Georgia’s Safe Place for Newborns Act
Safe Place for Newborns (Eliza Jane Warner Act) – Georgia’s “Safe Haven” Law
O.C.G.A. §§ 19-10A-1 through 19-10A-8
As required by Georgia law, only state employees who are currently employed with the Georgia Department of Human Services (DHS)/Division of Family & Children Services (DFCS) are allowed to take custody of a “Safe Haven” baby left with (1) an employee, agent, or staff member of a medical facility, fire station, police station, public safety vehicle, or ambulance service, or (2) in a newborn safety device.
Neither staff nor volunteers from another federal or state agency, non-profit entity, or for-profit company, nor members of the public are allowed to pick up a “Safe Haven” baby from a medical facility, fire station, police station, public safety vehicle, ambulance service, or a newborn safety device.
Under the Eliza Jane Warner Act, Georgia law provides for no criminal prosecution for violating certain law provisions (e.g., cruelty to children, contributing to the delinquency or dependency of a minor, abandonment of a child) of a mother of a newborn child who leaves her baby in the physical custody of an on-duty employee, agent, or staff member or volunteer of a medical facility, fire station, police station, public safety vehicle, ambulance service, or in a newborn safety device if the child is no more than 45 days old. A mother is not required to show proof of her identity or address. Criminal immunity also applies to an individual who assists or acts at the direction of a mother pursuant to the Act.
Once a baby is left with an on-duty staff member or volunteer at a medical facility, police station, fire station, or ambulance service, the staff member or volunteer is required to immediately notify the DHS DFCS by calling 1-855-GA-CHILD (1-855-422-4453). If the facility or station incurs costs, including medical costs to care for the baby, DHS DFCS will reimburse those costs. When the baby is ready for pick-up or medical discharge, staff will provide photo identification verifying their employment before taking the baby into the State’s custody. When the DHS DFCS staff arrives to take custody of the baby, immediately call 1-855-422-4453 to verify.
Please immediately call 1-855-422-4453 to report any instances where an individual or entity has previously claimed, or is currently claiming, to be acting on the State’s behalf to take a “Safe Haven” or “abandoned” baby from a medical facility, fire station, police station, public safety vehicle, ambulance service, or a newborn safety device.
Abandoned Babies in Georgia
If a newborn child is legally “abandoned” by his or her biological family, a superior court, juvenile court, or probate court must be involved to investigate the child’s circumstances and decide whether it is appropriate to order:
- Temporary guardianship to a caregiver;
- Custody to the State of Georgia through DHS DFCS; or
- Custody to a caregiver.
If a child is “abandoned,” there must be a valid court order giving authority to a specific person or DHS DFCS to take care of that child. If a person comes to your facility or station claiming that they have authority to take the child, you should always take reasonable steps to assess the child’s safety. If you have questions, please immediately call 1-855-422-4453 for assistance.
“Safe Haven” Training
The State of Georgia does not require “Safe Haven” training for employees of medical facilities, fire stations, police stations, or ambulance services.