District 9 Councilman Request Attorney General’s Opinion

Published on December 22, 2022

District 9 Councilman and Bexar County District Attorney Request Attorney General’s Opinion on Life Saving “Baby Boxes”

SAN ANTONIO (Dec. 22, 2022) — Today, Bexar County District Attorney Joe Gonzales requested Attorney General Paxton’s opinion on whether the Texas “safe haven” law authorizes the installation of newborn safety drop-off devices at municipally-owned sites. 

Earlier this year, Councilman Courage announced his intent to file a Council Consideration Request for the installation of newborn safety devices at city-owned Safe Haven locations. These devices would allow individuals who can no longer care for a baby to surrender that child safely, and anonymously.

“The District 9 office applauds the request for the Attorney General Opinion by District Attorney Joe Gonzales. This is a helpful step in the process of protecting the health and safety of newborn infants in San Antonio and Bexar County. To proceed with this Council Consideration Request, we need to work with the City Attorney’s Office to ensure we are within the requirements of the Texas "Safe Haven" law. We look forward to a favorable opinion by the Attorney General.” – District 9 Councilman

The safety devices contemplated by the CCR will maintain an optimal environment for the care of an infant and must meet the following requirements:

• Be physically located inside a Safe Haven site, which may include a hospital, law enforcement agency, or fire department, staffed 24 hours a day by a medical services provider.
• Be in an area conspicuous and visible to the employees of the Safe Haven site.
• Allow a child to be placed anonymously from outside the facility.
• Lock after a child is placed in it so a person outside the facility cannot access the child.
• Provide a controlled environment for the care and protection of the child.
• Notify a centralized location in the facility within 30 seconds of a child being placed in the device.
• Trigger a 911 call if staff at the facility do not respond within a reasonable amount of time after a child is placed in the device.