Ark. Code Ann. » Title 9 Chapter 34
Arkansas Code Annotated

Ark. Code Ann. § 9-34-202 (2026)

Delivery to medical provider, law enforcement agency, or fire department

✓ current as of May 2026
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  1. Any medical provider, law enforcement agency, or fire department shall take possession of a child who is thirty (30) days old or younger without a court order if the parent of the child, without expressing an intent to return for the child, leaves the child:
    1. With or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department; or
    2. In a newborn safety device that is:
      1. Voluntarily installed by the medical provider, law enforcement agency, or fire department;
      2. Physically located inside a hospital, law enforcement agency, or fire department that is staffed twenty-four (24) hours a day by a medical services provider; and
      3. Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department.
    1. A medical provider, law enforcement agency, or fire department that takes possession of a child under subsection (a) of this section shall perform any act necessary to protect the physical health and safety of the child.
    2. A medical provider, law enforcement agency, or fire department shall:
      1. Keep the identity of a parent who relinquishes a child under this section confidential; and
      2. Not release or otherwise make the identity of the parent available except to a:
  3. A medical provider, law enforcement agency, or fire department shall not be criminally or civilly liable for any good faith acts or omissions performed under this section.
  4. A medical provider, law enforcement agency, or fire department that voluntarily installs a newborn safety device shall:
    1. Be responsible for the cost of the installation; and
    2. Install an adequate dual alarm system connected to the physical location of the newborn safety device that is:
      1. Tested at least one (1) time per week to ensure the alarm system is in working order; and
      2. Visually checked at least two (2) times per day to ensure the alarm system is in working order.

History. Acts 2001, No. 236, § 1; 2013, No. 1004, § 1; 2019, No. 185, § 3.

Amendments. The 2013 amendment added (b)(2).

The 2019 amendment rewrote the section.

Case Notes

Cited: Burnette v. State, 354 Ark. 584, 127 S.W.3d 479 (2003).

Notes of Decisions
Cited in 2 cases, 2003–2004 · leading case: Burnette v. State, 127 S.W.3d 479 (Ark. 2003).
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Burnette v. State, 127 S.W.3d 479 (Ark. 2003). · cites it 4× “” See Ark. Code Ann. § 9-34-202 (a) (Repl. 2002) (allowing any medical provider or law enforcement agency to take possession of a child who is thirty (30) days old or younger if the child is left with or voluntarily delivered to the medical provider or law enforcement agency by…”
McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004). “01 (2001); Ark.Code Ann. § 9-34-202 (Michie 2001); Cal.”
Ark. Code Ann. § 9-34-202(a): 1 case
Burnette v. State, 127 S.W.3d 479 (Ark. 2003). “” See Ark. Code Ann. § 9-34-202 (a) (Repl. 2002) (allowing any medical provider or law enforcement agency to take possession of a child who is thirty (30) days old or younger if the child is left with or voluntarily delivered to the medical provider or law enforcement agency by…”
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