(a) As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application, or meaning:(1) “Abuse” means any physical or mental injury inflicted on a child, other than by accidental means, by those responsible for the care and maintenance of the child, which injury causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health or loss or protracted impairment of the function of any bodily organ. “Abuse” includes the sexual abuse of a child, as defined by law, or the sexual exploitation, including the prostituting of a child and the photographing or other depiction of a child for pornographic purposes, or a persistent course of sexual conduct that causes a child’s health or welfare to be harmed or threatened.(2) “Department” means the Virgin Islands Department of Human Services.(3) “Emergency medical facility” means a freestanding emergency/urgent care center or trauma center that is staffed and available 24 hours a day/7 days per week.(4) “Emergency medical professional” includes licensed physicians, and any emergency medical technicians, emergency medical technician-intermediate, advanced emergency medical technicians, paramedics, trauma nurse specialists, nurse practitioners, nurses (RN and LPN), and physician assistants or any medical professional engaged in providing emergency medical services.(5) “Father” means, for purpose of this chapter only, a male parent of a child when:(A) he is married to a mother of the child when the child was conceived or when the child was born, unless a court of competent jurisdiction has, through court order, ruled to the contrary; or(B) it has been so determined by a court of competent jurisdiction; or(C) he has been given an order of adoption of the child by a court of competent jurisdiction; or(D) Paternity has otherwise been established pursuant to Title 16, chapter 11 of this Code; or(E) he otherwise makes a formal or unequivocal acknowledgment;(F) but does not mean a man whose parental rights have been terminated by a court of competent jurisdiction.(6) “Fire station” means an office or headquarters located within the Virgin Islands Territory that provides fire and emergency medical services to the territory.(7) “Hospital” means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of inpatients by or under the supervision of a physician.(8) “Mother” means a female parent of a child when she is the biological parent of the child; or has been given an order of adoption of the child by a court of competent jurisdiction, or she was the intended parent in the case of a child born by surrogacy; but does not mean a woman whose parental rights have been terminated by a court of competent jurisdiction.(9) “Neglect” means the abandonment of a child by his or her parent, guardian, or legal custodian or the failure to provide adequate food, clothing, shelter, education as required by law, or medical care though financially able to do so, proper parental supervision, care and control, or other action as necessary for a child’s physical, mental, moral, or emotional health.(10) “Newborn Infant” means a child who a licensed physician reasonably believes is 60 days old or less at the time the child is initially relinquished to a hospital, police station, fire station, or emergency medical facility, who is not an abused or neglected child.(11) “Non-Relinquishing Parent” means the parent of a relinquished newborn infant who did not bring the infant or cause the newborn infant to be brought to the Safe Haven Provider.(12) “Parent” means the father or mother of a child and includes any adoptive parent. It does not include a person whose parental rights with respect to the child have been terminated by a court of competent jurisdiction.(13) “Police station” means an office or headquarters of the Virgin Islands Police Department located within the Virgin Islands Territory.(14) “Putative Father” means a man whose legal relationship to a child has not been established but claims to be the father or who is alleged to be the father of a child who is born to a woman to whom he is not married at the time of the child’s birth.(15) “Relinquish” means to bring, or direct another party to bring, a newborn infant, as defined in this subchapter, to a staff member of a Safe Haven Provider and to leave the newborn infant with personnel of the facility. This includes calling 9-1-1 and contacting emergency medical services to respond to the location of the parent requesting to relinquish the newborn infant and relinquishing the newborn infant to emergency medical personnel. The newborn infant is relinquished in accordance with this subchapter if the person giving the newborn infant to the Safe Haven Provider does not express an intent to return for the newborn infant or states that he or she will not return for the newborn infant. In the case of a mother who gives birth to a newborn infant in a hospital, the mother’s act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the newborn infant or (ii) stating that she will not return for the newborn infant is a “relinquishment” under this subchapter.(16) “Relinquishing Parent” means the parent who brings, or otherwise causes the newborn infant to be brought, to the Safe Haven Provider or calls 9-1-1 and relinquishes the infant.(17) “Safe Haven Law” has the same meaning as Baby Moses law, Daniels Law, Safe Surrender Law and is a statute that decriminalizes the relinquishment of unharmed newborn infants with statutorily designated entities so that the child becomes a ward of the state.(18) “Safe Haven Provider” means a hospital, fire station, emergency medical facility, or police station.(19) “Temporary physical custody” means the temporary placement of a newborn infant with a Safe Haven Provider, hospital, or other medical facility out of the custody of the newborn infant’s parent.
(1) “Abuse” means any physical or mental injury inflicted on a child, other than by accidental means, by those responsible for the care and maintenance of the child, which injury causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health or loss or protracted impairment of the function of any bodily organ. “Abuse” includes the sexual abuse of a child, as defined by law, or the sexual exploitation, including the prostituting of a child and the photographing or other depiction of a child for pornographic purposes, or a persistent course of sexual conduct that causes a child’s health or welfare to be harmed or threatened.
