An emergency services provider or licensed child placement agency must accept physical custody of a newborn if:
(1) The newborn is voluntarily surrendered by the newborn's parent:
(a) To an agent of the provider or agency; or
(b) In a newborn safety device, as provided in § 25-5A-27.1; and
(2) The parent does not express an intent to return for the newborn.
Any provider or agency that accepts physical custody of a newborn pursuant to this section shall perform any act necessary to protect the physical health and safety of the newborn.