County of Santa Clara
Office of the Board of Supervisors
county Government Center. East Wing .
70 West ueddlng Street, 10th Floor
San Jose.California os i 10

Supplemental Information No. _|

(408)299-5040

1

THIS RELATES TO;
a~3.3artltem No.

n

m

:

Fax:(408)299-2038 TDD 993-8272
wwwjlmboall.org

James T.BeaiU Jr.

Supervisor Fourth District

MEMORANDUM
November 23,2004
TO:

Board of Supervisors

FROM:

JamesT.Beall,Jr.
//jL/yt.
Supervisor, District
Chairperson,Safe Haven^&k Force

RE:

Recommendations

7-

e Safe Haven Task Force

RECOMMENDED ACTION

Consider recommendations proposed by the Safe Haven Task Force to raise public
awareness of the Safely Surrendered Baby Law,
POSSIBLE ACTIONS:

A. Approve short-term recommendations not requiring additional resources for
immediate implementation.
1.

to
The Office of the County Executive is to designate a County department
s and

coordinate the implementation of the Task Force's recommendation
convene its Steering Committee,

2. Encourage all jurisdictions to pass Safe Haven resolutions.

3. The Fire Department is to implement the Safe Haven protocol and procedure,
county
and provide "Newborn Safe Surrender Kit" and signs toasallsafe
surrender
departments and other jurisdictions that are designated
the County of
baby sites. There are approximately 95 fire stations within
Santa Clara. The County Fire Department will provide a state approved Safe
1
Add Frofl Paper

Surrender Baby sign and two kits each to the designated fire stations and 30
kits to the Anrierican Medical Response who will transport the baby to the

hospital. Each kit will include a pair of identifying wrist bands for the
surrendering party and an anklet for the baby, medical questionnaire and
instructions. The Valley Medical Center will provide the wrist bands and
anklets to the County Fire Department. The Safe Surrender Baby signs will
cost $20 each for 95 fire stations totaling $1,900. The County Fire

Department has agreed to absorb the cost of Safely Surrender Baby signs.
4.

Consider allowing all Santa Clara County jurisdictions' fire departments to

respond to 911 calls as an option for surrendering a newborn.
5.

Build on the State's $1 million investment in the Safely Surrendered Baby
Law Public Awareness campaign.

6.
7.

Establish partnerships to advance public information campaign.
On an interim basis, continue to disseminate existing materials developed by
the State.

8.

Develop a flow chart of safe surrender process for all affected county

agencies and relevant non-county entities who may be involved in the act of
surrender. For example,an employee of a community based organization
may act as a good Samaritan. The safe surrender process must be accessible
and sensitive to the surrendering party.

9.

Assemble a training team to train and educate those distributing Safely
Surrendered Baby Law information.

10.

Train personnel and staff likely to receive infant using the county-provided

kits and signs.

11.

Develop a process for reclaiming a baby within the guidelines set forth by
California Department of Social Services and Safely Surrendered Baby Law.
process,information
This may include information on parental reunification
and a mechanism to
and resources on medical and mental health services

involve Child Protective Services.
12.

Inform Child Protective Services, hospitals and law enforcement of the first

13.

Develop a communication mechanism within and across sites on procedures

14.

and provide feedback after an incident.
Collaborate with the community clinics in their role and function as

responder's protocols.

15.

secondary safe surrender baby sites to ensure consistency and seamless
process.
Formalize agreement with the community clinics in the development of

16.

cotmtywide protocols and staff training.
Conduct a safe surrender drill at the Valley Medical Center involving all

necessary key players,and hold a debriefing after the drill to share

information with other hospitals and key players.

2

17. Convene all hospitals in Santa Clara County to review and share information
on policies and procedures in order to develop, revise and update them as
needed.

18. Provide and mail postage-paid packets of medical questionnaire to the
hospitals for their anonymous completion.

19. Support or sponsor a legislative action to extend the sunset date of Safe
Surrender Baby Law. The Law will sunset January 2006.

20. Include in legislation extending or lifting the sunset on Safely Surrendered
Baby Law,funding for a university- based statewide data analysis of risk
factors associated with women who relinquish their babies, a population

profile, and inventory of what other counties are implementing.
21. Provide semi-annual report back to the Board of Supervisors on the
implementation progress of the Safe Haven resolution.

