HomeMy WebLinkAbout55A -SAFE SURRENDER SITE
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
FEBRUARY 22, 2005
APPROVED
TITLE:
RESOLUTION FOR SAFE SURRENDER
SITE PROGRAM
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution requesting the Orange County Board of Supervisors to
include all fire stations within the City of Santa Ana as designated safe
surrender sites for newborns.
DISCUSSION
Since 1999, over 40 states have passed legislation designating safe
surrender conditions for parents to relinquish infants they are unable to
care for. The California Safely Surrendered Baby Law, also known as the
Safe Haven Law or Newborn Abandonment Law, went into effect on January 1,
2001. The purpose of the law is to protect babies from being hurt or killed
when they are abandoned in unsafe areas, such as trash bins or dumpsters.
Current State law allows a parent or legal guardian to anonymously
surrender an infant, three days old or younger, to any hospital emergency
room or other site designated by the County Board of Supervisors.
Each County Board of Supervisors designates the safe surrender sites within
their jurisdiction. To date, the Orange County Board of Supervisors has
designated Orangewood Children's Home and all hospital emergency rooms.
The Los Angeles County Board of Supervisors, however, has included all
county and municipal fire stations as safe surrender sites. Information
generated by radio and print media originating in Los Angeles may create
confusion for Orange County residents by announcing that all fire stations
are safe surrender sites. Orange County fire officials are now concerned
that infants may be abandoned at Orange County fire stations. In order to
ensure the safety of newborns, it is important that the Orange County Board
of Supervisors designate all municipal and county fire stations are safe
55A-1
Resolution for Safe
Surrender Site Program
February 22, 2005
Page 2
surrender sites and implement procedures for accepting infants.
Additionally, the Health & Safety Code confers civil, criminal, and
administrative immunity upon the safe surrender site and their personnel.
FISCAL IMPACT
If included, the program would require the purchase of mother and child
identification wrist bands and the posting of signs to identify Santa Ana
fire stations as safe surrender sites at a cost of approximately $800. The
Orange County Fire Authority, representing 22 cities, will be seeking
Proposition 10 funds to cover the expenses related to this program.
However, if required, funds are available in the Fire Department's
Suppression/EMS, Other Materials & Supplies account (account no. 011-323-
6391) .
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APPROVED AS TO FUNDS AND ACCOUNTS:
ip M. Gar" .
Chief
Department
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Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
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55A-2
RESOLUTION NO. 2005-024
MJV 02-14-2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE CITY'S PARTICIPATION IN THE SAFE
SURRENDER SITES PROGRAM AND REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO DESIGNATE ALL MUNICIPAL FIRE
STATIONS WITHIN THE CITY OF SANTA ANA JURISDICTION AS "SAFE-
SURRENDER SITES" FOR NEWBORNS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. California Health and Safety Code section 1255.7, known as the "Safe
Haven Law," was enacted in 2000 in response to widespread reports of babies being
abandoned in trash bins and restrooms, and on the highways, and being discovered
dead or in life-threatening medical and physical condition.
B. The "Safe Haven Law" encourages persons with custody of unwanted
newborn children to anonymously surrender the newborn so that it may receive
immediate medical attention.
C. According to the California Department of Social Services, in the first two
years that the "Safe Haven Law" was in effect, 20 babies were safely surrendered; but
88 babies were still illegally abandoned, 20 of whom died.
D. The "Safe Haven Law" provides that (a) a parent or person having lawful
custody of a child 72 hours old or younger, who delivers the child to a designated "Safe-
Surrender Site," would be immune from criminal prosecution, (b) a person accepting
custody of a newborn at a "Safe-Surrender Site" must notify the County Child Protective
Services Agency within 48 hours, and (c) permits the person surrendering a newborn to
anonymously provide medical information to the person accepting custody.
E. The "Safe Haven Law" defines a "Safe-Surrender Site" as a location
"designated by the board of supervisors of a county" to be responsible for accepting
physical custody of a newborn.
F. The Safe Haven Law provides immunity for the safe surrender site and the
personnel of the safe surrender site from civil, criminal, and administrative liability.
Resolution No.
Page 1 of 2
55A-3
G. The City Council of the City of Santa Ana strongly supports the "Safe-
Surrender Site" program and desires that all City of Santa Ana fire stations be
designated as "Safe-Surrender Sites.
Section 2. The City Council of the City of Santa Ana approves City's
participation in the Safe Surrender Sites program and hereby formally requests that the
Orange County Board of Supervisors designate all fire stations within the City of Santa
Ana jurisdiction as "Safe-Surrender Sites" pursuant to California Health and Safety
Code section 1255.7.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AYES: Council members:
NOES: Council members:
ABSTAIN: Council members:
NOT PRESENT: Council members:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2005-024 to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
Resolution No.
Page 2 of 2
55A-4