or younger and in the care of hospital

staff.

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Positive Per PC § 11165.13, a positive toxicology screen at the time of
Toxicology delivery of an infant is not in and of itself a sufficient basis for
Screen reporting child abuse or neglect and the child may be considered a
safely surrendered baby. However, if a parent comes forward to
reclaim the child within 14 days of the surrender, an assessment will
occur to determine if the child has been the victim of child abuse or
neglect. Refer to the “Request to Reclaim SSB” Policy section for
specific guidelines.

OCFC For a newborn child safely surrendered to OCFC, CFS staff will:

A. Comply with OCFC’s Safely Surrendered Babies protocol.

B. Immediately contact CAR to report the safe surrender.

C. Complete the following if a Safely Surrendered Baby Medical

Questionnaire (SOC 861) was accepted and completed by the
surrendering parent/individual:

1. Search CWS/CMS to locate the referral/case and identify

the assigned Senior Social Worker (SSW).

2. Forward the Safely Surrendered Baby Medical

Questionnaire (SOC 861) to the assigned SSW in a
sealed envelope placed within a second sealed
envelope.

The assigned SSW (or designee) will document

information contained in the Safely Surrendered Baby
Medical Questionnaire (SOC 861) in the child’s Child
Welfare Services/Case Management System
(CWS/CMS) case.

For additional information on the documentation and data entry of

health information for children in out-of-home care, refer to CFS
P&P Health and Education Passport (I-0403) and CWS/CMS Data
Entry Standards—Health and Education Passport.

Suspected If there is suspected child abuse or neglect of the SSB’s sibling(s),

Abuse of a new report will be made to the Child Abuse Registry (CAR),
SSB’s without reference to the identity of or circumstances surrounding the
Sibling(s) birth of the surrendered child.

The CAR referral regarding the SSB’s sibling(s) will not be a

companion to case (C to C) to the surrendered child. For further

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 guidance on CAR reports involving a SSB’s sibling(s) refer to “CFS
Response to SSB” policy section below.

CFS Response In response to reports of safely surrendered babies from designated

to SSB surrender sites:

A. The Child Abuse Registry (CAR) SSW will:

1. Receive reports from designated safe surrender sites

regarding safely surrendered babies.

2. Complete referral information in CWS/CMS, as outlined

in CWS/CMS Data Entry Standards—Safely Surrendered
Baby Referrals.

3. Transfer the referral to Emergency Response (ER) for

assignment.

4. Provide immediate notification of the SSB report by

completing a Special Incident Report (F063-03-48), as
outlined in the “Immediate Notifications—Safely
Surrendered Baby” Policy section.

If CAR receives a report alleging child abuse or neglect

regarding the siblings of a safely surrendered baby or other
children in the home of a safely surrendered baby, the CAR
SSW will not:

 Document or reference any information concerning the

SSB referral
 Create a new referral until there is a new report of abuse
or neglect for the siblings
 Link the referrals as Companion-To-Case (C-To-C)
reports

B. The ER SSW will:

1. Consult with the Reporting Party (RP) and obtain

information that is useful in providing for the child’s needs
and care.

2. Pursuant to ACIN 1-06-19,obtain the following

information from Safe Surrender Site personnel and
document per CWS/CMS Data Entry Standards—Safely
Surrendered Baby Referrals, if not already completed:

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  Ankle bracelet identification number
 Whether or not the surrendering parent or
individual was given and accepted the bracelet
identification number
 Whether or not the surrendering parent or
individual was offered the Safely Surrendered
Baby Medical Questionnaire (SOC 861) and if it
was accepted or declined by the parent
 Information from the Safely Surrendered Baby
Medical Questionnaire (SOC 861), if completed
 An attempt should be made to obtain a copy of the
Safely Surrendered Baby Medical Questionnaire
(SOC 861) and include it in the child’s permanent
record.

