What is a Safe Haven?
A Baby Safe Haven allows a parent or legal guardian to surrender a newborn infant to a designated safe place without fear of prosecution for abandonment. These safe places are typically hospitals, fire stations, or designated child welfare agencies. The goal of Safe Haven laws is to protect infants from harm by providing a legal and safe option for parents who feel unable to care for their child.
Why Safe Havens are Important
Safe Havens offer a lifeline to parents facing overwhelming circumstances. By providing a safe and legal way to surrender a newborn, these laws:
- Prevent Infant Abandonment: Safe haven laws offer a legal and safe alternative to abandoning a newborn, reducing the risk of harm or death to the infant.
- Ensure Infant Well-being: By providing a secure environment for surrendered infants, safe havens guarantee immediate care, medical attention, and the opportunity to find a loving adoptive family.
- Offer Support to Parents: Safe havens provide a compassionate and confidential option for parents facing overwhelming circumstances, offering support services and resources to help them through this difficult time.
- Reduce Stigma: Safe haven laws help to destigmatize placing a child for adoption, encouraging parents to seek help instead of resorting to harmful alternatives.
- Protect the Community: Safe havens contribute to a safer community by preventing infant abandonment and ensuring that newborns receive the care they need to thrive.
How Does a Safe Haven Work?
Many states have implemented safe haven laws to protect infants from harm. These laws allow mothers in crisis to safely surrender their newborn babies at designated locations, such as hospitals, fire stations, or licensed adoption agencies. The process is confidential, and no questions are asked. (see specific state laws for each state)
Leaving a baby under this law is not a crime. The parent may be asked for medical information related to the baby’s medical history; however, the parent will not be required to provide their name, the other parent’s name, or any other identifying information.
The emergency medical services provider or child placement agency will notify the Department of Social Services that a child has been placed with them. DSS cannot attempt to identify, contact, nor investigate the parent unless it appears the child has been harmed. The Department’s Division of Child Protection Services or the child placement agency will receive custody and be responsible for the care of the baby. Parental rights of the parent who released the baby will be terminated after 14 days.
The baby’s other parent has the right to file for custody of the baby after the baby has been released to the Department or child placement agency. To gain custody of the baby, the other parent has 30 days to prove he or she is the parent of the baby and that he or she did not consent to giving up the child’s custody. If the other parent does not come forward and 60 days have passed, a circuit court hearing is held to terminate all parental rights of the baby.
All About U Adoptions: A Safe Haven in Your Community
All About U Adoptions is proud to be a designated Safe Haven in South Dakota. We understand the challenges faced by parents and are committed to providing a safe and compassionate environment for newborns.
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Safe Haven Laws in South Dakota
- Age limit: Infant must be less than 60 days old.
- Safe haven locations: Hospitals or clinics, Law enforcement officers, Licensed child placement agencies, Department of Social Services offices, Emergency medical technicians, Firefighters.
- No criminal charges: Parents will not face criminal charges for leaving their unharmed infant at a designated safe haven.
- Confidentiality: Parents are not required to provide personal information.
- Custody rights: The baby’s other parent has 30 days to claim custody. If no parent claims the baby within 60 days, parental rights are terminated.
- Staff interaction: Infant must be left with an on-duty staff member.
- Indian Child Welfare Act: Applies when relevant.
Safe Haven Laws in North Dakota
- Age limit: Infant must be under one year old.
- Infant condition: Infant must be unharmed.
- Safe haven location: The hospital where the baby was born, Hospital/Emergency Rooms, Local Public Health Units, Human Service Zones, Law Enforcement Centers, Regional Human Service Centers, Long Term Care Nursing Facilities, Children’s Advocacy Centers, 911 EMS Responders
- Staff interaction: Infant must be left with an on-duty staff member.
- No criminal charges: Parents are protected from prosecution for abandonment.
- Confidentiality: Parents are not required to provide personal information.
- Approved locations: These are designated facilities that can legally accept a surrendered infant.
Safe Haven Laws in Nebraska
- Age limit: Infant must be under 90 days old (as of July 19, 2024).
- Safe haven locations: Hospitals, staffed fire stations, staffed law enforcement agencies, emergency care providers.
- Infant condition: Infant must be unharmed.
- No criminal charges: Parents are protected from prosecution for abandonment if they follow the law.
- Confidentiality: Parents are not required to provide personal information.
- Staff interaction: Infant must be left with an on-duty staff member at a designated location.
