Can our city legally install a Safe Haven Baby Box at our fire station, and what liability does the city take on if it does?
Plain-English summary
Representative Wooten asked the AG four questions about a project the City of Beebe is considering: installing a Safe Haven Baby Box at the city's fire station, in partnership with a nonprofit. The Arkansas Safe Haven Act, A.C.A. § 9-34-201 et seq., calls these devices "newborn safety devices" and treats them as a complement to the older statutory option of handing a newborn to a fire department employee for safe surrender.
Yes, the installation is legal. The Act expressly permits a fire department (city-owned or volunteer) to install and operate a newborn safety device. The device must:
- Be installed by a medical provider, law enforcement agency, or fire department.
- Be located on a structural wall of (or inside) the facility.
- Sit in an area conspicuous and visible to employees.
- Be connected to a dual alarm system that alerts the nearest available first responder.
- Receive weekly alarm tests and twice-weekly visual checks.
- Be coupled with whatever staff response is needed to protect the newborn.
Volunteer fire departments have additional requirements: the device must be installable only if the department can respond within the county's response time or within four minutes (whichever is shorter), the device must be within one mile of a medical provider or law enforcement agency, the device's alert must auto-contact 911, and a separate 24/7 video surveillance system must be monitored continuously by at least two firefighters.
Compliance with state and local fire/building codes. Arkansas has adopted the 2021 International Fire Code, International Building Code, and International Residential Code as the Arkansas Fire Prevention Code (AFPC). Installing the box on an exterior wall creates an opening that must comply with AFPC § 705 (allowable openings, fire-resistance ratings), § 1402 (water intrusion), and § 1404 (exterior materials). Electrical and alarm wiring follows AFPC Chapter 9, NFPA, and the National Electrical Code. Climate controls, if installed, must follow the Arkansas Mechanical Code. AFPC Chapter 10 requires that means of egress remain clear; the device cannot block any exit path.
Liability and immunity. Cities, as political subdivisions, have statutory qualified immunity under A.C.A. § 21-9-301: they cannot be sued for negligence "except to the extent that they may be covered by liability insurance." If the city has no liability insurance for this risk (and is not required to maintain any beyond motor-vehicle coverage), a tort claim cannot survive once the city pleads and proves the absence of insurance. The Safe Haven Act adds a second layer: A.C.A. § 9-34-202(c) gives medical providers, law enforcement agencies, and fire departments qualified civil and criminal immunity for "good faith acts or omissions performed under this section," plus an affirmative defense to suit. Both immunities have limits: they do not cover intentional misconduct, and they do not extend to nonprofits or manufacturers. Those entities typically address risk through contractual indemnity.
Federal/state certifications. None specifically apply. There are no federal HHS or FDA certifications for newborn safety devices. UL listing is voluntary and indicates a product was tested for safety standards. Manufacturers may pursue it; state and federal law do not require it.
What this means for you
If you are a city council member or mayor considering a Safe Haven Baby Box
The legal authorization is clear. Your decision points are operational and risk:
- Does the fire station have a structural wall location that is conspicuous to employees and not in the path of egress?
- Can the department commit to weekly alarm testing and twice-weekly visual checks, with documentation?
- What liability insurance, if any, does the city carry that would cover this installation? If none, qualified immunity protects you against negligence claims.
- How are roles split with the nonprofit partner? The nonprofit's manufacturer of the device, and the nonprofit itself, do not get the Act's immunity. Use contractual indemnification to push device-defect risk back to the manufacturer.
If you are a fire chief or department training officer
Build the testing and inspection schedule into your routine: weekly alarm test and twice-weekly visual check, documented. Establish the dual-alarm path and confirm it reaches the "nearest available first responder," not just the station. Train staff on the 30-day age limit (the Act applies to newborns 30 days or younger) and on the limit of immunity (good-faith acts only; abuse or neglect that occurred before surrender remains investigable).
If you are a city attorney
Two immunity layers, both qualified, both requiring active assertion. Under § 21-9-301, the city must plead and prove the absence of liability insurance. Under § 9-34-202(c), the fire department must plead and prove that the actions at issue were undertaken in good faith. Coordinate with code enforcement and the State Fire Marshal early; AFPC compliance is a city-by-city overlay because Beebe (or your city) can adopt more stringent local codes but cannot adopt looser ones.
If you are a nonprofit installing devices
You do not get the Act's immunity. Your exposure is real if a device defect or operational failure causes harm. Contractual indemnification with both the manufacturer and the host city is the conventional response. Keep detailed records of training delivered to the host fire department; this becomes part of the good-faith showing in any defense.
