Infant safe-haven programs, which are intended to
provide a safe alternative for a mother who might otherwise abandon
her baby in a dangerous way, gained popularity and support in recent
years amid reports of newborns being left in garbage bins, alleys or
other unsafe locations.
Texas passed the first safe-haven law in 1999, and
earlier this year, Nebraska and Alaska became the last two
states to adopt such statutes.
Safe-haven programs designate approved locations and
persons to which a parent (and in some states, an advocate working
on behalf of the parent) can relinquish a newborn without fear of
criminal prosecution and under the guarantee of anonymity. While the
intent and general approach of these programs are similar, the
specifics that govern each state’s program vary.
The greatest variation involves the maximum age at
which an infant can be relinquished, ranging from 3 days old to 1
year of age. In the Midwest, six states (Illinois,
Michigan, Minnesota, Nebraska, Ohio and
Wisconsin) limit the infant’s age to 3 days. Four states set the
age limit at several weeks: 14 days in Iowa; 45 days in
Indiana and Kansas; and 60 days in South Dakota.
North Dakota has the highest limit in the nation, allowing a
parent to relinquish a baby up to 1 year old.
Ohio legislators are considering a bill that would
double the baby’s age limit from 72 to 144 hours. HB 485 also would
require that students learn about safe havens as part of their high
school health curriculum.
All Midwestern states designate certain medical
facilities, such as hospitals or emergency medical services, as safe
havens. Illinois, Kansas, Michigan, Nebraska and South Dakota
include fire stations, and Michigan, Ohio, South Dakota and
Wisconsin include police stations. In Wisconsin, a parent can phone
911 to request that police or emergency medical services pick up a
child. Kansas includes local health departments as haven locations.
Most Midwestern states provide the user of a safe
haven with immunity from prosecution for abandonment. Illinois
specifies that such use is neither a violation nor a basis for a
finding of abuse, neglect or abandonment. In Indiana and Michigan,
use of a safe haven can be used as an affirmative defense against
criminal charges.
For more information on safe-haven programs in the states, visit
www.nationalsafehavenalliance.org.
