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Safe-haven laws (also known in some states as "Baby Moses laws", in reference to
the religious scripture) are statutes in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
that
decriminalize
Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
the leaving of unharmed infants with statutorily designated private persons so that the child becomes a
ward of the state
In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court".
Overview
The wardship jurisdiction is an ancient j ...
. All fifty states, the District of Columbia, and Puerto Rico have enacted such statutes.
"Safe-haven" laws typically let parents remain nameless to the court, often using a numbered bracelet system as the only means of linking the baby to the parent. Some states treat safe-haven surrenders as child dependency or abandonment, with a complaint being filed for such in
juvenile court. The parent either
defaults or answers the complaint. Others treat safe-haven surrenders as adoption surrenders, hence a waiver of parental rights (see
parental responsibility).
Police station
A police station (sometimes called a "station house" or just "house") is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, ...
s,
hospitals, and
fire station
__NOTOC__
A fire station (also called a fire house, fire hall, firemen's hall, or engine house) is a structure or other area for storing firefighting apparatuses such as fire engines and related vehicles, personal protective equipment, fire ...
s are all typical locations to which the safe-haven law applies.
In some places, a
baby hatch
A baby hatch or baby box is a place where people (typically mothers) can bring babies, usually newborn, and abandon them anonymously in a safe place to be found and cared for. This kind of arrangement was common in the Middle Ages and in the 18t ...
or "baby box" is provided to allow babies to be safely dropped off anonymously and without encountering other people.
History
Texas was the first state to enact a "Baby Moses Law" in 1999 in a reaction to 13 incidents of child abandonment in that year, 3 of them involving infants discovered dead. The Texas legislation was sponsored by a newcomer
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
member of the
Texas House of Representatives
The Texas House of Representatives is the lower house of the bicameral Texas Legislature. It consists of 150 members who are elected from single-member districts for two-year terms. As of the 2010 United States census, each member represents abo ...
,
Geanie Morrison of
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
.
By 2008, all 50 states had a form of safe-haven law.
Controversy
Supporters of safe-haven laws argue that the laws save lives by encouraging parents to surrender infants safely, providing an alternative to
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
,
infanticide, or
child abandonment. Detractors argue that, because safe-haven laws do not require parents to be under stress, one parent will use the law largely to avoid notice to the non-surrendering parent. The laws have also been criticized due to the fact that in some states, safe-haven laws favor mothers.
Critics also argue that safe-haven laws undercut temporary-surrender laws, which were enacted specifically for parents who are unsure about whether to keep or relinquish their children. Supporters counter by arguing that anonymity is the only way to convince certain parents not to harm their infants, and that the benefit outweighs any claimed detriment. Various
father's rights
The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who de ...
groups have also criticized how safe-haven laws can shut fathers out of the child's life without their knowledge or consent.
Controversy arose out of the safe-haven law enacted in
Nebraska
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
in July 2008: the Nebraska law in force at the time was interpreted to define a child as anyone under 18, and resulted in the desertion of children older than infants, some as old as teenage years.
Under the prior version of the law, at least 35 children were dropped off in Nebraska hospitals in a four-month span, at least 5 of them from other US states. The law was changed in November 2008, allowing only infants up to 30 days old to be surrendered.
Additionally, many adoptee activists and adult adoptees argue there's an overwhelming culture of disparaging low-income parents and young people from parenting their own children, and laws like the Safe Haven Law lead to a biased and coercive environment that leads to family separation, and subsequent trauma for child and parents. Such laws that favor the adoption industry has led to many adult adoptees to question where the funding comes from, and whether it can more wisely be used to economically and emotionally empower the natural family, rather than enabling family separation trauma or adoption trauma.
Constitutionality
As of January 8, 2006, only one case, in Ohio, had challenged the constitutionality of a safe-haven law. Unable to allege personal harm, the
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
argued that the public had to know in advance that the State would not help parents hide children from each other. Also, because anonymity thwarted a non-surrendering parent from the outset, and could be used by any parent arbitrarily, the law threatened the public generally. The court dismissed the case, finding that the alleged harm did not rise to the level needed to justify a public action. Thus, the plaintiff's claim that the safe-haven law violated the separation of powers doctrine by circumventing the Supreme Court's rule-making authority remained unaddressed.
In 2007, an
Ohio Court of Common Pleas vacated
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
an original adjudication of deserted child and the commitment of the child to temporary custody of the
Cuyahoga County Department of Children and Family Services (CCDCFS).
The court ruled that the entire
Ohio Deserted Child Act was void for violating the Supreme Court's rule-making authority. There, the parent had left the child at the hospital, expressing an intent to leave the child and to have the child adopted. The parent never contacted the hospital or the state agency afterward. The non-surrendering parent's identity and location were not fully known. After being granted temporary custody, the state agency moved for permanent custody, as needed for adoption. The attorney and the
guardian ad litem
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, calle ...
for the child argued that certain statutes of the safe haven act violated the separation of powers doctrine under Art IV, Sec. 5(B) of the
Ohio Constitution
The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had three constitutions since U.S. state, statehood was granted.
Ohio ...
. The court agreed, finding that the safe-haven laws' notice and anonymity statutes conflicted with the notice provisions of Juvenile Rule 15 and the due diligence requirements of other court rules. Juv.R. 15 required issuing summons to the parties ordering them to appear before the court. Because the main purpose of the safe-haven law was to keep parents anonymous and immune from prosecution, Juvenile Rule 15 undermined the safe-haven laws' purpose. But the anonymity and notice statutes being procedural, the court rules governed. Because the notice and anonymity statutes could not be reconciled with the remaining safe-haven statutes, the whole safe-haven act was void. The original safe-haven complaint and permanent custody motion were dismissed. The case was not appealed.
Popular culture
The controversy surrounding the enactment of Nebraska's safe haven law
is depicted in the novel ''In Our Other Lives'' by Theodore Wheeler. The novel dramatizes the night a single father left nine of his children at a hospital and follows the emotional impact on a nurse who witnessed the act. In the AMC series ''
Breaking Bad,'' a child is left at a safe haven in the episode “
Ozymandias
"Ozymandias" ( ) is a sonnet written by the English Romantic poet Percy Bysshe Shelley (1792–1822). It was first published in the 11 January 1818 issue of '' The Examiner'' of London.
The poem was included the following year in Shelley's c ...
”.
See also
*
Baby hatch
A baby hatch or baby box is a place where people (typically mothers) can bring babies, usually newborn, and abandon them anonymously in a safe place to be found and cared for. This kind of arrangement was common in the Middle Ages and in the 18t ...
*
Child abandonment
Notes
References
{{Reflist
External links
National Safe Haven Alliancelists links to specific state laws regarding safe-haven, including a map with law summaries for each state.
Georgia's Story (YouTube Video)California's Safe Surrender for Newborns Law ExplainedAlaska's Safe Surrender Public Service Announcement wins Emmy nod
Child welfare in the United States
Child abandonment
Adoption law
Law of the United States
Texas law
Parental responsibility (access and custody)
State law in the United States