The County of Santa Clara District Attorney's Office with the cooperation of Law Enforcement and numerous government agencies has implemented protocols that commits the signatory agencies to:
- conduct prompt and thorough investigations of child abuse, endangerment and neglect cases;
- reduce trauma to victimized, children;
- cooperate effectively to investigate, prosecute and prevent child abuse, endangerment and neglect within the County of Santa Clara;
- train employees on recognition and investigation of child abuse, endangerment and neglect.
For more information on preventing and reporting child abuse, along with commonly asked questions, contact information, and useful links please visit the County of Santa Clara Department of Social Services.
Confidential birth
California State law provides for confidential births. The law also permits the parent to surrender, at any authorized medical facility, a newborn infant within three days of birth. Hospital staff may be expected to ask questions about the infant's health, but the parent may lawfully refuse to answer those questions. The parent may reclaim the infant within 14 days.
The voluntary surrender of an infant does not, by itself, require the hospital staff to report child abuse or neglect, even if the infant is born with a controlled substance in its blood or urine. Persons accepting such infants in good faith that state law has been followed will not be subject to civil, criminal or administrative penalties.
A pregnant person who tries to deliver their own babies without medical attention risk their lives and the lives of their babies. Despite the protections of state law, tragic cases continue to occur throughout the state when fearful pregnant people avoid medical help with their pregnancies. All pregnant people should see a doctor. Any pregnant person in labor should immediately go to the nearest hospital. No one there will notify their parents, or anyone else without their consent.
The applicable law can be found in the Penal Code section 271.5 and the Health and Safety Code section 1255.7.
