Indiana officials say two baby boxes—newborn incubators that allow
women to anonymously surrender their infants—are illegal under state law
and must be removed.
In a letter sent in early June to Safe Haven Baby Boxes, the nonprofit
organization that installed the boxes, Indiana’s Department of Child
Services (DCS) said the boxes are not a legal way for mothers to give up
their babies. Women who use the boxes could face child abandonment
charges, the agency warned.
But Safe Haven founder and director Monica Kelsey said the organization
will not remove the boxes and will continue plans to install more
across the state. In a letter to Indiana Gov. Mike Pence, attorney James
Bopp said DCS has “no legal basis for the position that Baby Boxes are
currently unlawful.”
Last year, the Indiana legislature passed HB 1016, requiring DCS to
submit recommendations to the state assembly and the governor for the
installation and operation of newborn safety incubators. Pence signed
the bill in April 2015. But instead of submitting recommendations by the
January 2016 deadline, the Indiana Commission on Improving the Status
of Children voted not to endorse HB 1016 and instead promoted the
existing Safe Haven law.
“I want to be clear in stating that ‘baby boxes’ are not an authorized
way to protect abandoned infants under Indiana law,” wrote Mary Beth
Bonaventura, director of DCS, in the letter to Safe Haven.
Current Indiana state law includes a Safe Haven provision for women to
legally relinquish custody of their newborns, up to 30 days after birth,
at a hospital, fire station, or police station. As long as the baby
shows no signs of abuse, the mother is shielded from any legal charges
for abandonment or neglect. The law requires a mother to surrender her
baby to a staff member during operating hours, not simply drop the baby
at the door. This allows staff to offer assistance to the mother and, if
she is willing, to collect basic health information about the child.
But Kelsey contends some women are intimidated by a face-to-face
interaction and claims the boxes provide a safe location for those who
might otherwise abandon their infants. Indiana state Sen. Travis
Holdman, a Republican, said Friday he plans to work on legislation that
would allow the use of baby boxes. In the meantime, DCS announced it
will investigate any report of an infant placed in a Safe Haven baby
box.
Dawn Geras, founder and president of Save Abandoned Babies Foundation
in Chicago, said plenty can be done to make Safe Haven laws better but
installing baby boxes is not a good option. Geras helped write the
Illinois Safe Haven law and has since worked to advocate for and shape
state Safe Haven laws across the country. She contends baby boxes
eliminate the opportunity for a desperate mother to get any kind of help
and make the act of surrendering her child something to be hidden.
Instead, Geras said states should improve signage at drop-off locations
and communication about Safe Haven laws so women know it’s a legal
option. She also advocates for unifying state laws. Although all 50
states and the District of Columbia have Safe Haven provisions, the
acceptable locations and the timeline differ state to state. That can be
confusing for a woman trying to make a difficult choice, Geras said.
According to the Save Abandoned Babies Foundation, 3,227 infants have
been safely surrendered nationally since states started adopting Safe
Haven laws in 1999.
This week added one more. On June 13, a mother safely surrendered her
baby at the fire department in Napoleon, Ohio, according to the Defiance
Crescent-News. The child is safe, healthy, and will be cared for,
according to a police statement.
Courtesy: WORLD News Service
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