BILL NUMBER: S7904
SPONSOR: CHAN
 
TITLE OF BILL:
An act to amend the social services law and the penal law, in relation
to establishing safe haven baby boxes as authorized locations for the
lawful and anonymous surrender of infants
 
PURPOSE:
To expand New York State's Abandoned Infant Protection Act by authoriz-
ing the installation and use of safe haven baby boxes, which provide a
secure, anonymous, and legal method for a parent to safely surrender an
infant at designated facilities.
 
SUMMARY OF PROVISIONS:
- Section I: Establishes the short title of the bill as the "Safe Haven
Baby Box Act."
- Section 2: Amends Section 372-g of the Social Services Law to define
"safe haven baby box" and authorize its use. Requires baby boxes to be
secure, temperature-regulated, equipped with alert systems, and accessi-
ble only from inside designated 24/7-staffed facilities.
- Section 3: Amends Section 260.15 of the Penal Law to clarify that
surrendering an infant in accordance with the baby box procedures does
not constitute endangerment of the welfare of a child.
- Section 4: Directs the Office of Children and Family Services (OCFS)
to promulgate rules and regulations regarding safety standards, train-
ing, and public outreach.
- Section 5: Sets the act to take effect immediately.
 
JUSTIFICATION:
New York State's current abandoned infant protection law allows for
anonymous surrender of infants at hospitals, police stations, and fire
stations, but does not authorize the use of baby boxes, which are now
utilized in several other states. These devices offer an additional safe
option for parents in crisis who may be unwilling or unable to phys-
ically hand an infant to a person.
Baby boxes are designed to ensure complete anonymity while maintaining
high safety standards, including temperature control, interior padding,
locking mechanisms, and real-time alerts to staff. By permitting their
installation at continuously staffed facilities such as hospitals and
emergency services buildings, this legislation closes a gap in current
law and helps prevent unsafe abandonments.
Furthermore, the bill provides legal clarity by updating the Penal Law
to protect parents from prosecution when they lawfully surrender a child
in this manner, consistent with public policy goals of protecting
newborns and preserving human life.
With appropriate oversight and regulation from OCFS, baby boxes can
become a critical component of a modernized and compassionate safe haven
system.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state. The legislation authorizes installation and regu-
lation but does not mandate state-funded deployment.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7904: 372-g social services law, 260.15 penal law