8. Act of 1974, Gov. Code §87100, which was approved on March 21, 1989 by

R1

The Grand Jury recommends that no changes be made to the Form 700 filing requirements for Grand Jurors. (Findings 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13).

R3

The Grand Jury recommends that all safe-surrender sites and local hospitals provide at least one in-service training session per year to inform personnel of this code. (Findings 3, 5, 6) Response (Sheriff): This recommendation is directed to safe-surrender sites and local hospitals. Response (Public Health): The specific recommendation will not be implemented because it is not warranted as it is directed at the safe surrender sites and local hospitals. However, Public Health staff will also be provided with annual in-service training about the Safely Surrendered Baby Law and safe-surrender sites within Mendocino County within the 2005 calendar year. Response (Social Services): This recommendation is not being implemented by the Mendocino County Department of Social Services because it is directed to local hospitals. The Department is willing to assist the hospitals, if requested by them, in implementing annual in- service training on the safe surrender program. The Department includes information on the safe surrender law as part of staff training for Children’s Services emergency response services. Response (Board of Supervisors): The BOS agrees in part, with the recommendation relative to Departments within Mendocino County. The BOS supports the assistance by Mendocino County Departments, upon request, of local hospitals and safe-surrender sites regarding the implementation of annual in-service training.

R2

The Grand Jury recommends that each Grand Jury Foreperson ensure timely filings of Form 700 by all Grand Jurors. (Findings 5, 6, 7, 8, 9, 10, 11, 12, 13). Response Required Mendocino County Board of Supervisors Mendocino County District Attorney Mendocino County Counsel Response Requested Mendocino County Clerk-Recorder Safe-surrender Sites for Abandoned Newborns (December 29, 2004) Summary “Every safely surrendered infant is a success.” -- Garrison Frost, LA County’s First Five Commission Sparking the label “No Shame, No Blame,” the State of California acted in 2001 to amend the Health and Safety Code and the Penal Code to ensure that parents or individuals who have lawful custody of a child could deliver an unwanted newborn infant safely and without penalty to welcoming and prepared institutions. The objective of the Grand Jury investigation was to examine Mendocino County’s response to this legislation. The Grand Jury found that some effort had been made to protect these innocent lives. For the most part, however, nothing has been done by the Board of Supervisors (BOS) to ensure that safe-surrender sites have been established and publicized in Mendocino County. It is the hope of this Grand Jury that this report will help to make all hospitals safe surrender sites. In addition, it is recommended that 911 emergency phone calls be dispatched appropriately to address safe surrender emergencies. The State of California provides free educational materials in English and Spanish to all counties. The Grand Jury urges the BOS to ensure that these materials are placed in locations in which they will be readily available to those in need, and to take all necessary steps to comply with this legislation.

R4

The Grand Jury recommends that the BOS require that emergency 911 calls regarding abandonment of a newborn be routed to proper medical personnel rather than uniformed officers. (Finding 7) Response (Sheriff): As with Recommendation #2, the Board of Supervisors lacks the authority to implement this recommendation. This recommendation requires further analysis prior to any changes in Sheriff’s Office dispatch protocols. In particular, this recommendation requires a clarification of how the Grand Jury interprets the term, “abandonment.” As noted my response to Finding #7, abandonment of a newborn is a felony. Law enforcement must respond to these incidents. Given the possibility of medical complications and the fact that patrol cars are not equipped to transport newborns, common sense dictates that an ambulance should also be summoned. However it appears that the Grand Jury may have used the term, “abandonment,” to describe calls involving the surrender of a newborn. Following the release of this report, a Grand Jury member stated that the basis for this recommendation was the Grand Jury’s concern that a woman seeking to surrender her child might flee at the sight of a patrol car but not at the sight of an approaching ambulance. This may be true, but even in this scenario, dispatching an ambulance by itself as a mobile safe-surrender site is not necessarily the most appropriate response. A dispatcher’s first consideration when receiving a call from someone who wants to abandon or surrender a newborn must be the safety of the newborn. The caller may only need directions to a safe-surrender site. However if the caller gives any indication that their safety or the safety of the newborn is in peril, then law enforcement should be dispatched. An ambulance should also be dispatched, but they will generally not enter until law enforcement has secured the scene. The safe surrender dispatch guidelines currently under development will address circumstances in which it is appropriate to dispatch a peace officer, an ambulance or both. Response (Public Health): This department will not be acting on this specific recommendation, as it is not applicable to this department. The Public Health Department does not have medical personnel on call 24 hours a day for this purpose. We believe that Child Protective Services staff are the appropriate responders in conjunction with the uniformed officers. Response (Social Services): This recommendation is not being implemented by the Mendocino County Department of Social Services because it is beyond the Department’s scope. The Department will coordinate its 24-hour Children’s Services emergency response services with the safe surrender dispatch guidelines being developed by the Sheriff’s Office. Response (Board of Supervisors): The BOS agrees with the response represented by the Sheriff’s Department. The recommendation will not be implemented because it is outside the jurisdiction of the BOS.

