216B.190 Newborn infant -- Treatment when identity of parents is unknown --
340 words·~2 min read·
/ky/216b-190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Immunity from liability -- Anonymity of person leaving infant -- Emergency
custody order -- Materials for health and medical information.
(1)As used in this section:
(a)"Newborn infant" means an infant who is medically determined to be less than
thirty
(30)days old.; and
(b)"Participating place of worship" has the same meaning as in KRS 405.075.
(2)Every hospital of this state that offers emergency services shall admit and provide
all necessary medical care, diagnostic tests, and medical treatment to any newborn
infant brought to the hospital when the identity of the parents is unknown. Any
person performing medical care, diagnostic testing, or medical treatment shall be
immune from criminal or civil liability for having performed the act. Nothing in this
subsection shall limit liability for negligence.
(3)Any person or parent, other than an emergency medical services provider, a police
officer, a firefighter, or a staff member at a participating place of worship acting in
the course of his or her official duties, who leaves a newborn infant at an emergency
room, or brings a newborn infant to an emergency room and expresses an intent to
leave the infant and not return, shall have the right to remain anonymous and to
leave at any time, and shall not be pursued or followed. The physician shall consider
these actions as implied consent for treatment.
(4)Upon admittance, the physician or hospital administrator shall immediately contact
the local office of the Department for Community Based Services. The Department
for Community Based Services shall immediately seek an emergency custody order
in accordance with KRS 620.350.
(5)Every emergency room shall make available materials to gather health and medical
information concerning the infant and the parents. The materials shall be offered to
the person leaving the newborn infant and it shall be clearly stated that acceptance is
completely voluntary and completion of the materials may be done anonymously.
(6)The provisions of subsection
(3)of this section shall not apply when indicators of
child physical abuse or child neglect are present.