Southern States' Safe Child Abandonment Laws and Proposed
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REGIONAL RESOURCE The Council of State Governmentsn3355 Lenox Road, N.E., Suite 1050nAtlanta, Georgia 30326n404/266-1271 November 2000 Southern States’ Safe Child Abandonment Laws and Proposed Legislation by Todd Edwards Background In early September 2000, a South Carolina infant, less than a day old, was found abandoned, buried headfirst in a foot of dirt and covered with fire-ant stings. While the child survived, his 21- year-old mother, already the mother of a two-year-old, has been charged with assault and battery with intent to kill.1 Ironically, two months earlier South Carolina lawmakers passed the Safe Haven for Abandoned Babies Act to give amnesty to mothers who safely relinquish their newborn infants to hospital staff. Each year, headlines nationwide depict similar abandonment horror stories, usually featuring the same characteristics: an unplanned, secret pregnancy of an unwed young woman, a panicked response, and tragic consequences for an unwanted newborn. While the reasons for abandonment vary, the unfortunate consequence is that many such cases result in the infant’s death, and charges being filed against the parent(s). Currently, there is no one central source limited guidelines are followed, and the child has which regularly monitors the number of newborns not been harmed. As stated by one journalist, abandoned across America, and most states do “the bandwagon of proposed and passed bills can not keep statistics in this area. However, be viewed as a reevaluation of public policy— according to the United States Department of laws aimed at the reality of desperation rather than Health and Human Services, there were media the ideal that every parent is all-loving and all- reports of 105 infants abandoned in “public caring toward a baby.”4 places” in 1998, including 33 found dead.2 This Regional Resource—compiled for Additionally, about 9,000 infants were abandoned the Southern Legislative Conference’s (SLC) in hospitals that year after their mothers left Human Services and Public Safety Committee, without them. According to Timothy Jaccard, chaired by Senator Yvonne B. Miller, Virginia— president of a nonprofit organization in New York summarizes SLC-state legislative initiatives City which keeps track of such incidents through addressing safe abandonment as of October 2000, media reports and medical examiners, at least 161 the status of such legislation, and myriad issues babies have been abandoned in the past two years surrounding the topic. First is a history of recent nationwide, 103 of them found dead.3 safe-abandonment activity, arguments for and Introduction against legislation in this area, and a comparison In an effort to reduce these numbers, 32 of SLC state bills and laws addressing the issue. states recently have introduced and/or passed Following is a more detailed, state-by-state legislation allowing mothers to safely relinquish summarization of six successfully enacted safe- custody of their unwanted newborns to staff at haven laws in Alabama, Florida, Louisiana, South hospitals or other specified locations, commonly Carolina, Texas and West Virginia, and bills from referred to as “safe havens.” In these situations, Georgia, Kentucky,5 Missouri,6 North Carolina, mothers are granted amnesty from child abuse or Oklahoma7 and Tennessee. abandonment prosecution provided that certain, Southern Legislative Conference Alabama nArkansas nGeorgia nKentucky nLouisiana nMaryland nMississippiSafe Child nAbandonment,Missouri page 1 North Carolina nOklahoma nSouth Carolina nTennesse nTexa snVirginia nWest Virginia While differences remain in preferred In Mobile, each newborn is given a terminology, and states’ definitions of physical examination and, once deemed healthy, abandonment vary, this report accepts that “safe social service workers place the child in a foster abandonment” is an appropriate term to refer to home. The program also aims to inform the public this approach.8 Although the child is not of its function. Brochures are distributed at local endangered in cases addressed by such legislation, schools, clubs and neighborhood organizations in the mother has not made proper legal an attempt to inform future mothers of the options arrangements for the baby’s care.9 Additionally, they have.10 Mobile’s policy later was adopted the terms safe relinquishment and safe haven are in communities across Alabama, then spread to used interchangeably to describe aspects of this communities and district attorneys’ offices process. nationwide, including Minneapolis, Minnesota and Albany, New York, among others. State safe-abandonment information was compiled directly from respective state legislation State Legislative Efforts and statute. Legislative