(a) Once a hospital has made a report to the Department under section 2569(a) of this subchapter, the Department shall arrange to accept physical custody of the relinquished newborn infant and, not later than 48 hours of taking a newborn infant into custody, excluding weekends and holidays, shall seek a court order for emergency temporary custody of the infant upon its acceptance of the infant and file a petition with the court stating the specific circumstances justifying the taking of temporary custody and the specific measures implemented to safeguard the physical and emotional well-being of the newborn infant. If a hospital determines that a relinquished infant needs medical treatment beyond the 48 hours for the Department to take physical custody of the infant, the Department shall assume custody of any infant declared ready for discharge from a hospital within eight hours of such notification. The court shall grant the Department temporary guardianship status over any newborn infant in its care while a petition for guardianship is pending the issuance of a final court order. The Department shall pay all associated costs, including medical care expenses within and outside the territory if an infant under the Department’s care requires transfer off the island for additional medical care. The Department shall assign an authorized representative to accompany any infant under their care during off-island transfers and medical treatment.
(b) Not later than 24 hours after receiving a report under section 2569(a), the Department shall request assistance from law enforcement officials to investigate the matter using the National Center for Missing and Exploited Children to ensure that the relinquished newborn infant is not a missing child. The extent of this investigation involves only a determination that the infant is not a missing child and may not extend to an investigation of the relinquishing or non-relinquishing parent.
(c) The Department shall initiate proceedings to terminate the parental rights of the relinquished newborn infant’s known or unknown parents no sooner than 60 days following the date of the initial relinquishment of the newborn infant to the Safe Haven Provider.
(d) Before filing a petition for termination of parental rights, the Department shall do the following:(1) Search its Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted at least 60 days after the relinquished newborn infant’s estimated date of birth. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with title 16 Virgin Islands Code, chapter 5, section 143.(2) Verify with law enforcement officials, using the National Center for Missing and Exploited Children that the relinquished newborn infant is not a missing child.(3) No later than 10 days after the newborn infant is relinquished, the Department shall attempt to identify, locate, and notify the non-relinquishing parent by performing a missing-child search and publishing notice of the relinquishment of the newborn to include:(A) The place, date, and time of the relinquishment; and(B) The sex, race, approximate age, any identifying marks of the newborn infant, and any other identifying information the Department considers necessary; and(C) A statement that the non- relinquishing parent’s failure to notify the Department of an intent to exercise his or her parental rights and responsibilities within 20 days after publication of the notice shall be deemed to be the non-relinquishing parent’s irrevocable consent to the termination of all parental rights and his or her irrevocable waiver of any right to notice of, or opportunity to participate in, any termination of parental rights proceeding involving the surrendered newborn.(4) Not later than 48 hours, excluding weekends and holidays, after assuming physical custody of the newborn infant, the Department shall file a petition in the Family Division of the Superior Court. The petition must allege that the newborn infant has been relinquished in accordance with this subchapter and state that the newborn infant continues to need the Department’s protection.
(1) Search its Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted at least 60 days after the relinquished newborn infant’s estimated date of birth. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with title 16 Virgin Islands Code, chapter 5, section 143.
(2) Verify with law enforcement officials, using the National Center for Missing and Exploited Children that the relinquished newborn infant is not a missing child.
(3) No later than 10 days after the newborn infant is relinquished, the Department shall attempt to identify, locate, and notify the non-relinquishing parent by performing a missing-child search and publishing notice of the relinquishment of the newborn to include:(A) The place, date, and time of the relinquishment; and(B) The sex, race, approximate age, any identifying marks of the newborn infant, and any other identifying information the Department considers necessary; and(C) A statement that the non- relinquishing parent’s failure to notify the Department of an intent to exercise his or her parental rights and responsibilities within 20 days after publication of the notice shall be deemed to be the non-relinquishing parent’s irrevocable consent to the termination of all parental rights and his or her irrevocable waiver of any right to notice of, or opportunity to participate in, any termination of parental rights proceeding involving the surrendered newborn.
(A) The place, date, and time of the relinquishment; and
(B) The sex, race, approximate age, any identifying marks of the newborn infant, and any other identifying information the Department considers necessary; and
(C) A statement that the non- relinquishing parent’s failure to notify the Department of an intent to exercise his or her parental rights and responsibilities within 20 days after publication of the notice shall be deemed to be the non-relinquishing parent’s irrevocable consent to the termination of all parental rights and his or her irrevocable waiver of any right to notice of, or opportunity to participate in, any termination of parental rights proceeding involving the surrendered newborn.
(4) Not later than 48 hours, excluding weekends and holidays, after assuming physical custody of the newborn infant, the Department shall file a petition in the Family Division of the Superior Court. The petition must allege that the newborn infant has been relinquished in accordance with this subchapter and state that the newborn infant continues to need the Department’s protection.