South Carolina newborns have safe haven, hopeby Gale Horinbein, MSW, LMSWSocial Worker, MUSC Children’s Hospital, SCAN Coordinator In the last year, there has been a growing national concern over baby abandonment and just last week, in our own state, a newborn baby boy was found dead in a trash can where his mother placed him after he drowned in a toilet. Although abandoned children have always been a concern in this country and states have criminal and child abuse laws to address it, this growing concern seems to stem from the realization that despite the existing legal framework that prohibits leaving a baby unprotected and unsupervised, babies are being abandoned and harmed, many even die. Unfortunately, no one knows for certain how prevalent baby abandonment is in the United States as states and counties do not uniformly maintain data and the federal government does not have a formal gathering process for this information. The best available assessment of the scope of baby abandonment comes from a 1999 Health and Human Services commissioned database search of major newspapers, which found 65 reports in 1991 and 108 reports in 1998. In 1991, eight abandoned babies were found dead; 33 were found dead in 1998. Little is also known about the population of parents responsible for the abandonment as no research has been done. Mothers have been the focus of media and political officials because most reported cases have involved the mothers, but fathers may be directly or indirectly involved as well. But again, there is no evidence at this time as no research has been done. In a response to this problem, many states have enacted or introduced legislation that provides a process for legally abandoning a child. The intent is to give parents an avenue to safely turn over their child to a third party. Between 1999 and July 2001, 34 states, including South Carolina, passed “safe haven” laws. The legislation varies from state to state, but they all have similar elements. They provide immunity from criminal prosecution against parents who leave their newborn infants safely in the hands of designated caregivers, as identified by the law. Some provide for anonymity, others require an attempt at establishing the identity of a parent as well as some minimal information about the baby's history. South Carolina’s law, effective June 6, 2000, is formally titled the
“Safe Haven for Abandoned Babies Act.” It is also known as “Daniel’s Law,”
named for an infant boy who survived after being buried in an Allendale
County landfill soon after his birth.
The law also establishes procedures and protections for hospitals and the Department of Social Services (DSS). Hospitals must take temporary physical custody of an infant who is voluntarily left at the facility by a person who does not express an intent to return. A court order is not required and necessary medical care must be provided. The hospital must inform the person leaving the baby of the legal consequences and ask them to provide the name of the child's parents (excluding the person leaving the infant), background and medical history on the child. This will help medical personnel treat the baby for any health problems. If the person leaving the infant does not wish to disclose the information or does not have the information, forms with prepaid envelopes for mailing to DSS will be provided. The hospital must notify DSS no later than the close of the first business day after the date the hospital takes possession of the infant. Upon receipt of this notice, DSS has legal custody of the baby and must contact SLED to determine if the child has been reported as missing. Within 48 hours of taking custody, DSS will publish a notice and give a press release to media in the area of the hospital stating the circumstances of the abandonment of the baby. The press release and notice must include the information that any person wishing to claim the child must do so at the upcoming permanency planning hearing. If anyone has been identified as a parent that person must be sent a hearing notice by certified mail two weeks before the permanency planning hearing. Also, within 48 hours of taking custody, DSS must file a petition for the permanency planning hearing alleging the child is abandoned and the termination of parental rights (TPR) is in the best interest of the child. The hearing must be held within 30 to 60 days after DSS has custody. Leaving a child pursuant to this act is considered conclusive evidence that the infant has been abused and that TPR is the best permanent plan. A person who leaves an infant at a hospital cannot be criminally prosecuted if that person is a parent or is acting at the direction of a parent and the infant is left in the physical custody of an employee of the hospital. This does not prevent prosecution for otherwise harming the child however. Hospitals and staff are immune from liability if they comply with all sections of the act. The intent of the law is simple—to save babies’ lives, not to hurt or punish anyone. The idea is to reach new mothers, women who don’t want anyone to know they’ve given birth or, for whatever reason, simply do not want to keep their babies—in time to prevent babies from being killed or endangered. Now, a woman or teenage girl doesn’t have to think her only alternative is to leave the baby to die in a toilet or trash can, or abandon it where she thinks it’s likely to be found before it dies. Although some individuals and organizations have expressed apprehension about the adoption process being jeopardized because of a lack of medical history and concern about the law condoning irresponsible behavior by allowing parents to discard their children, the law is meant to encourage responsible behavior by individuals not willing or able to care for their babies by assuring that the child is left safely in the hands of caretakers who can provide appropriate care. The bottom line is to save the life of the baby. Daniel’s Law will certainly be worthwhile if even one infant is saved. If you know of someone who is pregnant and in crisis, there are people
who can help—the Department of Social Services, your local health department,
and your local hospital.
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