Louisiana Safe Haven Law

1. The intent of this presentation is to launch a public awareness about the Louisiana State Haven Law. http://www.dss.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=206 Louisiana Safe Haven Law

2. A series of high profile infant abandonment cases across the country prompted the Louisiana legislature to combat the abandonment problem. In 2000, Louisiana enacted such a law amending the Children's Code Article 1101 and 1193 and Title XVII of the Children's Code Article, Article 1701-1706, to provide for the Safe Haven Relinquishment of newborns. That code was then again amended in 2003. All fifty states in the United States have some form of Safe Haven provision. History of:Louisiana State Haven Law

3. �Infant� means a child not previously subjected to abuse or neglect, who is not more than thirty days old as determined within a reasonable degree of medical certainty by an examining physician. �Relinquish� or �Relinquishment� means to give over possession or control of the infant to other specified persons as provided by law with the settled intent to forego all parental responsibilities.

4. �Safe Haven� refers to a designated emergency care facility where a parent may anonymously leave his/her infant child, with the intent of placing the child for adoption, without fear of prosecution. �Designated emergency care facility" means any hospital licensed in the state of Louisiana, any public health unit, any emergency medical service provider, any medical clinic, any fire station, any police station, any pregnancy crisis center, or any child advocacy center.

5. �Relinquishing Parent� means the parent that gave over possession or control of the infant to a designated emergency care facility with the settled intent to forego all parental responsibilities. �Non-relinquishing Parent� means the other parent who may not be knowledgeable of the relinquishment of the baby.

6. In 2000, the Louisiana Legislature enacted Relinquishment of Newborns. The purpose of this law is to prevent infant deaths as a result of abandonment or homicide by providing a means by which an infant may be left in safe circumstances and a parent may anonymously abandon or relinquish their responsibility for the child without criminal consequences.

7. A parent my leave a baby up to 30 days old in the care of an individual at a designated emergency care facility. If a parent is unable to travel to a Safe Haven facility, he/she may call 911 and a law enforcement officer or EMS provider will pick up the infant and transport the baby to a hospital.

8. If the parent has transportation, they are to locate the nearest emergency care facility to relinquish the newborn (i.e. hospital, public health unit, EMS unit, medical clinic, fire or police station, pregnancy crisis center or child advocacy center). The parent must find an employee with that facility, hand the infant to them and state that they want to utilize Louisiana Safe Haven law.

9. The baby cannot be unattended (left on the steps or in the bathroom) at the emergency care facility and must show no signs of abuse or neglect. Parents do not have to give their name or any other information and Safe Haven employees will keep everything confidential.

10. After the baby is given to an employee at the emergency care facility, he/she is taken for a medical checkup. The relinquishing parent is provided a card with a toll-free number (1-800-CHILDREN or 1-800-244-5373) to call and receive information about parental rights and provide anonymous information about the infant�s medical and genetic history for adoption purposes if desired.

11. Officials at the designated emergency care facility that received the baby will notify DSS (Department of Social Services). The Office of Community Services (OCS) begins the process to obtain legal custody of the child and to free the baby for adoption.

12. Within thirty days after the relinquishment, a parent who has relinquished an infant may seek to reclaim parental rights by filing in the court in the parish in which the infant was relinquished a motion to retain his/her parental rights. The court shall issue an order for immediate blood or tissue testing for DNA purposes. This is used to prove paternity.

13. The court shall also order the department to immediately conduct a home study of any parent seeking to reclaim or establish his/her rights and promptly report to the court its findings.

14. A relinquishing parent may reclaim parental rights by clear and convincing evidence that: He/she is the parent of the child. Setting aside the relinquishment and permitting the parent to reclaim the child is in the child�s best interest.

15. If the court finds that the relinquishment should be set aside and that the parent may reclaim his/her parental rights, then the parent shall prove also that he/she has manifested a substantial commitment to his/her parental responsibilities and that he/she is a fit parent of the baby.

