Procedures for temporary physical custody of relinquished newborn infants

5 V.I.C. § 2565 — under Family Division of the Superior Court.

5 V.I.C. § 2565

(a) The Safe Haven Provider shall take temporary physical custody of a child, without a court order, if the child is personally delivered to a Safe Haven Provider, if:(1) the child is no more than 60 days of age; and(2) the parent delivers, or causes the infant to be delivered to the safe haven provider; and(3) the parent does not express an intent to return for the child; and(4) there is no evidence of injury or abuse of the newborn infant.

(1) the child is no more than 60 days of age; and

(2) the parent delivers, or causes the infant to be delivered to the safe haven provider; and

(3) the parent does not express an intent to return for the child; and

(4) there is no evidence of injury or abuse of the newborn infant.

(b) If a Safe Haven Provider takes temporary physical custody of a child pursuant to subsection (a) of this section, the Safe Haven Provider:(1) shall perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment; and(2) may not inquire as to the identity of the parent. If the identity of a parent is known to the Safe Haven Provider, the Safe Haven Provider shall keep all information confidential, in accordance with the Health Insurance Portability and Accountability Act (HIPAA), and the confidentiality requirements under title 19 of the Virgin Islands Code. The parent leaving the newborn infant shall not be required to provide any information to the Safe Haven Provider, but may voluntarily provide information including, but not limited to, medical history of the parents or the newborn infant.

(1) shall perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment; and

(2) may not inquire as to the identity of the parent. If the identity of a parent is known to the Safe Haven Provider, the Safe Haven Provider shall keep all information confidential, in accordance with the Health Insurance Portability and Accountability Act (HIPAA), and the confidentiality requirements under title 19 of the Virgin Islands Code. The parent leaving the newborn infant shall not be required to provide any information to the Safe Haven Provider, but may voluntarily provide information including, but not limited to, medical history of the parents or the newborn infant.

(c) A Safe Haven Provider with responsibility for performing duties under this section, and any employee, doctor, or other personnel working with the Safe Haven Provider, are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith and within their professional scope in receiving a child and performing duties under this section.

(d) A parent may leave a newborn infant with a Safe Haven Provider in this territory without being subjected to prosecution for abandonment or neglect pursuant to the provisions of title 14, Virgin Islands Code, section 504, if the newborn infant is no more than 60 days of age when the newborn infant is left with the Safe Haven Provider, as determined within a reasonable degree of medical certainty, and there is no evidence of injury or abuse of the newborn infant.