(2) “Department” means the Virgin Islands Department of Human Services.
(3) “Emergency medical facility” means a freestanding emergency/urgent care center or trauma center that is staffed and available 24 hours a day/7 days per week.
(4) “Emergency medical professional” includes licensed physicians, and any emergency medical technicians, emergency medical technician-intermediate, advanced emergency medical technicians, paramedics, trauma nurse specialists, nurse practitioners, nurses (RN and LPN), and physician assistants or any medical professional engaged in providing emergency medical services.
(5) “Father” means, for purpose of this chapter only, a male parent of a child when:(A) he is married to a mother of the child when the child was conceived or when the child was born, unless a court of competent jurisdiction has, through court order, ruled to the contrary; or(B) it has been so determined by a court of competent jurisdiction; or(C) he has been given an order of adoption of the child by a court of competent jurisdiction; or(D) Paternity has otherwise been established pursuant to Title 16, chapter 11 of this Code; or(E) he otherwise makes a formal or unequivocal acknowledgment;(F) but does not mean a man whose parental rights have been terminated by a court of competent jurisdiction.
(A) he is married to a mother of the child when the child was conceived or when the child was born, unless a court of competent jurisdiction has, through court order, ruled to the contrary; or
(B) it has been so determined by a court of competent jurisdiction; or
(C) he has been given an order of adoption of the child by a court of competent jurisdiction; or
(D) Paternity has otherwise been established pursuant to Title 16, chapter 11 of this Code; or
(E) he otherwise makes a formal or unequivocal acknowledgment;
(F) but does not mean a man whose parental rights have been terminated by a court of competent jurisdiction.
(6) “Fire station” means an office or headquarters located within the Virgin Islands Territory that provides fire and emergency medical services to the territory.
(7) “Hospital” means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of inpatients by or under the supervision of a physician.
(8) “Mother” means a female parent of a child when she is the biological parent of the child; or has been given an order of adoption of the child by a court of competent jurisdiction, or she was the intended parent in the case of a child born by surrogacy; but does not mean a woman whose parental rights have been terminated by a court of competent jurisdiction.
(9) “Neglect” means the abandonment of a child by his or her parent, guardian, or legal custodian or the failure to provide adequate food, clothing, shelter, education as required by law, or medical care though financially able to do so, proper parental supervision, care and control, or other action as necessary for a child’s physical, mental, moral, or emotional health.
(10) “Newborn Infant” means a child who a licensed physician reasonably believes is 60 days old or less at the time the child is initially relinquished to a hospital, police station, fire station, or emergency medical facility, who is not an abused or neglected child.
(11) “Non-Relinquishing Parent” means the parent of a relinquished newborn infant who did not bring the infant or cause the newborn infant to be brought to the Safe Haven Provider.
(12) “Parent” means the father or mother of a child and includes any adoptive parent. It does not include a person whose parental rights with respect to the child have been terminated by a court of competent jurisdiction.
(13) “Police station” means an office or headquarters of the Virgin Islands Police Department located within the Virgin Islands Territory.
(14) “Putative Father” means a man whose legal relationship to a child has not been established but claims to be the father or who is alleged to be the father of a child who is born to a woman to whom he is not married at the time of the child’s birth.
(15) “Relinquish” means to bring, or direct another party to bring, a newborn infant, as defined in this subchapter, to a staff member of a Safe Haven Provider and to leave the newborn infant with personnel of the facility. This includes calling 9-1-1 and contacting emergency medical services to respond to the location of the parent requesting to relinquish the newborn infant and relinquishing the newborn infant to emergency medical personnel. The newborn infant is relinquished in accordance with this subchapter if the person giving the newborn infant to the Safe Haven Provider does not express an intent to return for the newborn infant or states that he or she will not return for the newborn infant. In the case of a mother who gives birth to a newborn infant in a hospital, the mother’s act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the newborn infant or (ii) stating that she will not return for the newborn infant is a “relinquishment” under this subchapter.
(16) “Relinquishing Parent” means the parent who brings, or otherwise causes the newborn infant to be brought, to the Safe Haven Provider or calls 9-1-1 and relinquishes the infant.
(17) “Safe Haven Law” has the same meaning as Baby Moses law, Daniels Law, Safe Surrender Law and is a statute that decriminalizes the relinquishment of unharmed newborn infants with statutorily designated entities so that the child becomes a ward of the state.
(18) “Safe Haven Provider” means a hospital, fire station, emergency medical facility, or police station.
(19) “Temporary physical custody” means the temporary placement of a newborn infant with a Safe Haven Provider, hospital, or other medical facility out of the custody of the newborn infant’s parent.
(b) The terms “infant”, and “newborn” are used interchangeably throughout this chapter and carry the same definition as “newborn infant”, indicated above.