3. Place the child into protective custody by filing an

Application for Petition (F063-28-43) or initiating a
Hospital Hold (F063-25-125).

Refer to CFS P&P Abuse Investigations—Protective

Interventions (A-0414) for information on filing petitions
and placing hospital holds.

Note: In the event information concerning suspected

child abuse or neglect of other children in the home is
disclosed, the ER SSW will contact CAR to file a separate
report. The ER SSW will not provide CAR with any
information concerning the SSB referral.

All SSB information is confidential and will not be

referenced in any other report.

4. In accordance with HSC § 1255.7, report all identifying

information concerning the safely surrendered baby
(excluding any identifying information regarding the
surrendering parent or individual) to the California Missing
Children Clearinghouse (MCCH) as soon as possible,
but no later than 24 hours after taking the child into
protective custody.

Pursuant to HSC § 1255.7, child welfare agencies are

required to report identifying information concerning the
safely surrendered baby to both the California Missing
Children Clearinghouse (MCCH) and the National Crime
Information Center (NCIC). However, ACIN 1-19-12,
clarifies that although child welfare agencies are

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 mandated to report to both agencies, there is no
established process for child welfare agencies to report
directly to NCIC. Child welfare agencies are directed to
contact MCCH to report a safely surrendered baby,
pursuant to HSC § 1255.7. MCCH will cross report safely
surrendered baby information received from child welfare
agencies to the NCIC.

5. Not cross report the referral to law enforcement.

6. Ensure identifying information regarding the surrendering

parent or individual is kept confidential and not
documented in the permanent record.

For further guidelines, refer to the “Documentation” Policy

section below.

Immediate When CAR receives a report of a safely surrendered baby, the CAR
Notifications— SSW will immediately (including weekends, after hours, and
Safely holidays) provide notification of the report by completing and
Surrendered forwarding a Special Incident Report (F063-03-48) by email to the
Baby following:

A. CAR Program Manager (PM) or PM designee.

B. All CAR Senior Social Services Supervisors (SSSSs).

C. RFA Inbox.

D. RFA Long Term Placement OD.

E. Designated Data Analysis and Reporting Team (DART) Staff

Specialist.

Upon receipt and review, the CAR PM or PM designee will

immediately (including weekends, after hours, and holidays)
forward the Special Incident Report (F063-03-48) by email to:

 CFS Deputy Director of Intervention and Prevention Services

 CFS Director
 SSA Chief Deputy Director
 SSA Director

Note: In the event a report is not originally received as a safely

surrendered baby (e.g., birth parent initially seeks to place the child
for adoption, etc.), however, the child is subsequently safely

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 surrendered, the CFS staff member bringing the child into protective
custody will be responsible for completing the Special Incident
Report (F063-03-48) and for immediately providing notification as
outlined above.

California Pursuant to ACIN I-19-12, upon receipt of the Special Incident

Department of Report (F063-03-48), the designated DART Staff Specialist will
Social immediately report safely surrendered baby information to CDSS
Services by:
(CDSS)
Notification A. Completing the Safely Surrendered Baby Report to the
California Department of Social Services (SOC 880).

B. Saving the SOC 880 as a Portable Document Format (PDF)

file and sending via SECURE (i.e., encrypted) email to
ssb@[Link].

The designated DART Staff Specialist will document in the CFS

Safely Surrendered Baby Report, the date the SOC 880 was sent to
CDSS.

For additional information on encrypting and sending email outside

of the SSA network, refer to CFS P&P Confidentiality—CFS Client
Records (F-0105).

CFS Search Pursuant to WIC §§ 294 and 361.5, the CFS Search Unit will
Requirements complete a search and prepare a declaration of due diligence
regarding search efforts for the unknown mother and father for all
SSB cases.

All identifying information regarding the parents, other than

“unknown mother” and “unknown father,” will be redacted from
search documentation and the declaration of due diligence to
maintain anonymity.

