Safe Haven Laws Waller

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Transcript Safe Haven Laws Waller

Safe Haven
http://youtu.be/TPIRRvGm4
Video
Molly
www.nationalsafehavenalliance.org
History of Safe Haven
 Safe Haven started as the “baby Mosses
law” in Texas in September 1999.
 During that year in Texas there were 13
abandoned infants that were found within a
year. 3 of those infants died.
 Since then 45 out of the 50 states have some
form of Safe Haven Laws.
Premise of Safe Haven

In theory Safe Haven sites are supposed to be used
instead of infants being left abandoned in a unsafe
environment. Infants can be taken to a Safe Haven
site where the child will be safe and not placed at
harm.

Parent or parents of the infant that is left will not have
to give out any personal information and they can
be totally anonymous.

There is also a component that parents who give up
their infant at a Safe Haven site will be less likely to be
charged with any crime if the infant is delivered to a
Safe Haven site safely.

(Appell, 2002)
Safe Haven Places
 Hospitals
 Police Stations
 Fire Stations
 Child Welfare agencies
 In Wisconsin call 911 and someone will
come to pick up child
 www.childwelfare.org
Ages for Safe Haven
 The ages of children to be placed in Safe
Haven site range from newborn to 30 days
 North Dakota you have up to a year
 One state, Nebraska, had a different
approach…….
Nebraska
 In the Original Law in Nebraska a parent
was able to hand over any child under the
age of 18.
 In that year by November there were 36
children that were dropped off at hospitals.
 35 of the children were between 10 to 17.
One was under the age of 5.
 One year later their law changed to infants
up to 30 days old.
Effects on children and
adoptive parents

Adopted children from a Safe Haven possibly may
not have any medical information from their
biological parent.

Adopted child may want to try to find their biological
parent and there is no information regarding that
parent.

Adopted child does not have knowledge of their
origin, background or identity of parents.

Adoptive parent fear that adopted child’s stability
later on in life due to not having any information
regarding child’s background.

(Appell, 2002)
Problems with Safe Haven
(Target Population)

Safe Haven Laws are trying to target parents that
abandon their child in unsafe places. This population
may have other factors that may influence their
decision not use a Safe Haven:

Women in Denial or trying to conceal their pregnancy.

Unwanted pregnancies

Financial issues

Absence of child’s father

Fear of family disapproval

Emotional distress
Problems with Safe Haven
(Public Awareness)

Some of the more high risk populations like high
school students and young adults may not be getting
information regarding Safe Haven.

There is a lack of funding for education programs.

50% of states with Safe Haven Laws have either
vetoed funding for Safe Haven education or have no
legislation how to implement the law

Professionals who receive infants under the Safe
Haven law may not be fully informed about law and
may not be able to give accurate information to
biological parent

(Kunkel, 2007)
Problems with Safe Haven
(Termination Parental of Rights)
 Problems with trying to serve notice to
biological parents for court hearings (in a
state where it is required)
 Problems with how to contact biological
father.
 Not enough clarity regarding judicial
procedures could cause a delay in
permanency for child (Appell, 2002)
What States are doing to try to
get absentee parent information
 Some states use putative father registry
before parental termination of rights can be
filed. Utah gives notice to all father’s listed
on the registry.
 13 states contact law enforcement to make
sure child has not been reported missing.

5 states have steps in place for nonrelinquishing father to petition for custody of
the child.
 www.childwelfare.org
Child Welfare Information
Gateway
 This website has a PDF resource called Infant
Safe Haven Laws.
 This resource has a summary of all the states
that have Safe Haven Laws which include
how old an infant can be, laws regarding
the relinquishing parent, and how parental
rights are affected.
 www.childwelfare.org
National Safe
Haven Alliance
Website gives a brief history of
Safe Haven
Has a state locator that gives
information where to take and
infant and how old infant
needs to be
Link to state statutes
Public service announcements
Stories of Safe Haven children
www.nationalsafehavenallianc
e.org
What are Other States Doing
Regarding Safe Haven Law
 Fast track for termination to adoption for
Safe Haven children
 Safe Haven relinquishments equal
termination of parental rights.
 20 states have a plan in place for a
specified amount of time for parents to
reclaim their child.
 www.childwelfare.org
What about Ohio

Once a child is at a Safe Haven that child is placed in
the custody of the child welfare agency in that county.

Parents have 30 days to come back in regards to their
child.

Parent has the right to remain anonymous

Parent is asked about medical information about the
child and the parent

If child has an injury that appears to be abuse and
neglect an attempt will be made to identify the parent.
They are not free from being charged criminally.

Child can be placed at a hospital, police or fire station.
Other places may be designated in your area.
Online Resource for Ohio
 Ohio Department of Job and Family Services
Safe Haven for Newborns
 Website talks about what is a safe haven.
 Has the medical information form for
parents that want to relinquish their child

There is also a PDF brochure giving more
information regarding Safe Haven
 jfs.ohio.gov\safehaven
Is Safe Haven Effective
 There is no evidence based information that
Safe Haven is effective.
 Not all states gather data about the number of
abandoned children or how many infants are
turned in under Safe Haven. (Last count seen
was 2001)
 Safe Haven may not be able to help women
who are involved in neonaticide (death of their
infant child) or leaving their child in an unsafe
place due to other factors they may face and
may not think of Safe Haven as an option.
(Hatters et al, 2008)
Babble
 Blog website that has information regarding
Safe Haven
 Has several news related stories regarding
Safe Haven, some good and some bad
 www.babble.com
References
 Appell, A.R. (2002). Safe Havens to Abandon
Babies, Part I: The Law. Adoption Quarterly,
5 (4), 59-69. 10.1300/J145v05n04_04
 Appell, A.R. (2002). Safe Havens to Abandon
Babies, Part II: The Fit. Adoption Quarterly,
6(1), 61-69. 10.1300/J145v06n01_06
 Appell, A.R. (2002). Safe Havens to Abandon
Babies, Part III: The Affects. Adoption
Quarterly, 6(2), 67-76.
10.1300/J145v06n02_06
Articles
 There was only one article that did a good
job of explaining the different aspects of
Safe Haven
 Annette R. Appell, Safe Haven to Abandon
Babies, Part I, II, and III
 Found in Adoption Quarterly Volumes 5 and
6 in 2002
References (continued)
 Child Welfare Information Gateway. (2010)
Infant Safe Haven Laws: Summary of State Laws.
Retrieved from http://www.childwelfare.gov
 Gustavsson, N.S., MacEachron, A.E. (2011)
Lessons from Nebraska. Social Work, 56(2), 181184.
 Hatters Friedman, S., Resnick,P.J.
(2008).Neonaticide: Phenomenology and
considerations for prevention. International
Journal of Law and Psychiatry, 32(2009), 43-47.
doi: 10-1016/j.ijlp.2008.11.006
References (continued)
 Heath, C., Catlin, A. (2005). American
Alternative for Unwanted Infants. Pediatric
Nursing, 31(3), 229.
 Kunkel, K.A. (2007). Safe Haven Laws Focus
on Abandoned Newborns and Their
Mothers. Journal of Pediatric Nursing, 22 (5),
397-401. Doi:10.1016/j.pedn.2007.08.004
 National Conference of State Legislatures.
(2003) Child Welfare Project, Update: Safe
Havens for Abandoned Infants. Retrieved
from http://www.ncsl.org