Happy Fourth of July
Posted July 3, 2009

This weekend, we celebrate the 233^rd anniversary of our Declaration of Independence, which outlines our God-given inalienable rights to life, liberty, and the pursuit of happiness. As we celebrate our nation's independence, may we keep ever in our minds and hearts the men and women who struggled and sacrificed - and who continue to do so - to protect the liberties we enjoy. My God grant us the integrity to be worthy of their sacrifice, and may God continue to guide and bless the United States of America.

Revised Safe Haven Act Stronger Incentive to Life

Last week, the New Jersey General Assembly passed A255, which revises the New Jersey Safe Haven Infant Protection Act to provide parents further protection against prosecution for child abandonment.

The Safe Haven Infant Protection Act, which New Jersey enacted on August 7, 2000, allows parents who are unwilling or unable to care for their newborn babies to bring them - up to 30 days old - to a hospital emergency room or police station. Unless the infant shows signs of intentional abuse, the parents may leave the baby with no questions asked.

The NJFPC strongly supports this Act as it provides vital support to new and expectant mothers who may feel they have nowhere to turn. Safe Haven Laws help these women and young girls chose life over abortion and safety for their children over abandonment in trash bins as newscasts all too often report.

Indeed, between the New Jersey law's enactment and August 2007, 33 babies were saved from abandonment or death.

Yet, as lifesaving as the original law was, under it, parents who surrendered their children could still be prosecuted. In such cases, they could offer what's known as an "affirmative defense," meaning an explanation for actions that excuses or justifies those actions. For example, "self-defense" is an often-used affirmative defense against charges of homicide. Similarly, "insanity" is a common affirmative defense in certain situations.

According to the Child Welfare Information Gateway of the U.S. Department of Health and Human Services, as of July 2007, New Jersey was one of 16 states in which "safe relinquishment of the infant is an affirmative defense in any prosecution of the parent or his/her agent for any crime against the child, such as abandonment, neglect, or child endangerment."  This means the parent could offer "leaving the baby at a safe haven" as an affirmative defense against any charges.

Under the revisions to the New Jersey law, however, which passed the Assembly and is now before the State Senate Health, Human Services, and Senior Citizens Committee, individuals cannot be prosecuted for abandoning a child under the Safe Haven law. Specifically, the revision states:

[No] person is to be liable to prosecution for abandonment of a child if a parent voluntarily delivers and relinquishes or voluntarily arranges for another person to deliver and relinquish a child to law enforcement personnel at a police station or staff at a licensed general hospital, or if the child is relinquished to law enforcement personnel or hospital staff for the express purpose of receiving medical care or treatment for the child with an affirmative expression of an intent not to return for the child pursuant to the safe haven law. 

The bill also seeks further to protect parents and "to encourage parents to safely surrender their infants without fear of identifying themselves" by "prohibit[ing] the Division of Youth and Family Services (DYFS) from attempting to contact the parents of an infant or identify the parent in the event that any identifying information is disclosed when the infant is surrendered unless . (DYFS has received a compliant or allegation of child abuse or neglect against the parents of the infant)."

Additionally, whereas under the current Safe Haven law, DYFS has to file for termination of parental rights no later than 21 days after the division gains custody of the child, under the revisions, that time frame changes to no sooner than 120 days. This means a parent experiencing a change of mind or heart would have 120 days to reclaim his or her baby.

It's easy for many - particularly parents - to wonder how any mother could surrender her child and then simply disappear without wanting to be found. Yet, for countless women and young girls who find themselves facing an unplanned pregnancy - often alone, without support, and many times without financial resources - giving their child to someone who will care for him or her is the only alternative to abortion that they see.

Precious lives have been saved since New Jersey's Safe Haven law took effect, and we encourage the Senate to pass the revisions to the law to encourage even more mothers to choose life for their children.

Archive