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November 17, 2003 Special Town Meeting, cont... ....
<br /> parental rights or responsibilities but shall,for purposes of authorizing the department to initiate a petition
<br /> to terminate parental rights under general laws chapter 210,be presumed to be an abandonment of the
<br /> newborn or infant that has been so placed. A hospital emergency room receiving a newborn or infant shall
<br /> immediately notify the department of the placement of a newborn or infant("notice"). Upon receiving a
<br /> notice the department shall take physical custody of the newborn or infant immediately and shall initiate all
<br /> actions authorized by law to achieve the safety and permanency of the newborn or infant in a manner that is
<br /> consistent with the best interests of the child;provided however,that if the newborn or infant is in need of
<br /> emergency or other medical care,the department shall not take immediate physical custody of the child
<br /> until such care has been fully administered and completed to the hospital emergency room's satisfaction.
<br /> The department shall develop and implement a protocol of communication and procedure to facilitate the
<br /> placement of and provide for the custody and care of a newborn or infant. If a person claiming to be a
<br /> parent or lawful agent of a parent of a newborn or infant left with a designated facility submits a request to
<br /> the department for reunification with the newborn or infant,the department shall institute the procedures
<br /> currently authorized by law to identify, contact,and investigate such person or agent in order to determine,
<br /> pursuant to the applicable provisions of law,if reunification is in the best interests of the child,or if it is in
<br /> the best interests of the child to terminate the parental rights of the parent.
<br /> Each hospital emergency room in the Town of Lexington shall designate members of the emergency room
<br /> staff authorized("authorized employee")to take physical custody of a newborn or infant under these
<br /> sections, and one(1)such nurse shall be on duty during regular business hours.Each hospital emergency
<br /> room shall designate an area in the emergency room where physical custody of a newborn or infant may be
<br /> taken. Each police station in the Town of Lexington and fire station in the Town of Lexington shall,to the
<br /> greatest practical extent that does not interfere with the primary functions of the police station or fire
<br /> station, shall be authorized to activate the EMS system for the purpose of transfer to the hospital emergency
<br /> room on receipt of physical custody of a newborn or infant under these sections.
<br /> Authorized employees at the designated facility or the EMS system shall make every effort to solicit the
<br /> following information from the parent or lawful agent who is placing the newborn or infant: (1)the name
<br /> of the child, (2)the name and address of the parent placing the child, (3)name and address of the parent
<br /> absent from the placement of the child for the purposes of notification and protecting the absent parent's
<br /> constitutional rights with regard to parenting, (4)name and address of the person leaving the child,if not a
<br /> parent, (5)the location of the child's birthplace, (6)the medical histories of the child and parents including,
<br /> but not limited to,birth and medical records,if available,and(7)any other information that might
<br /> reasonably assist the department or the courts of the Commonwealth in current and future determinations of
<br /> the best interests of the child,including whether or not the parent plans to seek future custody of the child.
<br /> The authorized employee receiving the newborn or infant shall encourage the parent or lawful agent of the
<br /> parent to provide the requested information in order to ensure that the child's best interests are served,but
<br /> the parent or lawful agent is not required to provide such information. The department and the designated
<br /> facility shall maintain copies of forms and records,if any, collected or created as a result of placements
<br /> made under these sections,and shall adhere to all applicable laws,rules,and regulations regarding the
<br /> confidentiality of such forms and records provided,however,that all information pertaining to the medical
<br /> history of the newborn or lawful agent shall be forwarded by the designated facilities to the department in
<br /> order to facilitate the safe and permanent placement of a child by the department.
<br /> These authorized employees shall provide the parent or lawful agent with a numbered identification
<br /> bracelet. The bracelet shall be used to link the parent to the child for identification purposes only and shall
<br /> not be construed to authorize the person in possession of the bracelet to take custody of the child on
<br /> demand. If parental rights have not been terminated,possession of a bracelet linking the parent or agent to a
<br /> newborn or infant left with an authorized employee shall create a rebuttal presumption that the parent or
<br /> lawful agent has standing to participate in a custody hearing for the child but shall not create a presumption
<br /> of maternity,paternity or custody.
<br /> Envelopes containing the above information(pamphlet,medical history form,and identification bracelet)
<br /> should be provided to all fire and police stations for distribution as needed.
<br /> Section 2. Placement of Newborns and Infants by Parents or Lawful Agents of Parents with Authorized
<br /> Employees of Designated Facilities.
<br /> The act of leaving an unharmed newborn or infant with an authorized employee of a designated facility
<br /> does not,by itself, constitute a basis for a finding of abuse or neglect of the child pursuant to the laws of the
<br /> Commonwealth,nor does it,by itself, constitute a violation of criminal statutes for child abuse and neglect
<br /> or for abandonment under General Laws Chapter 119, Section 39 when there is additional evidence that the
<br /> person who left the child intended that the child be safe from physical injury or harm. If there is suspected
<br /> child abuse or neglect that is not based solely on the newborn or infant having been left with an authorized
<br /> employee of a designated facility in compliance with these sections,the personnel of the designated
<br /> facilities who are mandated reporters under General Laws, Chapter 119, Section 51A must report the abuse
<br /> or neglect.
<br /> Section 3. Information Program.
<br /> There shall be a public information program regarding the procedures stated in these sections including,but
<br /> not limited to,the development of a pamphlet describing these aforesaid procedures,the rights and
<br /> responsibilities of the parent(s)and extended family members,the legal consequences of placement of a
<br /> newborn or infant into foster care,the relevant telephone numbers of the department or its agents and
<br /> family preservation services.
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