Safe haven law
Encyclopedia
Safe-haven laws are statutes in the United States
that decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state. "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 mother.
Some states treat safe-haven surrenders as child dependency or abandonment, with a complaint being filed for such in juvenile court
. The parent either default
s or answers the complaint. Other states treat safe-haven surrenders as adoption surrenders, hence a waiver of parental rights (see parental responsibility
). Police stations, hospitals, rescue squads, and fire houses are all typical locations to which the safe-haven law applies.
, killing
, or discarding
them. Detractors claim that, because safe-haven laws do not require parents to be under stress, parents will use the law largely to avoid notice to the non-surrendering parent.
Detractors also claim 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.
Controversy has arisen out the safe-haven law enacted in Nebraska
in July 2008. The Nebraska law has been interpreted to define a child as anyone under 18, and has resulted in the desertion of teenage children. The law was changed in November 2008, allowing infants up to thirty-days old to be abandoned. 35 children were dropped off in Nebraska hospitals in a four month span. None were infants.
argued that all parents needed to know ahead of time that the State would not help parents hide children from each other. Further, because anonymity deprived a non-surrendering parent of a remedy from the outset, and could apply to any parent for any reason, the law threatened the public at large. The court dismissed the case, however, finding that the alleged harm did not rise to the level necessary to justify a public action. Accordingly, the plaintiff's claim that the safe-haven law violated the separation of powers doctrine by circumventing the Supreme Court's rule-making authority was not addressed.
But in late 2007, an Ohio Court of Common Pleas
ruled that the entire Ohio Deserted Child Act was void for violating the Supreme Court's rule-making authority. In re Baby Boy Doe, 145 Ohio Misc.2d 1, 2007-Ohio-7244. There, the mother had left the child at the hospital, expressing an intent to leave the child there and to have the child adopted. The mother never contacted the hospital or the state agency later regarding the child. The alleged father'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 for the child challenged the constitutionality of the safe-haven law, arguing that certain statutes of it violated the separation of powers doctrine under Art IV, Sec. 5(B) of the Ohio Constitution
. 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. Under Juv.R. 2(Y) parents were mandated parties. Because the underlying 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. Then, because the notice and anonymity statutes could not be reconciled with the remaining safe-haven statutes, the entire safe-haven law was of no force and effect. The original safe-haven complaint and permanent custody motion were dismissed. The case does not appear to have been appealed.
both passed their safe-haven laws. Currently all 50 states have a form of safe-haven law.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state. "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 mother.
Some states treat safe-haven surrenders as child dependency or abandonment, with a complaint being filed for such in juvenile court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
. The parent either default
Default (law)
In law, a default is the failure to do something required by law or to appearat a required time in legal proceedings.In the United States, for example, when a party has failed to file meaningful response to pleadings within...
s or answers the complaint. Other states treat safe-haven surrenders as adoption surrenders, hence a waiver of parental rights (see parental responsibility
Parental responsibility (criminal)
In Canada and the United States, the term parental responsibility refers to the potential or actual liability that may be incurred by parents for the behaviour of their children.-The Canadian law:...
). Police stations, hospitals, rescue squads, and fire houses are all typical locations to which the safe-haven law applies.
Controversy
Supporters of safe-haven laws claim that the laws save lives by encouraging parents to surrender infants safely instead of abortingAbortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, killing
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
, or discarding
Child abandonment
Child abandonment is the practice of relinquishing interests and claims over one's offspring with the intent of never again resuming or reasserting them. Causes include many social and cultural factors as well as mental illness. An abandoned child is called a foundling .-Causes:Poverty is often a...
them. Detractors claim that, because safe-haven laws do not require parents to be under stress, parents will use the law largely to avoid notice to the non-surrendering parent.
Detractors also claim 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.
Controversy has arisen out the safe-haven law enacted in Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
in July 2008. The Nebraska law has been interpreted to define a child as anyone under 18, and has resulted in the desertion of teenage children. The law was changed in November 2008, allowing infants up to thirty-days old to be abandoned. 35 children were dropped off in Nebraska hospitals in a four month span. None were infants.
Constitutionality
As of January 8, 2006, only one case had challenged the constitutionality of a safe-haven law. Unable to allege personal harm, the plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
argued that all parents needed to know ahead of time that the State would not help parents hide children from each other. Further, because anonymity deprived a non-surrendering parent of a remedy from the outset, and could apply to any parent for any reason, the law threatened the public at large. The court dismissed the case, however, finding that the alleged harm did not rise to the level necessary to justify a public action. Accordingly, the plaintiff's claim that the safe-haven law violated the separation of powers doctrine by circumventing the Supreme Court's rule-making authority was not addressed.
But in late 2007, an Ohio Court of Common Pleas
Ohio Courts of Common Pleas
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section...
ruled that the entire Ohio Deserted Child Act was void for violating the Supreme Court's rule-making authority. In re Baby Boy Doe, 145 Ohio Misc.2d 1, 2007-Ohio-7244. There, the mother had left the child at the hospital, expressing an intent to leave the child there and to have the child adopted. The mother never contacted the hospital or the state agency later regarding the child. The alleged father'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 for the child challenged the constitutionality of the safe-haven law, arguing that certain statutes of it violated the separation of powers doctrine under Art IV, Sec. 5(B) of the Ohio Constitution
Ohio Constitution
The Ohio Constitution 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 two constitutions since statehood was granted....
. 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. Under Juv.R. 2(Y) parents were mandated parties. Because the underlying 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. Then, because the notice and anonymity statutes could not be reconciled with the remaining safe-haven statutes, the entire safe-haven law was of no force and effect. The original safe-haven complaint and permanent custody motion were dismissed. The case does not appear to have been appealed.
Current status
In the spring of 2008 Nebraska and AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
both passed their safe-haven laws. Currently all 50 states have a form of safe-haven law.
External links
- National Safe Haven Alliance lists links to specific state laws regarding safe-haven, including a map with law summaries for each state.
- Georgia's Story (YouTube Video)
- Safe Haven Laws