B. Approve moderate-term recommendations requiring strategic and budget
planning or additional resources that ensure successful public awareness of the
Safely Surrendered Baby Law.

22. Create a Steering Committee to oversee development of public awareness
campaign.

23. Create a fundraising committee to explore and secure funding for
information campaign.

24. Obtain technical assistance to develop protocols.

25. Retain a public relations agency to develop a culturally sensitive media
campaign.

26. Work with a public relations agency to develop and implement a public
awareness campaign for SSB Law.

27. Create standard logo,images and name to be used in the campaign and at
SSB websites.

28, Create a website providing information on SSB Law,Safe Surrender sites,
help line and download-able training materials.
FISCAL IMPACT

At this time no general fund impact exists.

Safe Haven Task Force has developed two categories of recommendations:

A. Recommendations not requiring additional resources for immediate
implementation.

B, Recommendations requiring strategic planning and budget resources. The

departments designated as responsible for implementing the recommendations
will include cost impacts within department budgets submitted during the
3

annual budget process. These costs will be reviewed by the Board of Supervisors

at policy committees,budget workshops,and budget hearings.
The County Fire Department has agreed to absorb the anticipated $1,900 one-time
cost of providing Safely Surrendered Baby Kits and signs to all fire stations within
the county.

The Safe Haven Task Force recommends cost-effective collaboration by leveraging

currently existing resources through partnerships that would include but are not
limited to the adjacent counties to the County of Santa Clara,commrmity based

organizations, cities, and the First Five Commission of Santa Clara County. The

Office of the County Executive will lead the effort to explore alternative funding

sources to help mitigate the fiscal impact to the County and our community-based

partners. It is anticipated that the outside funding sources could potentially include
grants from First Five Commission,foundations, and baby-oriented private

corporations.

BACKGROUND

As of July 2004,four infants have been abandoned in Santa Clara County. In three

cases,the infants were found dead. In June 2003 a stillborn was found in City of

Milpitas. On June 13,2004 the mother complied with aspects of the law although she
did not release the baby in San Jose at a Safe Haven site. On July 8 and 18,2004 two

infants were discovered dead in the City of Palo Alto. Reports indicate that those
who abandoned the infants were not aware of the law that could have kept these
babies alive.

Legislation has clearly defined requirements for safe surrender of infants. The Safely
Surrendered Baby Law (SB 1368), which went into effect on January 1,2001,allows a
parent or legal guardian to confidentially surrender a newborn infant,72 hours old
yotmger, without any fear of arrest or prosecution for child abandonment to any
staff at a hospital emergency room or other designated Safe Surrender sites as long as
the baby has not been abused or neglected. Thereafter, additional legislation
approved on August 1,2003. SB 139 requires the safe surrender baby sites to use
or

was

statewide logo and authorizes the Board of Supervisors to designate safe baby
surrender sites. Finally in July 2004, the "Good Samaritan" Liability(SB 1413) was
approved. This law indicates that a "person who in good faith, provides assistance

in safe surrendering an infant shall not be civilly liable."

Due to the disturbing incidents of the past year Supervisor Beall believes that the

County must increase countywide efforts to broaden understanding of the Safely
Surrendered Baby Law, On August 3,2004, the Board of Supervisors accepted a
4

referral from Supervisor Beall and approved his request to direct the Administration
to collaborate the local municipalities to include city fire stations as '"Safe Haven"

sites, approved the creation of a Safe Haven Task Force consisting of diverse and
ethnic stakeholders to develop recommendations to reach goal of no babies being
abandoned in Santa Clara County,and approved the appointment of Supervisor
Beall as Chairperson of the Safe Haven Taskforce.

On September 14,2004, the Board of Supervisors adopted a resolution directing the
Fire Chief to implement the Safely Surrendered Baby Law at District fire stations
throughout the County of Santa Clara to allow the safe and confidential release of
newborn infants. The Board also directed the Fire Chief to ensure that staffs at each

fire station "Safe Surrender" site are trained to take physical custody of a newborn

pursuant to Health and Safety Code section 1255.7, and to prominently display the

statewide approved Safe Surrender logo at each "Safe Surrender" site.
Safe Haven Taskforce(SHTF)Process and Highlights

In late August 2004,Patricia Kelsaw,a consultant for Safe Haven Task Force was
selected by the Department of Public Health. A n ad-hoc plarming committee
(Sandra Nathan, Ashlee Oh,Sandra Trafalis, Frank Motta, and Dolores Alvarado)
met to develop the Safe Haven Task Force and its four subcommittees, project
timelines, deliverables, and information templates.

