Friday, November 8, 2013

Safe Haven Laws



On Tuesday October 15, 2013 one mother abandoned her infant in Anchorage, Alaska (Boots, 2013). Around 1am a mother wrapped her newborn in a towel and hid the child under a bush in a park to be found dead the next day at 9:30am (Boots, 2013). This 24 year old mother lives in a state that provides a safe haven law allowing for infants up to 21 days old to be surrendered with a staff member at any hospital, fire station or emergency medical service provider in Alaska (National Safe Haven Alliance, 2013). According to the article, “mothers who kill their newborns are usually younger than 25, unmarried, in denial of their pregnancy and emotionally isolated” (Boots, 2013). Had this mother surrendered her infant to a hospital, for example, she would not be facing second-degree murder charges.

The first baby safely surrendered in Illinois
In 1999 Texas was the first state to introduce a safe haven law. Since then, every state has introduced a safe haven law. These laws were introduced in response to increased numbers of infant abandonment with many resulting in infant deaths (National Safe Haven Alliance, 2013) The U.S. Department of Health and Human Services (2012) reports that in 2011 an estimated 1,570 child fatalities occurred as a result of abuse and neglect which is a rate of 2.10 per 100,000 children. Of those fatalities 81.6% occurred in children younger than 4 years old (U.S. Department of Health and Human Services, 2012). In children under the age of one the rate for death from abuse and neglect is 16.80 per 100,000 children (U.S. Department of Health and Human Services, 2012). The Child Maltreatment 2011 report also shows that of all of these child fatalities, 78.3% are caused by one of more parent (U.S. Department of Health and Human Services, 2012). The youngest children are at the highest risk for death resulting from abuse and neglect, most caused by a parent, which is why safe haven laws aim to protect children from being neglected in the first days (up to a year in some states) of life.

Healthy People 2020 (2013) outlines objectives to improve the health of all Americans.  One aim is to prevent injury and violence, including reducing child maltreatment (HealthyPeople.gov, 2013). Safe haven laws aim to reduce child maltreatment and neglect and achieve this objective. Nurses should be trained to know the risks of child abuse and neglect as well as their state laws that directly pertain to these areas. Nurses in the state of Michigan should be aware of the Safe Delivery of Newborns law and the procedures that are followed if an infant is surrendered in your facility (Department of Human Services, 2013).

The goal of Michigan’s program is to provide “a safe, legal and anonymous alternative to abandonment or infanticide and releases the newborn for placement with an adoptive family(Department of Human Services, 2013). This law allows a parent to surrender a child up to 72 hours old to an emergency service provider at a hospital, fire department, police station or by making a 9-1-1 emergency call and surrendering the child to a paramedic or emergency medical technician (Department of Human Services, 2013). The state of Michigan outlines specific steps that must be taken when a child is surrendered so that these professionals have clear direction if/when a child is surrendered. The ultimate goal is to protect the child from harm and reduce the fatalities from child abuse and neglect. This is not a process we see used every day but being aware and educated helps nurses provide education to patients who may be experiencing unwanted or unexpected pregnancies.

4 comments:

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  2. As with many other laws or policies in place both statewide and nationally, I believe that the Safe Haven Law is not as widely well-known as it needs to be and certainly not by the people who need the most information about it. While informed and educated practitioners and community workers such as nurses, social workers, and law enforcement agents may be well-versed in the law, it would be of value to learn how many young, unmarried, and emotionally isolated young women are familiar with the law and what it entails. How effective can a governmental policy be if its intended audience is unaware of its existence or details? I have worked in many different places that specifically services young mothers-to-be and am myself unclear about specifics of the Safe Haven Law. I have occasionally seen PSA-style posters advertising the law, however it should be taken into consideration that the population most likely to abandon their babies to adverse conditions might need help reading and understanding the exact meaning. It is too often the case that when laws are implemented the people who they are intended to help are the last ones to know.

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    1. Allie, my sentiment exactly. I knew Safe Haven laws existed but was unaware that they are now part of all states of the US ... and if I as a somewhat educated woman have no idea, how would the 'target' audience be aware of this fact? I also wonder if OBGyns, community clinics, and even high-school and vocational counselors need to spread the word.

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  3. Great points, everyone! To me it really seems that our nation is lacking in social support systems, especially for people of lower socio-economic status. I remember in 2008 Nebraska extended the safe haven law for children up to 17 years old and 35 children from ages 10-17 were dropped off at hospitals in churches within about a month. The story I read had a mother explaining that her son was abusive and mentally ill and she did not have the resources to deal with him. It was pretty unbelievable that people would abandon children they had been raising for years but I guess that just shows how vulnerable and desperate some people are.

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