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HomeMy WebLinkAboutCC Resolution 11438 (Fire Stations; Safely Surrender a Child)RESOLUTION NO. 11438 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MARIN COUNTY BOARD OF SUPERVISORS TO DESIGNATE FIRE STATIONS LOCATED WITHIN THE JURISDICTION OF THE CITY OF SAN RAFAEL AS PERMISSIBLE LOCATIONS TO SAFELY SURRENDER A CHILD 72 HOURS OLD OR LESS WITHOUT CRIMINAL PROSECUTION OF CHILD ABANDONMENT UNDER PENAL CODE SECTION 271.5 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, Abandoned newborn babies in California frequently die before being discovered; and WHEREAS, Sections of the California Health and Safety Code and Penal Code may have prevented desperate people from behaving in a humane and responsible manner in protecting the life of their newborn baby; and WHEREAS, in 2001, the California Health and Safety Code and the Penal Code were amended through legislation known as the "Safely Surrendered Babies" or "Safe Haven" legislation to provide a life -preserving alternative for parents in crisis who contemplate abandoning their 72 hours old and younger newborns in dangerous circumstances by allowing them, instead, to surrender them in a safe and legal manner; and WHEREAS, The Safe Haven legislation provides for an expressly described process that permits the surrender of these infants to identified authorized locations and designated staff so long as certain conditions are met; and WHEREAS, Penal Code section 271.5 now allows a parent or other person with lawful custody of minor child 72 hours old and younger, to voluntarily surrender that child to any employee, designated under that section, on duty at a public or private hospital emergency room, or at any other location designated by the Board of Supervisors by resolution, without criminal liability for child abandonment; and WHEREAS, the vast majority of firefighters are certified emergency medical technicians or paramedics and have the necessary training and experience to respond to and appropriately care for these surrendered newborns; and WHEREAS, Designating Fire Stations located within the jurisdiction of the City of San Rafael as Safe Haven sites will expand access for parents and other adults with legal custody of an infant 72 hours old and under to locations where they may safely and permissibly surrender their newborns in Marin County; and WHEREAS, The City of San Rafael desires to have The Marin County Board of Supervisors designate all Fire Stations located within the jurisdiction of The City of San Rafael as Safe Havens within the meaning of Penal Code section 271.5; and WHEREAS, The City of San Rafael does not intend by this resolution to hold The County of Marin responsible or liable in any manner for, nor shall The County of Marin be required to indemnify or defend, any action or omission of The City of San Rafael and or its Fire Stations by virtue of the Marin County Board of Supervisors' act in adopting a resolution that designates The City of San Rafael Fire Stations as Safe Havens in this resolution; and WHEREAS, The City of San Rafael agrees to indemnify, defend and hold County of Marin harmless from any and all liability including, but not limited to, litigation costs and attorney's fees which City of San Rafael may incur as a consequence of the designation of City of San Rafael's Fire Stations as Safe Havens and from any and all claims and losses to anyone who may be injured or damaged by reason of any willful misconduct or negligent performance regarding the operation of the Safe Haven programs within the jurisdiction and control of City of San Rafael. WHEREAS, Penal Code section 271.5 expressly provides for designation of the class of employees required to take custody of these children; and WHEREAS, Penal Code section 271.5 provides for a "sunset" clause which repeals this section on January 1, 2006, unless a later enacted statute extends or deletes that date; and WHEREAS, Newborns abandoned at a designated Safe Haven Fire Station located within the jurisdiction and control of City of San Rafael while the Station is unattended, or with no attempt by the adult to relinquish the newborn to the designated personnel at the Station, will be considered abandoned and the adult may still face prosecution for child abandonment. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of San Rafael hereby requests that, and authorizes The County of Marin to designate the Fire Stations located within the jurisdiction of The City of San Rafael as Safe Havens under Penal Code section 271.5, effective upon the completion of training and receipt of materials required under the Code; and BE IT FURTHER RESOLVED the Firefighter(s) is (are) hereby designated as the class(es) of employee(s) required to take custody of the minor children surrendered pursuant to Penal Code section 271.5; and BE IT FURTHER RESOLVED that for purposes of this resolution only, "Fire Stations" shall mean locations that are staffed by Firefighters on a 24 hour basis who respond to emergency medical care, and BE IT FURTHER RESOLVED that it is not in any way intended by this resolution that The County of Marin shall assume any responsibility or liability for the operation and conduct of any Safe Haven located at Fire Stations within the jurisdiction of The City of San Rafael; and BE IT FURTHER RESOLVED The City of San Rafael will indemnify, defend and hold The County of Marin harmless from any and all liability including but not limited to, litigation costs and attorney's fees which The City of San Rafael may incur as a consequence of the designation of its Fire Stations as Safe Havens and from any and all claims and losses to anyone who may be injured or damaged by reason of any misconduct or negligent performance regarding the operation of the Safe Haven programs within The City of San Rafael. BE IT FURTHER RESOLVED that this resolution shall remain in full force and effect until such time as the Penal Code section 271.5 is repealed by operation of law on January 1, 2006 unless a later enacted statute extends or deletes that date, or until such time as The County of Marin repeals it's resolution designating the Fire Stations of The City of San Rafael, whichever is earlier. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on November 17, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE — M. LEONCINI, City Clerk