For additional information on completing an absent parent search

and declaration of due diligence, refer to CFS P&P Absent Parent
Search (G-0801).

Naming CFS staff will name the safely surrendered baby according to
Children procedures for naming foundlings (i.e., Baby Boy Doe or Baby Girl
Doe).

For further information on obtaining birth certificates, amending birth

certificates, or registering births, refer to CFS P&P Birth
Certificate—Foster Child (D-0401).

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Z Status CFS staff will determine, in consultation with supervisory staff, if a
SSB referral or case requires Z status. In accordance with All
County Letter (ACL) 17-23, designating a referral or case as
Sensitive or Highly Sensitive should be limited.

Refer to CFS P&P Sensitive/Highly Sensitive Referrals and Cases

(F-0107) for further guidelines on identifying, processing, handling,
and maintaining Sensitive and Highly Sensitive referrals/cases.

Sealing of In accordance with ACL 17-23, CFS staff will not seal SSB referrals
Records and cases in CWS/CMS, unless directed to do so by court order and
upon consultation with County Counsel. Refer to CFS P&P Case
Sealing (E-0109) for further guidelines on sealing of dependency
court cases pursuant to a court order.

Filing The Safely Surrendered Baby Medical Questionnaire (SOC 861) will
be filed on the Medical Acco (F063-25-1115). Refer to CFS P&P
Referral and Case Filing (E-0102) for further guidelines on filing
child welfare documents associated with a referral or case.

Request to Pursuant to HSC § 1255.7, A parent or individual who voluntarily

Reclaim SSB surrenders a child may reclaim the child within 14 days of the
surrender.
CFS staff will respond as follows, if a request is received to reclaim
a safely surrendered baby.

A. Initial Action:
Per CFS policy, if a parent or other individual contacts CFS at
any time after the safe surrender of a child and requests to
reclaim the child, CFS staff will respond immediately or as
soon as possible to the request.

CFS staff will obtain the following information from the parent
or individual, if available:

 Parent’s or individual’s name and contact information

(telephone number and alternate number)
 Child’s bracelet identification number
 Child’s date of birth
 Name and location of Safe Surrender Site where the
child was surrendered
 Date child was surrendered

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 CFS staff will inform the parent or individual that he/she will be
contacted by a SSSS as soon as possible at the telephone
number(s) provided.

CFS staff will immediately notify, by telephone, the assigned

SSW’s SSSS of the date and time the parent or individual
contacted CFS and provide all information gathered.

Note: If the call is received after business hours, on

weekends, or on holidays, CFS staff will contact the ER On-
Call SSSS and provide the above information.

To ensure timely follow-up to the request to reclaim the child,

the SSSS receiving the notification will immediately:

1. Contact the parent or individual by telephone to inform

that the assigned SSW or designee will contact him or her
as soon as possible.

Note: If the initial attempt is unsuccessful, make diligent,

subsequent attempts to contact the parent or individual.

2. Notify the assigned SSW, SSSS (if On-Call SSSS initially

received the information) and PM of the request, by
telephone.

3. Complete a Special Incident Report (F063-03-48 ) to

include the following:

a. Date and time the parent or individual contacted

CFS.

b. Date and time the SSSS made contact with the

parent or individual.

c. As applicable, unsuccessful attempts to contact the

parent or individual.

d. Follow-up actions completed.

4. Forward the completed Special Incident Report (F063-03-

48) by email, to CFS staff outlined in “Immediate
Notifications—Reclaim Requests” Policy section.

B. Reclaim Request from Surrendering Parent or Individual:

The assigned SSW will complete the following if, subsequent

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 to the filing of a dependency petition and within the 14-day
period, a surrendering parent or individual comes forward to
reclaim the safely surrendered baby.

1. Verify the identity of the parent or individual. Request a

copy of the identification bracelet provided at time of
surrender.

Note: Per HSC § 1255.7, possession of the ankle

bracelet identification, in and of itself, does not establish
parentage or a right to custody of the child.

