Legal Safe Haven Definition
Safe Haven laws are also known as the Baby Moses Act, Safe Place Law, Safe Arms for Newborns Act, Safe Delivery Law or Safe Surrender Law, depending on the state in which they are enacted. Safe haven laws vary from state to state and are known by different names in different states. During your pregnancy, we recommend that you take care of yourself and your baby to ensure a safe delivery. For prenatal care, call the Healthy Baby Helpline at 1-800-986-BABY (2229) and they can help you get information about medical providers and health insurance. These services are free of charge and will be treated confidentially. [3] United States Department of Health and Human Services, Infant Safe Haven Laws, www.childwelfare.gov/topics/systemwide/laws-policies/statutes/safehaven/ (accessed 14.01.2021) [15] Uslegal.com, Florida Safe Haven Laws, safehavenlaws.uslegal.com/florida-safe-haven-law/ (accessed 14.01.2021). Similar to the different criteria for legal waiver of an infant, each state has its own policy regarding parental anonymity or renunciation of the individual, as well as parental rights after the child is abandoned. [4] Alabama Health Department, Alabama`s Safe Place for Newborn`s Law, H.B. 115/Act Number 00-760 (passed May 2000), www.alabamapublichealth.gov/cdr/assets/safeplacelaw.pdf (accessed 10/01/2021). In the United States, almost every state has safe haven laws that allow parents or legally defined individuals to drop off their newborn in any safe place permitted by law.
Shelter laws provide various protections for the newborn and the person who abandons the newborn. However, the task should be carried out in accordance with applicable laws in order to benefit from protective measures. Shelter laws (also known as “Baby Moses laws” in some states, referring to religious scriptures) are laws in the United States that decriminalize the abandonment of unsafe infants by legally designated persons, so that the child becomes a ward of the state. Shelter laws are currently in effect throughout the country, as all fifty states have enacted such laws. Girls who are pregnant, desperate or hiding their pregnancy need to know that their baby can be kept healthy and safe without anyone knowing they have given birth and without criminal consequences. Since 2003, 25 babies have been delivered as part of Safe Haven. Critics also argue that shelter laws undermine temporary transfer laws enacted specifically for parents who don`t know whether to keep or abandon their children. Proponents counter by arguing that anonymity is the only way to convince some parents not to harm their infants and that the benefits outweigh any alleged disadvantages. Various fathers` rights groups have also criticized how shelter laws can exclude fathers from the child`s life without their knowledge or consent.
All Safe Haven laws explicitly state where a baby can be born. Some state laws allow a newborn to be delivered to a doctor or church, and others mention specific locations in the hospital, such as an emergency room with a nurse where the newborn can be abandoned. In general, hospitals, guarded fire stations, on-duty police stations, churches, adoption agencies and health care providers are considered safe places. However, abandonment of newborns is only legal if it complies with relevant state laws. 5.) “Any other place of accommodation and safety identified by the Department of Family Services that meets the requirements of the rules and regulations” issued under W.S. 14-11-107. [56] Secret Safe Place Tennessee, “Find a Location,” www.secretsafeplacetn.org/find-a-location.html (accessed 1/30/21). [6] Arizona Department of Child Safety, Safe Haven Law Information, dcs.az.gov/report-child-abuse/safe-haven-newborn-information (accessed 10.01.2021). [77] National Safe Haven Alliance, homepage, www.nationalsafehavenalliance.org/, (accessed 19.08.2021). [31] Mass.gov, Baby Safe Haven, www.mass.gov/baby-safe-haven Retrieved 2021-01-14. Secure Transfer Point/Secure Transfer Point employees who have physical custody of the child are not subject to civil, criminal or administrative liability for the good faith performance of their legal obligations. They are also exempt from liability if, in good faith, they adopt a child over 72 hours of age or adopt a child from a person who does not have actual custody of a child because they believe they actually have legal custody.
