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04 Staff Report - Safely Surrendered Baby Law~pW N oc !ps GA ~pS 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: 1 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 2