Supervisor Beall chaired the Task Force with over 60 agencies represented from cities,
fire departments,county departments,faith based organizations, community based
organizations,foster parents, and community at large. The Task Force met on three
occasions (September 16, October 13 and November 3,2004)to review the
background of the Safe Surrender Baby Law,identify its charges, roles and
responsibilities and those of the subcommittees,and to develop recommendations for
full Board of Supervisors review and approval.

In addition to the full Task Force meetings, the four subcommittees (Policy and

Legislation, Health and Human Services,Public Safety, and Media,Education and

Outreach) each met 4 to 5 times to identify additional stakeholders, evaluate current

issues, and formulate preliminary recommendations.

Due to the leadership and advocacy of the Task Force, the Cities of Milpitas, Gilroy,
San Jose,Saratoga, and Cupertino have adopted resolutions stating their intent to

participate in the Safely Surrendered Baby Law and requesting designation of Safe

Haven sites. The Cities of Los Altos, Campbell and Los Gatos have agendized the

resolution, and the remaining cities are either in the process of adopting a resolution
or

anticipating designation as a Board approved Safe Haven site.

5

Safe Haven Taskforce(SHTF)Findings

Since the passage of SB 1368 in January 2001,Santa Clara county emergency rooms

automatically were designated as "Safe Haven" sites. Local implementation had

included the dissemination of state-developed training materials for initial outreach,

establishment of policies at hospitals for abandonment of infants. Since Jrme 2004,

greater outreach and education to community-based organizations, hospitals, and
health fairs have occurred. This increased outreach effort was accomplished through

a partnership between the Public Health Department,Social Services Agency and the
First Five Commission. With the recent designation of County district fire stations as
additional Safe Haven sites and the creation of the Safe Haven Task Force,the

County took a further step in strengthening the preventative aspect of the Safe
Surrendered Baby Law,enhancing services to women of child-bearing age and their
families,and designing and implementing public information campaign.

To achieve the goal of no babies being abandoned in tlie County,the Safe Haven
Task Force made comprehensive recommendations as outlined below. They are
categorized as(a)Short-term recommendations,relevant to both the primary safe
surrender sites (hospitals, fire stations and ambulance vehicles) and the secondary
safe surrender sites(Community based organizations,faith-based organizations,etc),
and (b)Moderate-term recommendations that require further strategic planning and
or budget planning.
A. Short-Term Recommendations
1.

The Office of the County Executive is to designate a County department to
coordinate the implementation of the Task Force's recommendations and
convene its Steering Committee.

2.

3.

Encourage all jurisdictions to pass Safe Haven resolutions.

The Fire Department is to implement the Safe Haven protocol and procedure,
and provide "Newborn Safe Surrender Kit" and signs to all county

departments and other jurisdictions that are designated as safe surrender baby

sites. There are approximately 95 fire stations within the County of Santa
Clara. The County Fire Department will provide a state approved Safe

Surrender Baby sign and two kits each to the designated fire stations and 30
kits to the American Medical Response who will transport the baby to the
hospital. Each kit will include a pair of identifying wrist bands for the
and
surrendering party and an anklet for the baby, medical questionnaire and
The Valley Medical Center will provide the wrist bands
anklets to the County Fire Department. The Safe Surrender Baby signs will

instructions.

cost $20 each for 95 fire stations totaling $1,900. The County Fire Department
4.

has agreed to absorb the cost of Safely Surrender Baby signs.
Consider allowing all Santa Clara County jurisdictions' fire departments to
respond to 911 calls as an option for surrendering a newborn.

6

5. Build on the State's $1 million investment in the Safely Surrendered Baby Law
Public Awareness campaign,

6. Establish partnerships to advance public information campaign.
7. On an interim basis, continue to disseminate existing materials developed by
the State.

