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Ark. Code Ann. § 9-34-202

Delivery to medical provider, law enforcement agency, or fire department

Applied in 2 court decisions — leading case McCorvey v. Hill (2004)

Most recently applied in McCorvey v. Hill (September 2004)

Acts 2001, No. 236, § 1; 2013, No. 1004, § 1; 2019, No. 185, § 3.

(1) Any medical provider, law enforcement agency, or fire department shall take possession of a child who is thirty (30) days old or younger without a court order if the parent of the child, without expressing an intent to return for the child, leaves the child: With or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department; or

(2) In a newborn safety device that is: Voluntarily installed by the medical provider, law enforcement agency, or fire department;

(3) Physically located inside a hospital, law enforcement agency, or fire department that is staffed twenty-four (24) hours a day by a medical services provider; and

(4) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department.

(5) A medical provider, law enforcement agency, or fire department that takes possession of a child under subsection (a) of this section shall perform any act necessary to protect the physical health and safety of the child.

(6) A medical provider, law enforcement agency, or fire department shall: Keep the identity of a parent who relinquishes a child under this section confidential; and

(7) Not release or otherwise make the identity of the parent available except to a:

(8) A medical provider, law enforcement agency, or fire department shall not be criminally or civilly liable for any good faith acts or omissions performed under this section.

(9) A medical provider, law enforcement agency, or fire department that voluntarily installs a newborn safety device shall: Be responsible for the cost of the installation; and

(10) Install an adequate dual alarm system connected to the physical location of the newborn safety device that is: Tested at least one (1) time per week to ensure the alarm system is in working order; and

(11) Visually checked at least two (2) times per day to ensure the alarm system is in working order.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.