Code of the District of Columbia

§ 4–1451.04. Placement.

(a) After the surrender of a newborn, an Authorized Receiving Facility that is not a hospital shall transport the newborn to the nearest hospital as soon as transportation can be arranged.

(b)(1) The act of surrender shall constitute implied consent for the hospital to which the newborn is surrendered or transported and the hospital’s medical personnel to treat and provide care for the newborn and arrange for further placement with CFSA and, through CFSA, with a preadoptive home whenever possible.

(2) Hospital personnel shall immediately contact CFSA to report the surrender of the newborn and arrange for transport of the newborn to CFSA. The CFSA shall assume physical custody of the newborn within 23 hours of the surrender.


(May 27, 2010, D.C. Law 18-158, § 104, 57 DCR 3000.)

Emergency Legislation

For temporary (90 day) addition, see § 5 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-49, April 27, 2009, 56 DCR 3581).

For temporary (90 day) addition, see § 104 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).

Temporary Legislation

Sections 5 of D.C. Law 18-29 added a section to read as follows:

“Sec. 5. Placement.

“(a) After the surrendering of a newborn, an Authorized Receiving Facility that is not a hospital shall transport the newborn to the nearest hospital as soon as transportation can be arranged.

“(b)(1) The act of surrendering shall constitute implied consent for the hospital to which the newborn is surrendered, or to which the newborn is transported, and the hospital’s medical personnel and physicians, to treat and provide care for the newborn and arrange for further placement with CFSA.

“(2) Hospital personnel shall immediately contact CFSA to report the surrender of the newborn and arrange for transport of the newborn to CFSA, which shall take place within 23 hours.”

Section 10(b) of D.C. Law 18-29 provided that the act shall expire after 225 days of its having taken effect.