8. Develop a flow chart of safe surrender process for all affected county agencies
and relevant non-county entities who may be involved in the act of surrender.
For example,an employee of a community based organization may act
good Samaritan. The safe surrender process must be accessible and sensitive
as a

to the surrendering party.

9. Assemble a training team to train and educate those distributing Safely
Surrendered Baby Law information.

10. Train personnel and staff likely to receive infant using the county-provided
kits and signs.

11. Develop a process for reclaiming a baby within the guidelines set forth by
California Department of Social Services and Safely Surrendered Baby Law.
This may include information on parental reunification process,information
and resources on medical and mental health services and a mechanism to

involve Child Protective Services.

12. Inform Child Protective Services, hospitals and law enforcement of the first
responder's protocols.

13. Develop a communication mechanism within and across sites on procedures
and provide feedback after an incident.

14. Collaborate with the community clinics in their role and function as secondary
safe surrender baby sites to ensure consistency and seamless process.

15. Formalize agreement with the community clinics in the development of

countywide protocols and staff training.
16. Conduct a safe surrender drill at the Valley Medical Center involving all

necessary key players,and hold a debriefing after the drill to share
information with other hospitals and key players.
17. Convene all hospitals in Santa Clara County to review and share information
on policies and procedures in order to develop, revise and update them as
needed.

18. Provide and mail postage-paid packets of medical questionnaire to the
hospitals for their anonymous completion.
19. Support or sponsor a legislative action to extend the sunset date of Safe
Surrender Baby Law. The Law will sunset January 2006.
20.Include in legislation extending or lifting the sunset on Safely Surrendered

Baby Law,funding for a university- based statewide data analysis of risk

factors associated with women who relinquish their babies,a population

profile, and inventory of what other counties are implementing.
21.Provide semi-annual report back to the Board of Supervisors on the
implementation progress of the Safe Haven resolution.
7

B. Moderate-Term Recommendations:

22. Create a Steering Committee to oversee development of public awareness
campaign.

23. Create a fundraising committee to explore and secure funding for information
campaign.

24. Obtain technical assistance to develop protocols.

25. Retain a public relations agency to develop a culturally sensitive media
campaign.

26. Work with a public relations agency to develop and implement a public
awareness campaign for SSB Law.

27. Create standard logo,images and name to be used in the campaign and at SSB
websites,

28. Create a website providing information on SSB Law,Safe Surrender sites, help
line and download-able training materials.

REASONS FOR RECOMMENDATION

Approval of the recommendations will significantly improve public awareness,
all essential factors in
access to sites, preparation and training of first responders,
due
fulfilling the goal of preventing any future baby deaths to abandonment in Santa
Clara County.

The County of Santa Clara is well known for its emphasis on prevention and early-

intervention through innovative collaborations with private and public agencies.
The Safe Haven Task Force prioritized the use of a prevention-oriented focus to
achieve the goal of no babies ever being abandoned in Santa Clara County.
Furtlaermore,the Task Force proposes that the recommendattons be integrated into
Board of Supervisors
the currently existing services where appropriate. As theconcerted
effort in order to
directed,the Task Force emphasized a community-wide

expeditiously and effectively enhance public awareness of the Safe Haven Law.

and implementing
The County must be aggressive and strategic in developingcollaborative
efforts will
preventive measures of the Safe Haven Law. Countywide
ensure the most expeditious and effective means of strengthening the preventive
facet of the Safe Haven Law;enhancing services to women of childbearing age and
their families; and designing and implementing a widespread public information
campaign. Lastly,expanding access to and increase in the numbers of safe

comfortable releasing an infant
surrender baby sites, locations where residents feel
while ensuring confidentiality, will significantly maximize the possibility of
successful baby surrender rather than abandonment.

8

ACKNOWLEDGEMENT

The Safe Haven Task Force would like to acknowledge every member of the Task

Force and staff for their participation and commitment though out the process.

9

CITY OF SAN JOSE,CALIFORNIA
Office of the City Clerk
200 East Santa Clara St., City Hall Wing
San Jose, California 95113-1905

Telephone:(408)535-1255
FAX:(408) 292-6207
CITY CLERK

CITY CALENDAR

WEEK OF OCTOBER 16-20, 2006

CITY COUNCIL MEETINGS

October 17, 2006

Closed Session

9:30 a.m.

