The Commomwealth of Kentucky

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The Commomwealth of Kentucky
The Kentucky Board Of EMS
The Kentucky EMS for Children Project
The Thomas J. Burch Safe Infants Act
Tom Taylor EMT-P
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Overview of the Law

• The Thomas J. Burch Safe Infants Act went into
  effect April 9, 2002.
• The law allows parents of newborn infants to
  anonymously drop them off at a safe place (i.e.
  EMS, Police or Fire Station, or Hospital) without
  fear of prosecution.

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Overview of the Law

• The parent has 30 days to contact the State to
  ask for the child back.
• After 30 days the State will seek termination of
  parental rights.

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Introduction

• The law is intended to provide a humane option
  for parents who might otherwise abandon their
  newborn infant in a public place.
• It is intended to prevent any unwanted newborn
  from being abandoned in an unsafe environment
  (i.e. a dumpster, out in the weather, etc.).

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Introduction
A parent or person acting on behalf of the
parent may now anonymously leave an unwanted
infant with any Kentucky

• EMS provider
• Fire station
• Police station or
• Hospital
• Without fear of prosecution.

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Introduction
The situation MUST meet the following criteria

• The infant must be medically determined to be
  less than 72 hours old, and
• Must not have indicators of child abuse,
  maltreatment, or neglect after birth.

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Be Advised!
KNOW YOUR LOCAL PROTOCOL

• Kentucky law requires any care provider who
  suspects child abuse, neglect, or maltreatment
  SHALL report it.
• Reports should be made to the local Dept. For
  Community Based Services or call the DCBS hotline
  at [phone].

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How It Works

• If the parent leaves the infant and expresses no
  intent to return for the infant, the parent has
  the right to

• Remain anonymous,
• Leave at any time,
• Not be pursued, and
• Shall not be considered to have abandoned or
  endangered the newborn.

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How It Works

• A police officer, firefighter, EMS worker or
  hospital worker who accepts the infant shall
  immediately arrange for the infant to be taken to
  the nearest emergency department.
• The person who accepted the infant, as well as
  the ED physician, shall have implied consent to
  any and all appropriate medical treatment.

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The Plan

• The KBEMS and KYEMSC will make available a Burch
  Baby packet that contains the following

• A numbered bracelet
• The DPP 1268 Medical Information Form
• Legal Information
• Medical Information for the mother

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Procedures

• Filling out the medical information form is
  voluntary and will not be used to try to
  identify the parents.
• The parent may complete the form at the time of
  infant drop off or may mail the form to the
  address at the bottom of the form.

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Procedures

• Explain to the parent(s) that if they decide they
  want the baby back they may call the local Dept.
  For Community Based Services or call the DCBS
  hotline at [phone].
• If no contact is made within 30 days of leaving
  the infant, the cabinet for families and children
  will seek involuntary termination of parental
  rights.

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Procedures

• Do not be judgmental towards the person leaving
  the newborn infant.
• This may be an extremely difficult choice for a
  parent to make.
• Work from the basis that the parent is trying to
  do the right thing for their newborn.

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Review

• The newborn infant less than 72 hours old.
• Has not been abused, neglected or maltreated.
• May may be left with any EMS provider, fire
  station, police station or hospital.
• The parent has the right to do this anonymously.

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Review

• You must accept the infant.
• You have implied consent to treat the infant if
  necessary.
• Arrange for EMS transportation of the infant to
  the hospital.
• Try to get the parent to fill out the medical
  information form or sent it in later.

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Review

• Give the parent(s) the informational handouts.
• The Department of Community-Based Services must
  be notified

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Review
YOU MAY NOT

• Detain, follow or pursue the parent,
• Coerce or otherwise force the parent to reveal
  their identity,
• Coerce or otherwise force the parent to keep the
  infant, or
• Coerce or otherwise force the parent to give
  medical information.

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In Conclusion
Provide care for the newborn infant.
Allow the parent to maintain dignity in a
difficult situation.