Senate Bill S7904

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7904
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2025
                                ___________
 
 Introduced  by  Sen.  CHAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee 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
              

 S. 7904                             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.