2. Conduct an assessment of the parent’s or individual’s

circumstances, safety issues, and ability to parent.
Consider obtaining criminal history information through
the California Law Enforcement Telecommunications
System (CLETS). Refer to CFS P&P CLETS (B-0116) for
additional information on requesting and obtaining a
criminal clearance for investigation purposes through
CLETS.

3. Consult County Counsel regarding the request to reclaim

the child and response decisions.

4. If the child is not determined to be at risk of abuse or

neglect as described in WIC § 300, request that the
Juvenile Court dismiss the dependency petition and order
the release of the child.

5. Contact the RFA Long Term Placement OD as soon as

possible to:

 Coordinate the child’s release, if applicable

 Consider arranging a meeting between the parent,
caregiver, and the SSW to facilitate the child’s
transition

6. Inform the DART PM of the outcome of the reclaim

request. Include:

 Name of the parent or individual requesting to

reclaim the child
 Relationship to the child
 Date parent or individual initially contacted SSA to
reclaim the child
 If the reclaim request was successful

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 C. Custody Request from Non-Surrendering Parent:
The provisions outlined in HSC § 1255.7 to reclaim a child
within 14 days of voluntarily surrendering the child do not
apply to a non-surrendering parent.

The non-surrendering parent may request that the Court make

a judgment of parentage. Pursuant to California Rules of
Court, Rule 5.635, the Court has a duty to inquire and
determine parentage of each child who is the subject of a
petition filed under WIC § 300.

In accordance with ACIN 1-63-16, when a non-surrendering

alleged father or alleged mother comes forward and requests
custody of a safely surrendered baby, the assigned SSW will
promptly notify the Court and the child’s counsel of the parent’s
request.

D. Documentation:

1. DART: The DART Staff Specialist will complete the

“Reclaim Information” section of the Special Project tab if
the request to reclaim the safely surrendered baby is
successful.

Refer to CWS/CMS Data Entry Standards—Safely

Surrendered Baby Referrals for further guidelines.

2. CFS Staff: CFS staff will omit and redact information

regarding the surrendering parent or individual from
CWS/CMS and from all documentation associated with
the child’s permanent record, unless and until:

 The surrendering parent or individual returns to

claim physical custody of the child within 14 days,
pursuant to H&S Code §1255.7
–And–
 The reclaim is successful

Immediate Per CFS policy, the SSSS receiving notification of a surrendering

Notifications— parent’s or individual’s request to reclaim the child will provide
Reclaim immediate notifications to the following CFS staff by forwarding the
Requests Special Incident Report (F063-03-48) to the following:

 PM or designee of the assigned SSSS

 On-call PM

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  Assigned SSW
 Designated DART Staff Specialist
 RFA Inbox

The PM receiving the notification will forward the Special Incident

Report (F063-03-48) upon receipt and review, to the following:

 All CFS Deputy Directors

 Public Information Officer
 RFA PMs, ER PMs, OCFC PM, CAR PM, Specialized Family
Services (SFS) PM, and Court Services PM

Relative Pursuant to WIC § 361.3, if a child is removed from the physical

Placement custody of his/her parents, preferential consideration for placement
Request will be given to a request by the child’s relative.

In accordance with ACIN I-63-16, if an alleged relative comes

forward requesting placement of a safely surrendered baby, the
assigned SSW will inform the Court, as soon as possible, via Ex
Parte or court report prepared for the next scheduled hearing. The
assigned SSW may also encourage the alleged relative to inform
the Court of his or her request.

Note: The Court makes determinations regarding relationships and

appropriateness of placing with relatives.

The assigned SSW will maintain confidentiality regarding the SSB’s

case file records when corresponding with the alleged relative and
will not disclose information regarding the safely surrendered baby
(e.g., child’s identification bracelet number, gender of the child, site
where child was surrendered, etc.).