R6

The Grand Jury recommends that all educational materials list the locations of the "safe-surrender sites" within the county. (Finding 8) Response (Sheriff): This recommendation requires further analysis. The State Department of Social Services website has downloadable brochures describing the safe-surrender law (http://www.babysafe.ca.gov). The text of the brochures clearly identifies hospital emergency rooms as safe-surrender sites. These sites are already well-known in the community. The brochure also states, “If there are additional places, they will be listed on this brochure.” Until such time as the Board of Supervisors designates additional sites, then there is nothing else to list. Response (Public Health): The recommendation has not yet been implemented, but will be implemented in the future. Although the posters on the Safely Surrender Baby Law that Public Health displays identify “hospital emergency rooms” as the county’s safe-surrender sites, the specific names and addresses of the three hospitals in the county will be added to the posters by March 31, 2005. If other safe-surrender sites are added by the BOS, those will also be added to the posters of the designation. Response (Social Services): This recommendation will be implemented as follows: The Mendocino County Department of Social Services will develop or alter educational materials to list the locations by May 31,

R5

The Grand Jury recommends that a concerted effort be made to post educational materials at locations where they will do the most good, e.g., homeless shelters, medical clinics, food banks, post offices, service agencies, libraries, middle schools, and high schools. (Finding 9). Response (Sheriff): This recommendation has not yet been implemented at the Sheriff’s Office, but will be implemented in the near future. As noted in my response to Finding #9, a supply of safe-surrender educational literature will be ordered for Sheriff’s Office facilities. The materials should be on display no later than March 1, 2005. Response (Public Health): The recommendation has been implemented in this department. Mendocino County Department of Public Health will continue to display the English and Spanish Safely Surrender Baby posters in the Public Health Clinics and/or WIC waiting areas at 1120 S. Dora Street in Ukiah where services for Family Planning, pregnancy testing, sexually transmitted infections, immunizations and/or WIC are provided. Public Health will also determine whether space is available to post these materials at the Willits and/or Fort Bragg Public Health offices. Public Health staff will provide information on the Safely Surrender Baby Law to clients as appropriate, and to other agencies via existing committees and collaboratives. Response (Social Services): This recommendation will be implemented as follows: The Mendocino County Department of Social Services will develop a plan for distribution and posting of materials by April 30, 2005 and will complete the distribution and posting, in coordination with the sites and agencies listed, by June 30, 2005. Response (Board of Supervisors): The BOS agrees with this recommendation.

R7

The Grand Jury strongly encourages the general public to contact their state representatives to request that the Abandonment of Newborns Bill be extended beyond January 1, 2006 (Finding 10). Response (Sheriff): This recommendation has not been implemented by the Sheriff’s Office, but will be implemented in the future. The Sheriff would like to thank the Grand Jury for informing the public about this important law and alerting all of us about its impending repeal. Senator Robert Dutton has introduced SB 116, which would eliminate the repeal date and extend the safe-surrender statutes indefinitely. Senator Wes Chesbro is a co-author of the bill. The Sheriff will be contacting Senator Chesbro and Assembly member Patty Berg within the next few days to express support of this legislation. Response (Public Health): The recommendation will not be implemented because it is not warranted, as this recommendation will be acted on by the Department of Social Services and is therefore, not in need of additional action on the part of this department. Response (Social Services): This recommendation will be implemented as follows: The Mendocino County Department of Social Services will forward this issue to all advisory bodies and groups concerned with child safety and will prepare an agenda summary to recommend that the Board of Supervisors convey support for the extension to State legislators, by April 30, 2005. Response (Board of Supervisors): The BOS agrees with this recommendation and supports the extension to State Legislators for the Abandonment of Newborns Bill. Comments The Grand Jury is pleased that Mendocino County has had no reported abandoned newborns. The Grand Jury considers Health and Safety Code§1255.7 to be vitally important and believes the actions recommended to the BOS and others may save lives. The Grand Jury compliments Howard Memorial Hospital on their compliance with and implementation of the Abandoned-Newborn Bill. During an unannounced