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DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 1/18/05
ITEM NO. V
COUNCIL AGENDA REPORT
DECEMBER 23, 2004
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
SAFELY SURRENDERED BABY LAW
RECOMMENDATION:
Adopt resolution approving all Santa Clara County Fire Department stations (specifically three Los
Gatos stations) as California Safe Surrender sites and the creation of a County-wide Task Force of
stakeholders to develop a program of funding, training, and implementation for this program.
BACKGROUND:
The Safely Surrendered Baby Law (also known as the Safe Haven or Newborn Abandonment
Law) went into effect January 1, 2001 and authorizes the Santa Clara County Board of
Supervisors to designate locations where newborns (less than 72 hours) may be confidentially
surrendered, by a parent or guardian having lawful custody of the infant, without fear of criminal
prosecution. These "Safe Havens" are a part of a State effort to end tragic consequences of infant
abandonment. According to Santa Clara County Department of Health Services there were 4
abandoned infants documented in Santa Clara County in 2003/2004. The actual number of infant
abandonment is unknown.
DISCUSSION:
Until now, Santa Clara County protocol only allowed for Safe Surrender at hospital emergency
departments. However, in light of recent tragedies involving abandoned infants, the Santa Clara
County Board of Supervisors passed a resolution on August 3, 2004, which approves all Santa
Clara County Fire Department stations as California Safe Surrender sites and creates a County-
wide Task Force of stakeholders to develop a program of funding, training, and implementation
to include all Fire Stations in the County, as adopted by local Council resolution. This will
include all three Town owned fire stations.
PREPARED BY: Scott R. Seaman
Chief of Police
CAbabylawcouncitreport.wpd
Reviewed by: ssistant Town Manager Town Attorney Clerk Administrator
Finance Community Development Revised: 1/12/05 6:16 pm
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Safely Surrendered Baby Law
01/18/05
The Santa Clara County Fire Chiefs are proponents of a coordinated countywide effort in order to
create an effective program, particularly since the public does not generally understand the
difference between local fire station jurisdictions. The Santa Clara County fire agencies agree to
actively participate in the County-wide Task Force and adopt implementation of this
program simultaneously. This method will allow time (60-90 days) for public educational
outreach, local adoption by resolution and reduced confusion regarding fire department
participation. The Santa Clara County Fire Department has begun developing County protocol
training materials-based on the Los Angeles County Fire Department model of this
program preparatory to Santa Clara County implementation in early 2005.
On August 1, 2003, legislation was enacted in the State of California that strengthens the existing
Safely Surrendered Baby Law (Health & Safety Code § 1255.7) by incorporating the following:
Expanding criteria for Safe Surrender personnel authorized to accept physical custody of
an infant to "...any personnel on duty at a Safe Surrender site..." as opposed to
"designated staff."
Protecting the confidentiality of a parent who surrenders an infant.
Requiring Safe Surrender sites to post uniform signage.
Requiring a Safe Surrender site to notify Child Protective Services as soon as possible
after an infant has been surrendered.
Once the Safe Surrender program is adopted and fully operational, infants will be able to be left
with fire personnel at any fire station in the County. These infants will be assessed and
transported to the appropriate receiving facility where custody will be transferred to appropriate
hospital personnel. A medical questionnaire and information about the program will be provided
to the surrendering guardian.
The Fire Department's responsibility will be to accept the child, provide any necessary medical
intervention and arrange for immediate transfer to the appropriate hospital. The fiscal impact of
the proposal is negligible, as the primary expense will be for training and distribution of forms,
both of which can be absorbed as part of the Fire Department budget.
CONCLUSION:
Staff recommends that the Town Council adopt the resolution.
ENVIRONMENTAL ASSESSMENT
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
None.
PAGE 3
MAYOR AND TOWN COUNCIL,
SUBJECT: Safely Surrendered Baby Law
01/18/05
Attachments:
Resolution authorizing Town fire stations as safe surrender sites
Distribution:
General
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING ALL SANTA CLARA FIRE DEPARTMENT STATIONS AS
CALIFORNIA SAFE SURRENDER SITES AND THE CREATION OF A COUNTY-
WIDE TASK FORCE OF STAKEHOLDERS TO DEVELOP A PROGRAM OF
FUNDING, TRAINING, AND IMPLEMENTATION FOR THIS PROGRAM.
WHEREAS, The Safely Surrendered Baby Law, effective January 1, 2001,
authorizes the Santa Clara County Board of Supervisors to designate locations where newborns
(less than 72 hours) may be confidentially surrendered by a parent or guardian having lawful
custody of the child, without fear of prosecution and;
WHEREAS, On August 3, 2004, the Santa Clara County Board of Supervisors
passed a resolution authorizing all fire stations in Santa Clara County to be designated as
California Safe Surrender sites when adopted by local Council resolution and;
WHEREAS, A coordinated countywide effort of implementation will include
public outreach and education as well as fire service training and;
WHEREAS, Safe Surrender sites will be implemented at Santa Clara County Fire
Department stations located in the Town of Los Gatos simultaneously with all 10 Santa Clara
County Fire Service Agencies.
NOW, THEREFORE BE IT RESOLVED, that the Town Council of the
Town of Los Gatos approves all Santa Clara County Fire Department stations (specifically
three Los Gatos stations) as California Safe Surrender sites and approves a County-wide Task
Force of stakeholders to develop a program of funding, training, and implementation for this
program.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los
Gatos, California, held on the day of , 2005 by the following vote:
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COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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