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State law allows parents to give up baby anonymously |
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Tuesday, 03 June 2008 |
Arkansas is one of many states with a “safe haven” law that allows the parent of a newborn to voluntarily relinquish the infant to a law enforcement agency, a hospital or another medical provider or a manned fire station, but a cursory check today revealed that many people aren’t aware the law exists.
In such instances where a mother leaves her baby in these circumstances, the law states that the mother will be allowed to maintain her anonymity.
In addition to anonymity, immunity from prosecution is given to the mother, provided the relinquished newborn is unharmed and meets the age specified by the state’s law.
The Arkansas Department of Human Services reports that a section in the law, called the “voluntary placement of a child,” may be applied when, for whatever reason, the mother decides she cannot or will not care for the baby.
The medical provider or agency that takes possession of a child under this act must perform any act necessary to protect the physical health and safety of the child, the law states.
The medical provider or law enforcement agency will not incur any civil or criminal liability for any good-faith acts or omissions performed in this type of situation, the law notes.
An additional section of the law notes that once the child has been taken to such an agency, the law enforcement officer or appropriate medical employees must take a 72-hour hold of the child and immediately notify the Division of Children and Family Services of the Department of Human Services, where personnel must initiate a dependency petition pursuant to the Arkansas Juvenile Code of 1989.
The Division of Children and Family Services of DHS is required to utilize the Missing Children Information Clearing House and any other national and state resources to determine whether the child has been reported missing.
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