01-21-2003 - Fire Stations Designated as Safe Havens• • City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGE FDA
and City Council
ITEM No. B-6a
FROM: Richard E. Greene, Fire Chief DATE January 21, 2003
SUBJECT: FIRE STATIONS DESIGNATED AS ®PRINTED ON RECYCLED PAPER
SAFE HAVENS
RECOMMENDATION: �a�3
2
It is recommended that the City Council adopted the proposed resolution, ATTACHMENT A,
requesting the Los Angeles County Board of Supervisors designate West Covina Fire Stations as
Safe Haven locations.
DISCUSSION:
I
The Newborn Abandonment Law, in effect since January 1, 2001, authorizes the County Board
of Supervisors to designate locations where newborns (less than 72 hours) may be surrendered
by a parent or other person having lawful custody of that child without criminal prosecution.
These "Safe Havens" are a part of a major countywide effort to end child abandonment.
According to the Department of Health Services, there were 14 abandoned infants who were
discovered in Los Angeles County in 2001, leaving the actual number of such infants unknown.
Infants who are left with fire personnel will be assessed by fire personnel and transported to the
appropriate receiving hospital where custody will be transferred to a designated hospital
employee. Personnel will attempt to provide the surrendering party a medical questionnaire,
ankle bracelet for identification purposes, and information regarding the program. The baby will
be provided an ankle bracelet for identification purposes. Other than the costs associated with
such a transfer, there will be a very minor cost associated with training our personnel on
procedures.
The adoption of this program may lead to a slight increase in the risk of liability to the City.
There are two areas of potential increased liability: 1) Health and Safety Code § 1255.7(b)
mandates that the City, in accepting children under the program, is required to "provide a
medical screening examination and any necessary medical care to the minor child". While the
legislation recognizes that this is a state mandated program and that a State Mandate Claims
Fund must be established in an amount not to exceed $1,000,000 to cover the statewide costs, it
cannot be determined at this point whether the amount placed into the fund will be sufficient to
cover all claims. While the statute is silent as to whether this liability terminates upon giving the
child to the Los Angeles County Children Protective Services, it is doubtful that liability would
extend beyond the time that the City transferred the child to Protective Services. 2) Subsection
(g) of the statute states that an entity that provides this service is not immune from personal
injury or wrongful death including medical malpractice.
The City Attorney's Office has reviewed these provisions of the law and has determined the risk
for increased potential liability is small because the legislation requires that the entity, which
accepts the child, must turn the child over to Protective Services within 48 hours. In practice, the
risk of liability is greatly reduced because the City will immediately give the child to Children
Protective Services.
With your approval, the Fire Department will commence the County approval process and begin
development of procedures and training. Information about our participation in the program will
be made public upon approval by the County of the City's request.
E
FISCAL IMPACT:
The fiscal impact of the proposal is minimal. There will be minor training costs that will be
absorbed into the training budget account #110-320-2181-6020 and minimal supply costs of
forms absorbed into the office supplies account #110-320-2181-6210. In the event that a child is
surrendered the Fire Department will provide treatment and the ambulance provider responding
will provide transport to an area hospital.
Prepared by/ Rick Genovese
Asst. Chief
Reviewed & Approved by:
C. Attorney
RG:ck
Attachment: Safe Haven Resolution
Reviewed & Approved by: Richard Greene
Fire Chief