Existing law defines a safe-surrender site to mean a location designated by the board of supervisors of a county or by a local fire agency, or a location within a public or private hospital that is designated by that hospital, to be responsible for accepting physical custody of a minor child who is 72 hours old or younger from a parent or individual who has lawful custody of that child and who surrenders the child. Existing law requires personnel on duty at a safe-surrender site to accept physical custody of the minor child, and to notify child protective services or a county agency providing child welfare services as soon as possible, but no later than 48 hours of accepting custody of the child. Existing law makes a violation of these provisions a crime.
This bill would authorize, but not require, a safe-surrender site to install an infant safety device, as defined. The bill would require that an infant safety device be climate controlled, equipped with a dual alarm system, as described, and provide for a process or mechanism that maintains the anonymity of an individual who is surrendering a minor child. The bill would require a safe-surrender site that does install an infant safety device to visually check the device and test the above-described alarm system at specified intervals. Because a violation of the provisions relating to safe-surrender sites is a crime, this bill would impose a state-mandated local program.
Under existing law, a parent or other individual with lawful custody of a minor child 72 hours old or younger who voluntarily surrenders physical custody of the child to personnel on duty at a safe-surrender site cannot be prosecuted for child abandonment.
This bill would additionally prevent a parent or other above-described individual from being prosecuted for child abandonment if the parent or individual voluntarily places the minor child in an infant safety device at a safe-surrender site.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 2073: 1255.7 HSC, 271.5 PEN
02/18/26 - Introduced: 1255.7 HSC, 271.5 PEN