City Hall Tower, 18*
Floor

October 17, 2006

Regular Session

1:30 p.m.

City Hall Council
Chambers

General Plan Hearings: October 24, 2006, November 14, 2006, December 5, 2006 and
December 12, 2006.

Canceled City Council Meetings for 2006 AND 2007; November 7, 2006, November 28, 2006,
December 19, 2006, December 26, 2006, AND

January 2, 2007, and January 16, 2007.

STUDY SESSIONS

October 20, 2006

Evergreen East Hills Vision

9:00 a.m. -

City Hall Council

Strategy

12:00 Noon

Chambers

General Plan Study Session

9:00 a.m. -

City Hall Council

Future Meetings:

October 27, 2006
November 16, 2006

12:00 Noon

Chambers

Getting Families Back to Work

8:30 a.m. -

Room W118-120

Getting Families Back to Work

8:30 a.m. -

12:00 Noon

November 17, 2006

Room W118-120

1:00 p.m.
November 30, 2006
December 15, 2006

January 25, 2007

Provisions of a Draft Sunshine

9:00 a.m. -

City Hall Council

Ordinance

12:00 Noon

Chambers

Coyote Valley Specific Plan

9:00 a.m. -

City Hall Council

12:00 Noon

Chambers

Solar and Energy Issues

9:00 a.m. -

City Hall Council

12:00 Noon

Chambers

10/13/06

COUNCIL STANDING COMMITTEE MEETINGS

October 16, 2006
October 18, 2006
October 19, 2006

Building Strong Neighborhoods
Rules

Making Government Work Better

1:30 p.m.
2:00 p.m.
1:30 p.m.

Room W119

4:00 p.m.
1:30 p.m.

Room T332

Room W118-119
Room W119

COMMISSION/COMMITTEE & AGENCY MEETINGS
October 16, 2006
October 17, 2006

Disability Advisory
Redevelopment

City Hall Council
Chambers

October
October
October
October
October

18, 2006
18, 2006
19, 2006
19, 2006
19, 2006

San Jose Beautiful
Parks 86 Recreation

Mobile Home Advisory
Human Rights
Traffic Appeals

3:00
5:00
5:00
6:30
7:00

p.m.
p.m.
p.m.
p.m.
p.m.

4 No. 2"d

6:30
8:30
6:30
8:30

p.m. p.m.
p.m. p.m.

Room W118-120

Room T955

Room T1254
Room T550

4 N. 2-^^ St., Suite 1000

OTHER MEETINGS OF INTEREST

October 19, 2006

Sunshine Reform Task Force

December 7, 2006

AB1234 State Mandated Ethics

Training

Room W119-120

COMMISSION/COMMITTEE VACANCIES

Applications are being accepted for

Deadline to Apply

the following Commissions:

Council Salary Setting Commission
2 Terms Ending 12/21/10

10/13/06

Application forms and further information may be obtained from the Office of the City Clerk, 200
East Santa Clara Street, City Hall Wing,(408) 535-1252.
CITY COUNCIL PUBLIC HEARINGS SET BY CITY CLERK
HEARING DATE

a.

Consideration of an ordinance rezoning the real property located on the west side of South 9*

Street approximately 90 feet south of E. William Street from A(PD) Planned Development Zoning
District to A(PD) Planned Development Zoning District and Planned Development Permit to add
one manager’s unit to 59 previously approved efficiency living units for a total of 60 efficiency
living units on a 0.34 gross acre site (525 S. 9* St.) (City of San Jose, A Muni Corp, Owner;
First community Housing, Jeff Oberdorfer, Developer). SNI: University. CEQA: Exempt.

PDC06-099/PD06-047 - District 3

11/14/06 - 7:00 p.m.

b. Consideration of a director initiated prezoning ordinance prezoning an approximately 15.3 gross
acre area

consisting of 2 parcels for the real property located on the southeast corner of Capitol

Avenue and Hostetter Road from Unicorporated County to RM Multiple Residence Zoning

District (1587 N. Capitol Avenue)(Clara Bianchi, Trustee and Valley Transportation Authority,
Owners). CEQA: Resolution No. 65459.
C06-074 - District 4

11/14/06 - 7:00 p.m.

10/13/06