Headlines shocked readers as news of Nebraska’s flawed Safe Haven law opened the floodgates of questionable morality and abandoned children.
The Nebraska fiasco is arguably uncommon; yet the law is there to help infants, not harm them.
Indiana’s safe haven law has been in effect since 2000. Safe haven activists urge families to know the law and understand abandonment isn’t the only option.
Tracey Johnson, executive director of the National Safe Haven Alliance, states the safe haven law originated as a way to assist women in distress who found themselves either in an unwanted pregnancy; in some cases an unexpected pregnancy; or with a baby in which she can’t care for.
Prior to states taking on the law, women were abandoning their children in unsafe places. In many cases, infants would die. Those women would then be found guilty of homicide.
The safe haven law is a euphemism for the Infant Abandonment Act, the first law was created in the late 1990s.
“In every state, except for the District of Columbia, a woman can go into a hospital and as long as they are turning over an unharmed child to a staff member they can walk away no questions asked, without fear of criminal prosecution,” said Johnson.
According to Indiana’s law, a parent or other custodial adult can abandon an infant under the age of 45 days with an emergency medical services provider (hospitals, EMS, fire departments, and law enforcement agencies). Secrecy of the identity of the mother is assured, and she will not be prosecuted for abandonment or neglect if she acts within 45 days of the birth and the baby is not harmed (no evidence of child abuse or neglect).
Not every state allows infants to be relinquished at places such as fire or police stations.
States have adopted the safe haven law, yet some wonder why the mother chooses abandonment over abortion or adoption. Johnson states it’s because the safe haven law is anonymous.
“In the cases where adoption is presented to them, a lot of them say ‘I don’t want to fill out forms,’ ‘I don’t want to give my name,’ or ‘I want it to go away,’” said Johnson. “With adoption, you have to go through a process.”
If a baby is released within the boundaries of the law, the child is run through the National Center for Missing and Exploited Children and police scanners to check if the child is missing or kidnapped.
Afterwards, Susan Tielking, spokeswoman for the Indiana Department of Child Services, states if the other parent isn’t found or is unsuitable, a relative is sought. In the case where a parent or relative isn’t found, the child is placed in a foster home in hopes of being adopted.
Child protection advocates understand the law serves a worthy purpose; however, many urge women who are thinking about using the safe haven law to choose adoption over abandonment. Not only is the process shorter, (parents give up their rights, then the child is put up for adoption), but a medical history can be established for the child.
At one point Nebraska’s safe haven law had no age limit, though it was meant to protect infants. Parents across the country flocked to take advantage of the law abandoning children and teenagers. That law was recently changed to limit drop-offs to infants 30-days-old or less.
Donna Collins-Rogers, a trauma social worker for Clarian Health, wants parents to know if they are facing difficulty and aren’t within the age limits of Indiana’s safe haven law, there is also help for them.
“Being that this is a cry out for help, when a mother brings her child in, we try to explore her options for her and the child,” said Collins-Rogers.
Collins-Rogers suggests respite care, short-term relinquishment; home based counseling, the situation is assessed and the proper care is put in place; and the WISE program a resource program offered by the Children’s Bureau. Many of these services are either free, covered by insurance or accepts financial assistance.
For more information, call 1-800-children, 1-800-874-6880 or visit www.villageskids.org; or the National Safe Haven Alliance hotline at 1-888-510-BABY or visit www.safehavenalliance.org.
