March 8, 2005
SUBJECT: Resolution Designating Sunnyvale Fire Stations as Safe Surrender Sites for Newborn Infants
REPORT IN BRIEF
The purpose of this report is to request Council adoption of a City of Sunnyvale Resolution (Attachment A) that designates six city-owned Fire Stations as Safe Surrender Sites.
BACKGROUND
In January 2001, the State of California adopted a Safely Surrendered Baby Law (also known as Safe Haven or Newborn Abandonment Law). This law authorizes the designation of locations where newborn infants (72 hours old or younger) may be confidentially surrendered by a parent or guardian having lawful custody, without fear of criminal prosecution. These designated “safe havens” are part of a statewide effort to enhance services to women of childbearing age and their families, and to address the tragic consequences of infant abandonment.
EXISTING POLICY
Law Enforcement Sub-Element
Goal 4.1B: Provide community oriented services that are responsive to citizen’s needs in traditionally non-criminal areas.
Policy 4.1B.1: Aid those who cannot care for themselves (intoxicated, addicted, mentally ill, physically disabled, the young, the old)
Fire Services Sub-Element
Goal 4.2B: Provide effective response capability for non-fire incidents that may directly endanger the lives, property, and well being of the community.
Policy 4.2B.a Provide immediate life support to those who are threatened by situations requiring emergency medical services or rescue.
DISCUSSION
The Safely Surrendered Baby Law provides complete immunity from criminal prosecution for persons who surrender a newborn within the confines of the law; therefore, Public Safety Officers would not be required to take any law enforcement action.
Consistent with this new law, the Santa Clara County Board of Supervisors recently passed a resolution authorizing all Fire Stations in Santa Clara County (when adopted by local Council resolution) to be designated as California Safe Surrender Sites. The Board of Supervisors is requesting that the City of Sunnyvale adopt a resolution that designates the six city-owned Fire Stations as Safe Surrender Sites.
Sunnyvale Public Safety Officers are trained to a level that will support implementation of the program, and as a program participant the Department would be included in an upcoming countywide public relations campaign that will promote the benefits of this new community-based program.
FISCAL IMPACT
The fiscal impact is minimal since the Safe Surrender Law does not require that specialized health and safety requirements be added to the city’s existing Fire Stations. Materials and supplies needed to implement the program will be absorbed into the Department of Public Safety training program.
Conclusion
In an effort to assure that no infants will be abandoned within the City of Sunnyvale, staff recommends that Council approve the proposed resolution designating the six city-owned Fire Stations as Safe Surrender Sites.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the city’s official notice bulletin board, posting of the agenda and report on the city’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s Office.
ALTERNATIVES
1. Council approves attached Resolution designating the six city-owned Fire Stations as Safe Surrender Sites.
2. Council not approve the attached Resolution.
RECOMMENDATION
Staff recommends Alternative #1.
Reviewed by:
Don Johnson, Director of Public Safety
Prepared by: Katherine Chappelear, Senior Management Analyst
Approved by:
Amy Chan
City Manager
Attachment
A. Resolution designating six city-owned Fire Stations as Safe Surrender Sites