Request to Per ACIN 1-63-16, if the surrendering parent or individual returns

Reclaim SSB to claim the child after the 14-day reclaiming period has ended, he
After 14 Days or she may seek to file a petition, pursuant to WIC § 388, to gain
custody of the child upon grounds of new evidence or change of
circumstance.
__________________________________________________________________

REFERENCES
____________________________________________________________________

Attachments Hyperlinks are provided below to access attachments to this P&P

and CWS/CMS and any CWS/CMS Data Entry Standards that are referenced.

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 Data Entry  CWS/CMS Data Entry Standard—Health and Education
Standards Passport
 CWS/CMS Data Entry Standard—Non-Foster Care
Placement of Safely Surrendered Baby
 CWS/CMS Data Entry Standards—Safely Surrendered Baby
Referrals
____________________________________________________________________

Hyperlinks Users accessing this document by computer may create a direct

connection to the following references by clicking on the link
provided.

 California Department of Social Services, Safely

Surrendered Baby Homepage
 California Missing Children Clearinghouse
 CFS P&P Absent Parent Search (G-0801)
 CFS P&P Abuse Investigations—Protective Interventions (A-
0414)
 CFS P&P Birth Certificate-Foster Child (D-0401)
 CFS P&P Case Filing (E-0102)
 CFS P&P CLETS (B-0116)
 CFS P&P Confidentiality—CFS Client Records (F-0105)
 CFS P&P Health and Education Passport (I-0403)
 CFS P&P Sensitive/Highly Sensitive Referrals and Cases
(F-0107)
____________________________________________________________________

Other Sources Other printed references include the following:

None.
____________________________________________________________________

FORMS
____________________________________________________________________

Online Forms Forms listed below may be printed out and completed, or
completed online, and may be accessed by clicking on the link
provided.

Form Name Form Number

Safely Surrendered Baby Medical SOC 861
Questionnaire
Safely Surrendered Baby Medical SOC 861 (SP)
Questionnaire (Spanish)
Safely Surrendered Baby Medical SOC 861 (CH)
Questionnaire (Chinese)

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 Safely Surrendered Baby Medical SOC 861 (RS)
Questionnaire (Russian)
Safely Surrendered Baby Report to the SOC 880
California Department of Social Services
Special Incident Report F063-03-48
____________________________________________________________________

Hard Copy Forms that may be completed in hard copy (including multi-copy
Forms NCR forms) are listed below. For reference purposes only, links
are provided to view these hard copy forms, where available.

Form Name Form Number

Hospital Hold F063-25-125
Application for Petition F063-28-43
____________________________________________________________________

CWS/CMS Forms that may only be obtained in CWS/CMS are listed below.
Forms For reference purposes only, links are provided to view these
CWS/CMS forms, where available.

Form Name Form Number

Health and Education Passport OHCHEP REV
____________________________________________________________________

Brochures Brochures to distribute in conjunction with this policy may include:

Brochure Name Brochure Number

There is an Option. Don’t Abandon Your PUB 400A
Baby (available in English, Spanish,
Chinese, and Russian) (issued by CDSS)
____________________________________________________________________

LEGAL MANDATES
____________________________________________________________________

Health and Safety Code Section (§) 1255.7:

 Defines safe surrender site; outlines requirements and responsibilities of safe
surrender personnel
 Establishes confidentiality of a parent or individual who surrenders a minor
child 72 hours old or younger
 Outlines responsibilities of child welfare services personnel investigating the
circumstances of a safely surrendered minor child 72 hours old or younger and
mandates notification to the California Missing Children Clearinghouse and to
the National Crime Information Center
 Outlines responsibilities of safe surrender personnel and child welfare services
personnel when a parent or individual who has voluntarily surrendered a minor

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 child 72 hours old or younger returns within 14 days of the voluntary surrender
to claim physical custody of the child
 Provides immunity from liability for a safe surrender site or personnel of a safe
surrender site that accepts custody of a surrendered child pursuant to this
section
 Provides immunity from liability for a person who in good faith and without
financial compensation provides assistance for the purpose of affecting a safe
surrender
 Defines “assistance” and “lawful custody”

Welfare and Institutions Code (WIC) § 291 outlines requirements for notification of
hearings after the initial petition hearing.