16. The department shall exercise due diligence in attempting to identify and locate any non-relinquishing parent (the other parent). If a non-relinquishing parent (the other parent) cannot be identified, the court, upon finding that a diligent effort has been made by the department to identify the parent, shall terminate the parental rights of the unidentified non-relinquishing parent.

17. If a non-relinquishing parent (other parent) of the infant is identified, notice of the relinquishment and an explanation of the rights of the non-relinquishing parent, shall be served to that parent. The non-relinquishing parent may oppose the adoption of the baby by filing a motion of opposition with the court within fifteen days after being served the notice.

18. If someone leaves an infant at a designated emergency care facility, do they need to leave their name or other identifying information? A person leaving an infant in compliance with this law is not required to give his/her name. The parent has the option of providing medical or genetic history information to assist in the child�s care or parenting.

19. What happens to the baby after he/she is surrendered? If a child is relinquished to a designated emergency care facility other than a hospital, the child will be immediately brought to a hospital for medical assessment and treatment. After a child is received, a representative of the designated emergency care facility shall immediately notify the Department of Social Services/Office of Community Services of the relinquishment. Upon notification, the Department of Social Services/Office of Community Services will initiate legal proceedings to obtain custody of the child. After being discharged from the hospital, the state will take custody of the child and initiate legal proceedings to free the child for adoption.

20. What happens to the parent who relinquished the child? When a parent relinquishes a child under the guidelines of the Safe Haven Laws, he/she is not guilty of a criminal act of neglect, abandonment, or child cruelty. At the time of relinquishment, the parent is given a card with a toll-free number, 1-800-CHILDREN, which he/she can call to find out more about his/her rights and also to anonymously give information about the infant's medical/genetic history.

21. What happens if the parent who relinquishes the child changes his/her mind? The relinquishing parent has 30 days to seek to reclaim parental rights of the infant. They are to contact the local parish of Community Services for additional information.

22. How many infants have been successfully and safely relinquished to the state? Since 2004, ten infants have safely been relinquished in Louisiana through the Safe Haven law, most recently in April 2009.

23. Where can people call for additional information regarding the Safe Haven Law? They can call toll-free 1-800-CHILDREN (1-800-244-5373).

24. The Safe Haven Law, enacted April 2000, is intended to encourage a parent who might otherwise be tempted to abandon or discard a child, to instead, ensure that the infant will be provided medical care and shelter and ultimately be adopted by others. The law gives parents a mechanism to safely and anonymously relinquish the care of their newborn to the state without fear of prosecution.

25. The law provides the relinquishing parent an affirmative defense against criminal abandonment if the circumstances meet the criteria for �safe haven relinquishments� as spelled out in Chapter 13, Articles 1149-1160 of the Louisiana Children�s Code. By placing the infant in the hands of an employee at a safe haven, the parent is in essence voluntarily relinquishing his/her parental rights to the child for the ultimate purpose of adoption.

26. The following criteria must be met in order to qualify as a Safe Haven Relinquishment: The infant must be less than 31 days old. The infant has not been a victim of abuse or neglect. The infant must be relinquished to an employee of a designated emergency care facility.

27. For more information about the Safe Haven law, call 1-800-CHILDREN (1-800-244-5373) which is supported by Prevent Child Abuse Louisiana, or visit www.LousianaSafeHaven.com.

28. When was the Safe Haven Law enacted in Louisiana? Answer: In the year 2000.

29. Name some designated emergency care facilities. Answer: Hospital Public health unit Ambulance service Medical clinic Fire station Police station Pregnancy crisis center Child advocacy center

30. How many days does a relinquishing parent have to reclaim parental rights? Answer: The parent has 30 days after the relinquishment to file a motion in court to retain his or her parental rights.

31. To meet the criteria of the Safe Haven law, an infant must be less than ________ days old. Answer: 31

32. What is the toll-free number for more information on Louisiana�s Safe Haven Law? Answer: 1-800-CHILDREN, 24 hours a day, seven days a week Safe Haven | Department of Social Services | State of Louisiana