Nevada Safe Haven Laws

In Nevada, a provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old if the child is voluntarily delivered to the provider by one of its parent with intent not to return for the child.[i] According to Nev. Rev. Stat. Ann. § 432B.630(4), “provider of emergency services” means a hospital, fire fighting agency or a law enforcement agency.  The section more specifically states:

As used in this section, “provider of emergency services” means:

(a)   A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;

(b)   A public fire-fighting agency; or

(c)   A law enforcement agency.

Any provider of emergency services taking possession of a child shall:[ii]

a)     inform the parent that, by delivering the child to any provider the parent is presumed to have abandoned the child; and by failing to provide an address of the parent, the parent waives any notice of hearing.  They shall also inform the parent that action will be taken to terminate parental rights regarding the child if the parent fails to contact the local agency providing Child Welfare Services.

b)     perform acts necessary to maintain and protect the physical health and safety of the child.

c)     report to an agency which provides Child Welfare Services within 24 hours of taking possession of the child.

If the provider accepting custody of the child is a public fire-fighting agency or a law enforcement agency, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care.[iii]

A parent who delivers a child to a provider of emergency services must leave the child either in the physical possession of a person who he/she reasonably believes to be an employee of the provider; or on the property of the provider in a manner and location that will not threaten the physical health or safety of the child.[iv] After leaving the child on the provider’s premises, the parent shall immediately inform the provider of the delivery and location of the child.[v] A provider of emergency services is not liable for any civil damages if any harm or injury is sustained to the child after the child is left on the property of the provider and before the provider is informed of the delivery and location of the child.[vi]

A parent delivering his/her child to a provider of emergency services shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.[vii]

The provider shall not compel the parent to provide any background or medical information regarding the child.  However, the parent may voluntarily provide the information. [viii] Additionally, the parent should not be compelled to disclose any identifying information, must not be pursued, and must be allowed to leave the premises at any time.  However, if the provider believes that the surrendered child is a victim of child abuse or neglect attempts may be made to track the identity of the parent. [ix]

Any person who delivers or induces the delivery of a child to a provider of emergency services is not guilty of contributory neglect or contributory delinquency based on the sole ground of relinquishment.[x]

Any person who in good faith accepts custody of a child and does acts in compliance with the Safe Haven laws is immune from any civil or criminal liability for such acts.  However, the person is not immune from liability for any negligent acts. [xi]

[i] Nev. Rev. Stat. Ann. § 432B.630(1)

[ii] Nev. Rev. Stat. Ann. § 432B.630(2)

[iii] Nev. Rev. Stat. Ann. § 432B.630(2)

[iv] Nev. Rev. Stat. Ann. § 432B.630(3)(a)

[v] Nev. Rev. Stat. Ann. § 432B.630(3)(a)

[vi] Nev. Rev. Stat. Ann. § 432B.630(3)(a)

[vii] Nev. Rev. Stat. Ann. § 432B.630(3)(b)

[viii] Nev. Rev. Stat. Ann. § 432B.630(3)(c)

[ix] Nev. Rev. Stat. Ann. § 432B.630(3)(d)

[x] Nev. Rev. Stat. Ann. § 201.110

[xi] Nev. Rev. Stat. Ann. §  432B.160


Inside Nevada Safe Haven Laws