If you are a parent who may need to surrender a newborn
The Act allows you to surrender a newborn (30 days or younger) anonymously, without facing abandonment charges, by leaving the child with authorized staff at a fire station, hospital, or law enforcement agency, or by placing the child in a newborn safety device installed at one of those locations. Project Safe Haven Baby Box's website lists at least 35 such devices in Arkansas. Abandonment immunity applies to the surrender act; abuse or neglect that occurred before the surrender can still be investigated.
Common questions
What is a Safe Haven Baby Box?
A patented newborn safety device created by Safe Haven Baby Boxes, Inc. The Arkansas Safe Haven Act calls them "newborn safety devices" and does not use the trademarked name. According to Project Safe Haven Baby Box's site, at least 35 are installed in Arkansas.
How old can a newborn be when surrendered through one of these devices?
30 days or younger.
Can volunteer fire departments install one?
Yes, but with extra conditions: response within county standards or four minutes (whichever is shorter), location within one mile of a medical provider or law enforcement agency, automatic 911 alert when the device opens, and 24/7 video monitored by at least two firefighters.
Does the Safe Haven Act protect the city if a baby is harmed because of a device defect?
The Act protects fire departments for good-faith acts or omissions. Device defects originating with the manufacturer are typically the manufacturer's liability. The city's own actions in installing, testing, and maintaining the device have to meet the good-faith standard to qualify for the Act's affirmative defense.
Does qualified immunity protect the city from intentional misconduct?
No. Both A.C.A. § 21-9-301 and the Safe Haven Act's good-faith immunity end at intentional torts. Deliberate failure to maintain the device, deliberate failure to respond to an alarm, or deliberate harm to a surrendered newborn are not covered.
Do I need a UL listing on the device?
Not as a state or federal requirement. UL listing is voluntary. The AG suggests it as a quality signal but not a legal mandate.
Can the city be sued by the surrendering parent later?
The Act protects the anonymity of the surrender. Abuse or neglect occurring before surrender can be investigated and charged, but the act of surrender itself does not produce a cause of action against the receiving city.
What if the alarm fails and a baby is left in the box for hours?
This is exactly the fact pattern where the Act's "good faith" requirement matters. Weekly alarm testing and twice-weekly visual checks are not optional; they are the safe harbor. A department that skips them invites the argument that its actions were not in good faith.
Background and statutory framework
The Arkansas Safe Haven Act, A.C.A. § 9-34-201 et seq., allows parents to anonymously surrender newborns 30 days or younger without facing abandonment charges by leaving the child with authorized staff at a designated location (medical provider, law enforcement agency, fire department) or by placing the child in a newborn safety device installed at one of those locations.
Definition of "newborn safety device" (§ 9-34-202(a)(2)): a device that is (A) voluntarily installed by a medical provider, law enforcement agency, or fire department; (B) located on a structural wall of or inside such a facility; and (C) placed in an area conspicuous and visible to employees.
Fire department duties (§ 9-34-202(b), (d)): ensure the device is connected to a dual alarm system; conduct weekly alarm tests and twice-weekly visual checks; take any necessary action to protect the surrendered infant.
Volunteer fire department additional requirements (§ 9-34-202(d)(2)): response within four minutes or county standards; within one mile of medical provider or law enforcement agency; automatic 911 alert; 24/7 video monitored by at least two firefighters.
Civil and criminal immunity (§ 9-34-202(c)): medical providers, law enforcement agencies, and fire departments get qualified civil and criminal immunity for good faith acts or omissions, plus an affirmative defense.
Municipal qualified immunity (A.C.A. § 21-9-301): cities are immune from liability and suit for damages except to the extent of liability-insurance coverage. The city must plead and prove the absence of insurance. Vent v. Johnson, 2009 Ark. 92.
Liability for intentional torts. Deitsch v. Tillery, 309 Ark. 401 (1992), confirms that municipal qualified immunity does not extend to intentional torts.
Building and fire codes. Arkansas adopted the 2021 IFC, IBC, and IRC as the Arkansas Fire Prevention Code (AFPC), per AFPC Vol. 1, § 104.3.2(b). Local jurisdictions can be more stringent but not looser.
