S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8649
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Children and Families
 
 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

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "safe haven baby box act".
   § 2. Section 372-g of the social services law, as added by chapter 156
 of the laws of 2000, is amended to read as follows:
   §  372-g.  Abandoned infant protection program. The office of children
 and family services shall develop and  implement  a  public  information
 program  to inform the general public of the provisions of the abandoned
 infant protection act. The program may include but not be limited to the
 following elements:
   1. educational and informational materials  in  print,  audio,  video,
 electronic, or other media;
   2. public service announcements and advertisements; [and]
   3.  establishment  of toll-free telephone hotlines to provide informa-
 tion[.]; AND
   4. FOR THE PURPOSES OF THIS SECTION, THE TERM "SAFE  HAVEN  BABY  BOX"
 SHALL  MEAN  A SECURE, CLIMATE-CONTROLLED DEVICE INSTALLED AT A FACILITY
 STAFFED TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER  WEEK,  INCLUDING  BUT
 NOT  LIMITED TO HOSPITALS, POLICE STATIONS, FIRE STATIONS, AND EMERGENCY
 MEDICAL SERVICE FACILITIES. SUCH DEVICE SHALL:
   (A) LOCK AUTOMATICALLY UPON PLACEMENT OF AN INFANT;
   (B) NOTIFY FACILITY PERSONNEL IMMEDIATELY UPON USE VIA ALARM OR  ALERT
 SYSTEM;
   (C)  BE  ACCESSIBLE  ONLY  FROM  THE  INTERIOR SIDE OF THE FACILITY BY
 AUTHORIZED STAFF;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13009-01-5
              

 A. 8649                             2
 
   (D) INCLUDE INTERIOR CUSHIONING AND TEMPERATURE REGULATION TO  PROTECT
 THE INFANT; AND
   (E)  BE  APPROVED  BY  AND  INSTALLED  IN  ACCORDANCE WITH REGULATIONS
 PROMULGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 3. Section 260.15 of the penal law, as amended by chapter 447 of the
 laws of 2010, is amended to read as follows:
 § 260.15 Endangering the welfare of a child; defense.
   1. In any prosecution for endangering the welfare of a child, pursuant
 to section 260.10 of this article, based  upon  an  alleged  failure  or
 refusal  to provide proper medical care or treatment to an ill child, it
 is an affirmative defense that the defendant (a) is a  parent,  guardian
 or  other person legally charged with the care or custody of such child;
 and (b) is a member or adherent of  an  organized  church  or  religious
 group  the  tenets  of which prescribe prayer as the principal treatment
 for illness; and (c) treated or caused such ill child to be  treated  in
 accordance with such tenets.
   2. A PERSON IS NOT GUILTY OF THE CRIME OF ENDANGERING THE WELFARE OF A
 CHILD  PURSUANT  TO SECTION 260.10 OF THIS ARTICLE BASED SOLELY UPON THE
 FACT THAT SUCH PERSON DELIVERS A CHILD NOT MORE THAN THIRTY DAYS OLD TO:
   (A) A SAFE HAVEN AS DEFINED UNDER SECTION THREE HUNDRED  SEVENTY-TWO-G
 OF THE SOCIAL SERVICES LAW, INCLUDING PLACEMENT OF THE CHILD INTO A SAFE
 HAVEN  BABY BOX AS DEFINED IN SUBDIVISION FOUR OF SUCH SECTION, PROVIDED
 THE BOX IS INSTALLED AT A FACILITY  THAT  IS  CONTINUOUSLY  STAFFED  AND
 AUTHORIZED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (B) NOTIFIES AN APPROPRIATE PERSON OF THE LOCATION OF THE CHILD IF THE
 CHILD IS NOT DIRECTLY HANDED TO A PERSON.
   §  4.  The office of children and family services shall promulgate any
 rules and regulations necessary to implement the provisions of this act,
 including minimum safety  standards,  training  for  staff,  and  public
 awareness campaigns.
   § 5. This act shall take effect immediately.