However, they are not immune to assault or wrongful murder of the child. [62] Washington State Department of Children, Youth and Families, Safety of Newborn Children Law, www.dcyf.wa.gov/safety/safety-newborn-law (accessed 1/30/21). Another legal requirement is that the surrendered child must be considered safe and sound. If there is evidence that the child has been injured or otherwise neglected, the parent transfers all protections required by state shelter laws. The most important legal requirement is that the child be in the age group required by the shelter laws of the relevant state. The maximum age varies depending on the condition. Some state laws require that the child be delivered within three days of birth. Other states allow a maximum of one year after birth. Shelter laws are laws that allow any legally defined person, usually parents, to abandon a newborn baby safe and sound in any place permitted by law. Shelter laws have been enacted in response to the increase in abandoned infants and infanticide killed. Texas enacted the first Baby Moses or Safe Haven Act in 1999. California followed a few years later.
Of course, the purpose of delivering an infant under shelter law is to ensure that the child is safe. To ensure infant safety, Safe Haven providers must be trained and willing to provide temporary custody of an infant, provide immediate medical care (or contact emergency services if they are not in the hospital or with an emergency service provider on duty), and understand the process of communicating with their local Ministry of Children and Family Services (DCFS). The following table lists these different criteria by federal state. In particular, the abandonment of newborns in California has prompted the state to take steps to save newborns and give them a chance at life. The widely publicized Melissa Drexler “Prom Mom Case” case also convinced the state of the need to enact laws legalizing the abandonment of newborns. [8] Arkansas Department of Human Services, Arkansas Safe Haven, humanservices.arkansas.gov/resources/safe-haven (accessed 10.01.2021). The purpose of the law is clear: to protect the child. This need to protect the child outweighs all the usual sanctions and legal problems that parents are accused of neglecting about. After handover, the child is usually adopted and the usual laws that apply to this status are discussed in other articles on our website. See Adopted right of the child to information about his or her biological parents. As of 8 January 2006, only one case had challenged the constitutionality of a shelter law.
Since the plaintiff could not claim personal injury, he argued that the public should know in advance that the state would not help parents hide from children. Since anonymity immediately thwarts a parent who does not give and can be used arbitrarily by any parent, the law threatens the general public. The General Court dismissed the action, considering that the alleged damage had not reached the level necessary to justify a public action. [12] [13] Thus, the applicant`s allegation that the Safe Haven Act violated the doctrine of separation of powers by circumventing the regulatory power of the Supreme Court remained unanswered. All public or private hospitals with emergency departments or other locations designated by the county board of supervisors must designate staff who meet the requirements of the SSB Act. Hospitals/secure transfer points assigned by the county supervisory board must display a sign with a statewide logo adopted by the state Department of Human Services informing the public of where a child three days or younger can be safely delivered by their parents or physical guardians in accordance with relevant state laws. Cal Health & Saf Code § 1255.7 (i)(2) For purposes of this section, “assistance” means transporting the minor child to the place of safe confinement as a person having legal custody or transporting or accompanying the parent or person having legal custody at the request of such parent or person to effect the safe surrender or perform any other act in good faith; to ensure the safe delivery of the minor. If a parent or person requests the employee of the secure transfer point who has physical custody of the child to return the child prior to the submission of the request by child welfare services or district authority, the staff of the secure transfer point may: (a) return the child if they have actual custody of the child; or (b) contact the child protection authority if they believe the child has been abused or neglected. Renunciation of a newborn is legal only if the abandoned newborn is within the age limit allowed by state law. The age limit for returning a newborn to a safe haven varies from state to state. Some States set the maximum age of an infant who can be abandoned at three days; However, some states have extended the age limit to one year.
[20] Illinoislegalaid.com, Using the Safe Haven Law to give up a child, www.illinoislegalaid.org/legal-information/using-safe-haven-law-give-child (abgerufen am 14.01.2021).