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