§ 1303. Abandonment or exposure of baby
(a) A person who abandons or exposes a child under the age of two years whereby the life
or health of such child is endangered shall be imprisoned not more than 10 years or
fined not more than $10,000.00, or both.
(b)(1) It is not a violation of this section if a person voluntarily delivers a child not
more than 30 days of age to:
(A) An employee, staff member, or volunteer at a health care facility.
(B) An employee, staff member, or volunteer at a fire station, police station, place of
worship, or an entity that is licensed or authorized in this State to place minors
for adoption.
(C) A 911 emergency responder at a location where the responder and the person have agreed
to transfer the child.
(2) A person voluntarily delivering a child under this subsection shall not be required
to reveal any personally identifiable information, but may be offered the opportunity
to provide information concerning the child’s or family’s medical history.
(3) A person or facility to whom a child is delivered pursuant to this subsection shall
not be required to reveal the name of the person who delivered the child unless there
is a reasonable suspicion that the child has been abused and shall be immune from
civil or criminal liability for any action taken pursuant to this subsection.
(4) A person or facility to whom a child is delivered pursuant to this subsection shall:
(A) Take temporary custody of the child and ensure that he or she receives any necessary
medical care.
(B) Provide notice that he, she, or it has taken temporary custody of the child to a local
law enforcement agency or the Vermont State Police.
(C) Provide notice that he, she, or it has taken temporary custody of the child to the
Department for Children and Families, which shall take custody of the child as soon
as practicable.
(5) The Department for Children and Families shall develop and implement a public information
program to increase public awareness about the provisions of the Baby Safe Haven Law,
and shall report on the elements and status of the program by January 15, 2006, to
the chairs of the Senate Committee on Health and Welfare and the House Committee on
Human Services.
(6) Except as provided in subdivision (3) of this subsection, this subsection shall not
be construed to limit or otherwise affect procedures under 33 V.S.A. chapter 53 regarding
termination of parental rights and regarding children in need of care or supervision. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2005, No. 124 (Adj. Sess.), § 3; 2007, No. 102 (Adj. Sess.), § 1.)