Hospital staff cannot “take custody”. In fact some babies have died because a parent refused treatment. Anyone can petition a court for emergency protective orders but hospitals cannot take charge over a life. Being in a hospital doesn’t change the law. A doctor or other hospital staff cannot simply take you over your will, not outside a hospital and not in it, either. Mental health holds when you are a danger to yourself or others still requires follow up through the legal process.
Not to mention the financial issues as to why police,county, and medical staff refuse to even issue holds: Money. Once they take custody using the mental health statutes they pay the costs. They don’t either have the money or don’t want to spend it.
“Hospital staff cannot “take custody”.”
Not exactly true - when a nurse or other staffer picks up the child, they, in a very real sense, “take custody” of that newborn. When they then take that child out of the mother’s presence and view, they DEFINATELY have “taken custody”.
No, they are not the legal guardian - which is what I think you meant - but they HAVE taken custody of the child.
Out of curiosity on what grounds do you make this statement?