Wednesday, April 24, 2024
In 1999, after a tragic string of baby abandonment's hit Houston, Texas passed the nation’s first Safe Haven law. It was nicknamed the “Baby Moses Law” after the Bible story of Moses’s mother abandoning him on the Nile River to ensure he wasn’t drowned at birth under the order of the Pharaoh's firstborn son law.
Its creation was meant for parents who could surrender their newborns to hospitals, EMS or fire stations without fear of prosecution, no questions asked and no judgment passed — so long as the baby was delivered safely or without criminal circumstances.
To be protected under the law, it states babies must be 60 days or younger when abandoned and must be handed to a person to be deemed a legal surrender.
Chief Medical Officer for Coryell Memorial Health, Dr. Jeff Bates, is among those trying to bring more awareness to the law in Texas and Coryell County through an organization called The Lord’s Work.
The organization has already created a website and is in the process of distributing fliers to local schools and fire stations. They also have plans to do educational seminars with the EMS stations to be better prepared and knowledgeable, should the situation ever arise.
“I’m trying to help people,” said Dr. Bates. “I’m trying to take care of people… I think there’s a whole new group of people who don’t know the law exists.”
However, even with its creation, there are still an unfortunate number of newborns surrendered who don’t make it safely into the hands of medical providers, often causing death. This is usually due to young mothers leaving their baby alone anywhere other than hospitals, such as in dumpsters or other random places.
Because of this, some states have created an alternate solution of what is known as a baby box. These boxes, usually found at a hospital or fire station, allow users to remain anonymous while providing a safe place for babies to be surrendered. Once the baby is placed in the box, there is typically a silent alarm or immediate call to 9-1-1 to alert medical professionals within 30 seconds.
“The way the law stands in Texas is if she hands the baby to someone at the emergency room, they’re supposed to take the baby — no questions asked — say thank you, and then we call 9-1-1 and take the baby to the ER to be examined,” said Dr. Bates.
“In Texas, we don’t have the (baby) box. The law in Texas is that you have to hand the baby to a person,” said Dr. Bates. “If we could change the law to say “or put it in one of these safe boxes,” then that would be another means.”
Since its creation nearly 25 years ago in Texas, hundreds of babies have been saved. By 2008, every other state had also enacted its own Safe Haven law, varying in age limit anywhere from just three days to one year after birth.
However, concerns have risen among the public since the overturning of Roe v. Wade earlier this year, giving states the power to enact strict abortion laws on women. Because of this, medical professionals and organizations supporting women’s healthcare are wary of a potential increase in illegal abandonment of newborns.
“There is a system that takes care of babies,” said Dr. Bates. “We just have to promote it. You just have to know ‘bring them to the hospital or fire station and we’ll take care of them, no questions asked.’”
Safe Haven laws have saved 4,505 newborns and counting. Of those, at least 1,604 were illegally abandoned. According to the Centers for Disease Control, between 2008-2017, the infant homicide rate on the first day of life decreased 67% with no noticeable difference in varying Safe Haven age limits.
This law, meant to associate safe places such as hospitals and fire stations, should not be confused with locations deemed “Safe Places.” Safe Places are somewhere, usually designated with a sign out front, where people can go to find a physically and emotionally safe place to express themselves. These locations can range from hospitals and fire stations to Boys and Girls Clubs and local gas stations, such as QuikTrip.
According to the National Safe Haven Alliance, only “hospitals and hospital staff are approved Safe Haven providers in every state, other locations may differ per state.”
“The important thing is to talk about the law, talk about the process, and offer up an 800-number where people can call and ask questions,” said Dr. Bates.
If you or someone you know would like more information regarding the Safe Haven Law, please visit NationalSafeHavenAlliance.org or the Texas Department of Family and Protective Services website.