sponsors, their staff and/ In 1999, Texas was the first state to or administrative officials in all 12 states were amend its child abandonment law by providing a asked to review their state’s information for favorable defense for (or not prosecuting) a parent accuracy; answer questions relating to topics who voluntarily delivers a child, up to 30 days unaddressed by their legislation; and to provide old, to a licensed emergency medical services any additional information appropriate on the provider. According to Representative Geanie subject. Not all states responded to this request. Morrison, author of the legislation, “our bill was designed for those young mothers who are While safe-abandonment legislative desperate and have been hiding their pregnancy. initiatives address many specific issue areas, some If these mothers can leave the babies in a safe appear less comprehensive than others. In many location without being identified, the babies have such cases, states responded that several a better chance of survival.”11 unaddressed areas—i.e., terminating or reasserting parental rights; identifying and A year following the implementation of investigating child abuse or neglect; liability and/ Texas’ safe-haven law, 32 additional states or adoption proceedings—are effectively introduced legislation during their 2000 governed by existing statute. While this report legislative sessions aimed at stemming the killing incorporates relevant statutes, the primary focus of unwanted newborns through offering safe- is on specific safe-abandonment bills and laws, relinquishment options. As of October 2000, five and respective statutes amended by such other SLC states (Alabama, Florida, Louisiana, legislation. South Carolina, and West Virginia) had passed such laws. Additionally, six Southern states Modern Safe-Abandonment Beginnings (Georgia, Kentucky, Missouri, North Carolina, Many credit Mobile, Alabama’s There is Oklahoma, and Tennessee) had legislation a Secret Safe Place for Newborns campaign as introduced to this effect. These bills experienced one of America’s initial programs providing various levels of success, with two approved by mothers an alternative to recklessly and either a state House (Georgia) or Senate dangerously abandoning an unwanted newborn. (Kentucky) and, in one case (Oklahoma), passed This early campaign stemmed from a 1995 by the Legislature, but later vetoed by the drowning of a newborn in a toilet by a young, governor. unwed mother. A local television reporter, Ms. Proponents Jodi Brooks, covered the mother’s murder trial According to Alabama Representative and several other abandonment cases in the Gulf Laura Hall, sponsor of Alabama’s safe- Coast region. By shedding light on the subject abandonment legislation, “the law is designed to and working with various officials from local save the lives of babies that mothers don’t want.” hospitals, welfare offices and government “Hopefully,” Hall adds, “it will prevent a mother agencies, Ms. Brooks secured the cooperation of from dumping a child in a trash can and it District Attorney John Tyson, Jr., who agreed not dying.”12 Representative George Grindley, co- to prosecute women safely abandoning their author of Georgia’s bill, believes such legislation infants, within 72 hours of birth, to staff at any of provides assistance for parents who do not want nine local hospitals—no questions asked. Safe Child Abandonment, page 2 to keep their babies and who are unaware of or almost a right in child abandonment... We are unwilling to participate in other options such as touching the symptoms instead of the real adoption.13 In debating Missouri’s 2000 proposed problem and that’s parental responsibility. I just safe-abandonment bill, Dan Croy—president of really think we are going down the wrong road.”18 Light House, a Kansas City, Missouri, maternity Others assert that anonymously ministry—commented that “simply dropping off abandoning a newborn to safe havens fails to a baby at a hospital or police station may not seem address the core problems the mother faces which ideal, but we are in favor of anything that might resulted in the situation initially. Among their prevent a newborn baby from being put in a 14 concerns is if the pregnancy was a result of rape wastebasket at a senior prom.” or other sexual abuse. Many suggest that more In short, proponents generally maintain, time and resources should be dedicated to such legislation focuses on the infant’s needs and researching the reasons why babies are survival, rather than the mother’s liability. While abandoned, gathering data about the incidents and states’ safe-abandonment laws and proposals compiling statistics. Jack Levine, president of mostly have the same goal, their comprehensive- the Center for Florida’s Children, supports the ness and focus