Any personnel of a hospital or emergency medical services agency receiving a child under the circumstances described in the second paragraph of § 18.2-371, subdivision B 2 of § 18.2-371.1, or subsection B of § 40.1-103 shall be immune from civil liability or criminal prosecution for injury or other damage to the child unless such injury or other damage is the result of gross negligence or willful misconduct by such personnel. Any hospital or emergency medical services agency that voluntarily installs a newborn safety device for the reception of children shall ensure that (i) the device is located inside the hospital or emergency medical services agency in an area that is conspicuous and visible to employees or personnel, (ii) the device is staffed 24 hours a day by a health care provider or emergency medical services personnel, (iii) the device is climate controlled and serves as a safe sleep environment for an infant, (iv) the device is equipped with a dual alarm system that sounds 60 seconds after a child is placed in the device and automatically places a call to 911 if the alarm is not deactivated within 60 seconds from within the hospital or emergency medical services agency, (v) the dual alarm system is visually checked at least two times per day and tested at least one time per week to ensure the alarm system is in working order, (vi) the device automatically locks when a child is placed in the device, and (vii) the device is identifiable by appropriate signage that shall include written and pictorial operational instructions.
§ 8.01-226.5:2.Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 2022 · Last verified July 16, 2026
In one sentenceSection 8.01-226.5:2 immunizes hospital and EMS agency personnel who receive an infant left under Virginia’s safe-haven statutes from civil liability or criminal prosecution for injury to the child, absent gross negligence or willful misconduct, and sets safety, staffing, and signage standards for any newborn safety device those entities voluntarily install.
Full Text of § 8.01-226.5:2
Plain-English Summary
Virginia’s safe-haven laws let a parent leave an unharmed infant with hospital or EMS personnel, or in a newborn safety device, without facing prosecution for abandonment under specified circumstances. This section protects the personnel on the receiving end: hospital or EMS agency staff who receive a child under those circumstances are immune from both civil liability and criminal prosecution for injury or other harm to the child, unless the harm results from the personnel’s gross negligence or willful misconduct.
The section also regulates newborn safety devices — the climate-controlled receptacles some hospitals and EMS agencies install to let a parent anonymously and safely surrender an infant. Any hospital or EMS agency that voluntarily installs one has to meet a detailed list of standards: the device must sit in a conspicuous, staff-visible location; be staffed around the clock by a health care provider or EMS personnel; function as a climate-controlled safe sleep environment; carry a dual alarm that sounds within 60 seconds of a child being placed inside and automatically calls 911 if not deactivated; have that alarm system checked visually at least twice daily and tested weekly; lock automatically once a child is placed inside; and display signage with written and pictorial instructions.
Frequently Asked Questions
Are hospital staff protected from liability for accepting a safe-haven infant?
Yes, absent gross negligence or willful misconduct. Section 8.01-226.5:2 immunizes hospital and EMS agency personnel receiving a child under Virginia’s safe-haven provisions from civil liability and criminal prosecution for injury or other harm to the child.
What safety standards apply to a newborn safety device installed at a hospital?
The device must be in a conspicuous, staffed location, staffed 24 hours a day, climate controlled, equipped with a dual alarm that sounds within 60 seconds and auto-dials 911, checked and tested regularly, self-locking once a child is placed inside, and marked with instructional signage.
Is a hospital required to install a newborn safety device?
No. The statute addresses hospitals and EMS agencies that “voluntarily” install one, and imposes the listed standards on that installation; it does not mandate that every hospital have one.
What situations trigger this immunity?
Receiving a child under the circumstances described in the second paragraph of § 18.2-371, subdivision B 2 of § 18.2-371.1, or subsection B of § 40.1-103 — Virginia’s safe-haven abandonment-defense provisions.
Does this immunity cover an EMS agency’s decision to place or maintain a newborn safety device negligently?
No. The immunity for receiving a child is conditioned on the absence of gross negligence or willful misconduct, and the detailed device standards in the second sentence exist precisely to keep any voluntarily installed device safe.
Amendment History
2003, cc. 816, 822; 2015, cc. 502, 503; 2022, cc. 80, 81.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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