Citations
Statutes:
- A.C.A. § 9-34-201 (Safe Haven Act definitions)
- A.C.A. § 9-34-202 (newborn safety device requirements; immunity)
- A.C.A. § 21-9-301 (municipal qualified immunity)
- A.C.A. § 21-9-303 (motor-vehicle insurance requirement)
Cases:
- Smith v. Brt, 363 Ark. 126, 211 S.W.3d 485 (2005)
- Vent v. Johnson, 2009 Ark. 92, 303 S.W.3d 46
- Deitsch v. Tillery, 309 Ark. 401, 833 S.W.2d 760 (1992)
Codes referenced:
- Arkansas Fire Prevention Code (2021 ed.) Vol. 1 § 104.3.2(b); Vol. 1 § 907.1.2; Vol. 2 §§ 705, 1402, 1404; Chapter 10 (means of egress)
- City of Beebe, Ark., Municipal Code, Ch. 11.12.01, 11.28.01, 11.32.01
- NFPA 72: National Fire Alarm and Signaling Code
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-075
November 3, 2025
The Honorable Jim Wooten
State Representative
Post Office Box 280
Beebe, Arkansas 72012
Dear Representative Wooten:
I am writing in response to your request for an opinion on the legal implications of installing a Safe Haven Baby Box at a city fire station in Beebe, Arkansas. You state that the city, in partnership with a nonprofit organization, is considering whether to install such a device and is seeking to ensure that all legal and safety standards are met before moving forward with the project.
Against this background, you ask the following questions:
- Under Arkansas law, more specifically the Arkansas Safe Haven Act, is the installation and operation of a Safe Haven Baby Box at a city-owned fire station legally permissible?
Brief response: Yes, the Arkansas Safe Haven Act expressly permits the installation and operation of a newborn safety device at a city-owned fire station, provided specific statutory conditions are met.
- Under Arkansas law, are there any specific safety regulations, building or fire codes, or other compliance requirements, at the state or local level, that must be met to fully comply and lawfully operate a Safe Haven Baby Box?
Brief response: Yes, in addition to the Arkansas Safe Haven Act's requirements, the installation and operation of a newborn safety device must comply with the Arkansas Fire Prevention Code and the codes adopted by the City of Beebe.
- Would the City assume any legal liability or risk by allowing the installation and operation of a Safe Haven Baby Box on municipal property, whether maintained by the City or in partnership with an outside organization?
Brief response: Generally, a city is protected by statutory qualified immunity under A.C.A. § 21-9-301 for claims involving negligence, unless liability insurance applies. In addition, the Arkansas Safe Haven Act provides fire departments with civil and criminal immunity for good faith actions related to the installation and operation of a newborn safety device. But this immunity does not extend to intentional misconduct, nor does it apply to third-party organizations, such as non-profits or manufacturers, which may still face liability.
- Are there any additional certifications or testing requirements, federal, state, or otherwise, required or applicable to the installation and operation of a Safe Haven Baby Box?
Brief response: At this time, there are no specific federal or state certifications required beyond those outlined in Arkansas law and applicable fire, building, and mechanical codes. The Arkansas Safe Haven Act requires regular testing and inspection of newborn safety devices, and those requirements should be strictly followed.
DISCUSSION
Question 1: Under Arkansas law, more specifically the Arkansas Safe Haven Act, is the installation and operation of a Safe Haven Baby Box at a city-owned fire station legally permissible?
Yes, Arkansas law, including the Arkansas Safe Haven Act (the "Act"), permits a city-owned fire station to install and operate a newborn safety device. The Act allows parents to anonymously surrender a newborn (defined as 30 days or younger) without facing abandonment charges by leaving the child with authorized staff at designated locations (like fire stations) or by placing the child in a newborn safety device.
The Act defines a "newborn safety device" as one that is: (1) voluntarily installed by a medical provider, law enforcement agency, or fire department; (2) located on a structural wall of or inside such a facility; and (3) placed in an area that is conspicuous and visible to employees.
Further, fire departments must (1) ensure the device is connected to a dual alarm system that alerts the nearest available first responder if the device is used; (2) conduct weekly tests of the alarm system, as well as a visual check twice weekly; and (3) take any necessary action to protect the health and safety of a surrendered infant. Additional requirements apply to volunteer fire departments. Assuming compliance with these technical requirements, the Arkansas Safe Haven Act permits the installation and operation of a newborn safety device.
Question 2: Under Arkansas law, are there any specific safety regulations, building, or fire codes, or other compliance requirements, at the state or local level, that must be met to fully comply and lawfully operate a Safe Haven Baby Box?
There are likely safety, building, fire, and compliance requirements affecting the installation of a newborn safety device beyond those addressed in Question One. For a comprehensive answer, please address this question to local counsel, the City of Beebe's Code Enforcement Office, and the local fire code official. Fire code issues can also be addressed with the State Fire Marshal. With that caveat, I can highlight some regulations that will likely be relevant.
