OREGON ELAW

  • NEWBORN INFANT SURRENDER 4.28
    4.28.1 PURPOSE

    A. To establish a procedure for the initial assumption of physical custody of a surrendered newborn infant.

    4.28.2 STATUTE

    A. ORS 418.017 http://www.leg.state.or.us/ors/418.html

    B. ORS 163.535     http://www.leg.state.or.us/ors/163.html

    4.28.3 DETAILS

    A. Oregon law allows a parent to leave a newborn infant, at any time, with no prior notice, at a hospital, doctor’s office, birthing clinic, police station, fire station, sheriff office, or county health department if:



        C. Per ORS 418.017, “…A city, county or other political subdivision of this state that operates a sheriff’s office, police station or fire station that receives an infant under this section is immune from any criminal or civil liability that otherwise might result from the actions taken by its employees or agents in receiving the infant.”

        D. The law allows us to make a good faith estimate of the infant’s age. However, per ORS 163.535, if a parent surrenders an infant that is obviously over 30 days old to “under 15 years of age,” the parent may be charged with child abandonment, a Class C felony.


          4.28.4 PROCEDURE

          A. Any Department member is authorized by law to receive a surrendered newborn infant.


          B. Because a parent is not required to disclose any information about the parent(s) or infant, universal precautions should be utilized at all times, when handling surrendered newborn infants.


            1. BOEC shall be notified to initiate the following actions:


              2. If the parent is still on the premises, provide them with “A Safe Place for Newborns” packet. A supply of these packets will be kept in the Report Writing room and the Records Section of the Department.



                      proceed with the following steps:

                        b. Ask the parent to fill out the voluntary health questionnaire about the infant and leave it with the receiving Department member; however, the parent may take the questionnaire with them.

                          later than 24 hours after receiving the infant (see S.O. 4.28.1-02).

                            (Appendix 4.28A).

                              custody of the infant.


                                Incident Report.





                                Craig Junginger
                                Chief of Police

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