WIC § 294 outlines requirements for notification for hearings held pursuant to WIC §
366.26.

WIC § 366.26 stipulates due diligence requirements in attempting to identify an

unknown parent in preparation for a WIC § 366.26 Selection and Implementation
hearing.

WIC § 388 states any parent or other person having an interest in a child who is a
dependent child of the juvenile court may, upon grounds of change of circumstance
or new evidence, petition the court for a hearing to change, modify, or set aside any
order of court previously made or to terminate the jurisdiction of the court.

WIC § 300 includes an unclaimed safely surrendered child as a child within the
jurisdiction of the Juvenile Court who may be adjudged as a dependent child.

WIC § 361.3 mandates a relative’s request for placement of a dependent child is to

be given preferential consideration and provides guidance for determining whether
placement with a relative is appropriate.

WIC § 361.5 exempts the provision of reunification services to a parent or guardian

when the court finds, by clear and convincing evidence, that the parent or other
person having custody of the child, voluntarily surrendered physical custody of the
child pursuant to HSC § 1255.7.

Penal Code (PC) § 271.5 exempts a parent or other individual having lawful custody
of a minor child 72 hours old or younger who surrenders the child to on duty
personnel at designated safe surrender sites from criminal prosecution for
abandonment, desertion, and failure to provide.

PC § 11165.13 stipulates that a positive toxicology screen at the time of the delivery
of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect;
requires that any indication of maternal substance abuse will lead to an assessment
of the needs of the mother and child; stipulates that if other factors are present that

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 indicate risk to the child a child abuse report will be made to the county child welfare
department.

All County Letter (ACL) 02-01 outlines provisions of the “Safe Arms for Newborns”
Law enacted through Senate Bill 1368 (2000).

ACL 17-23 outlines the appropriate use of the sealed case/referral command and
sensitive case/referral command in CWS/CMS.

All County Information Notice (ACIN) I-57-03 provides clarification for safe surrender
of a child born in a hospital and whose birth parent subsequently decides to
surrender the child.

ACIN I-88-10 clarifies the definition of “safely surrendered baby”, provides guidelines
for safe surrender intake, Safely Surrendered Baby (SSB) data entry into CWS/CMS,
and completion of revised Safely Surrendered Baby Medical Questionnaire (SOC)
861.

ACIN 1-19-12 clarifies a county’s responsibilities for reporting a safely surrendered

baby to the California Department of Social Services (CDSS), the California Missing
Children Clearinghouse (CMCC) and the National Crime Information Center (NCIC).

ACIN 1-63-16 provides guidelines for safe surrender sites, responding to a safely
surrendered baby born drug exposed, a relative’s request for placement of a safely
surrendered baby, and a non-surrendering parent’s request for custody of a safely
surrendered baby.

ACIN 1-06-19 clarifies the expectation for the social worker to document whether the
medical questionnaire was offered to, accepted or declined by the surrendering
parent, in CWS/CMS. The answers in the medical questionnaire should be input in
CWS/CMS and an attempt made to obtain a copy of the questionnaire to include it in
the child’s permanent record.
____________________________________________________________________

REVISION HISTORY
____________________________________________________________________

Since the Effective Date of this P&P, and prior to the Current Revision Date, the
following revisions were published:

March 10, 2005

August 24, 2005
July 21, 2006
January 18, 2011
March 17, 2011
September 28, 2012

A-0409 Safely Surrendered Babies Page 18 of 19

 May 21, 2015
November 6, 2017
June 14, 2019

A-0409 Safely Surrendered Babies Page 19 of 19