Arkansas has adopted the 2021 editions of the International Fire Code ("IFC"), International Building Code ("IBC"), and International Residential Code ("IRC") as its Arkansas Fire Prevention Code ("AFPC"). These form the core legal foundation for fire safety and building compliance in the state. A local jurisdiction can adopt a local fire prevention code with provisions that are more stringent, but it cannot adopt less stringent standards.
2.1 Structural issues: A building permit is likely required because the newborn safety device must be installed on an exterior wall. When a newborn safety device is installed in an exterior wall, it creates an opening. Section 705 of the AFPC dictates the allowable area of openings in exterior walls based on the fire separation distance to adjacent buildings or property lines. The fire-resistance rating of the exterior wall must be maintained, and any penetration must be properly protected to prevent the spread of fire. The materials used to frame the opening for the device and to weatherproof it will need to comply with these requirements. Likewise, the installation must include proper flashing and sealing to prevent water intrusion into the wall cavity, which could lead to moisture damage and mold. The materials used for the installation, including any trim or finishing materials around the device, must be of approved materials that are suitable for exterior use and meet the durability requirements of the code.
2.2 Electrical issues: Installing the alarm system will require electrical work that must comply with the requirements of Chapter 9 of the AFPC, the National Fire Prevention Association, and the National Electrical Code. The same applies to any climate controls. While climate controls are not mandatory for newborn safety devices, if installed, they must comply with the Arkansas Mechanical Code regarding climate control and ventilation.
2.3 Means of egress: Chapter 10 of the AFPC requires that the means of egress of a fire station to be continuously free from all obstructions and impediments in case of fire or other emergency. The location of the newborn safety device must be carefully considered to ensure it does not block any exit paths or create a hazard.
This is a non-exhaustive list of regulations that could be impacted by the installation and operation of a newborn safety device. As previously mentioned, please consult with legal counsel and local authorities in the City of Beebe for a comprehensive answer.
Question 3: Would the City assume any legal liability or risk by allowing the installation and operation of a Safe Haven Baby Box on municipal property, whether maintained by the City or in partnership with an outside organization?
In general, cities, as political subdivisions of the state, have statutory qualified immunity "from liability and from suit for damages except to the extent that they may be covered by liability insurance." This immunity extends to city officials and employees, but only for negligent acts. This "reflects the policy that governments should be responsible for negligent acts, while being protected from excessive judgments that might cripple government services." In other words, a tort claim cannot survive in the absence of insurance. A local government is not required to maintain liability insurance, other than motor vehicle coverage. Because this qualified immunity is an affirmative defense, a city, if sued, "has an affirmative duty to allege and prove the absence of liability insurance." Once that showing is made, the lawsuit against the city must be dismissed.
Regarding newborn safety devices specifically, the Arkansas Safe Haven Act provides an additional layer of protection. The Act grants medical providers, law enforcement agencies, and fire departments qualified civil and criminal immunity "for any good faith acts or omissions performed under this section," as well as "an affirmative defense against any civil or criminal claim" arising out of such good faith acts or omissions. This would include the installation and operation of newborn safety devices. Like the municipal qualified immunity under A.C.A. § 21-9-301, the Act's affirmative defense requires the fire department to allege and prove that the actions or omissions for which it is being sued were undertaken in good faith.
Taken together, these two statutory immunity provisions provide robust liability protection to a city considering the installation and operation of a newborn safety device. But this immunity is not absolute and does not extend to intentional torts. Outside organizations, such as non-profits and device manufacturers, could bear liability if a defect or operational failure results in harm. This liability is typically addressed through contractual indemnity.
Question 4: Are there any additional certifications or testing requirements, federal, state, or otherwise, required or applicable to the installation and operation of a Safe Haven Baby Box?
I am not aware of any additional certifications or testing requirements at the state or federal level applicable to the installation and operation of a newborn safety device, other than those outlined above. As of the date of this opinion, there are no federal standards or certifications issued by agencies such as the United States Department of Health and Human Services or the Food and Drug Administration specific to newborn safety devices. Devices should conform to generally accepted standards for construction, child safety, and fire prevention.
Manufacturers may voluntarily submit their products for an Underwriters Laboratories (UL) listing, which indicates that a product has been tested and evaluated by UL for safety and compliance with specific standards. UL tests may cover electrical, safety, fire resistance, mechanical hazards, and other safety issues. UL approval is not mandated by state or federal law.
Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General