BabySafeHaven
03-12-2004, 03:18 AM
MASSACHUSETTS
http://www.metrowestdailynews.com/localRegional/view.bg?articleid=62742
House OKs baby 'safe haven' law
By Michael Kunzelman / News Staff Writer
Friday, March 12, 2004
BOSTON -- The state House of Representatives gave its initial approval
yesterday to a bill creating "safe havens" where parents can legally and
anonymously abandon a newborn child.
The House voted 137 to 21 in favor of the measure, which allows parents to
leave an infant at a hospital, police station or 24-hour fire station within
seven days of a child's birth.
The parents, who would not be required to identify themselves, could not
be charged with a crime for abandoning the infant unless the child shows signs
of physical abuse.
If the bill clears the Legislature and is signed into law by Gov. Mitt
Romney, Massachusetts would join more than 40 other states that have approved
similar safe haven legislation.
The measure's supporters said safe havens in other states have saved
dozens if not hundreds of young lives.
"You cannot deny that we will, at some point in time because of this law,
save lives," said state Rep. Stephen LeDuc, D-Marlborough. "We don't want to
see any child die. We have babies having babies and they're not thinking in a
rational way."
But the bill's critics claimed it would lead to a rise in the number of
abandoned children.
Rep. Kay Khan, D-Newton, said the measure "sounds like a good idea," but
does nothing to address the reasons why children are abandoned in the first
place.
"This 'don't ask' approach has unintended consequences. It implies that
deserting a child is socially and legally sanctioned behavior," she said.
The state Department of Social Services would take custody of the
abandoned children, but the parents who leave an infant at the safe havens
wouldn't automatically lose their parental rights. The state would have to
obtain a court order to terminate those parental rights.
Rep. Karen Spilka, an Ashland Democrat who co-sponsored the bill, said
safe havens are a pragmatic response to a problem that cannot be legislated out
of existence.
"We know there are teenagers who get pregnant and they panic," she said.
"In their panic, these teenagers do not see any option but for the unsafe
abandonment of their newborns."
The legislation, the result of a compromise between its supporters and
some of its earlier critics, has been languishing in the Legislature for more
than two years.
To appease some of its critics, the bill's sponsors added a "sunset
provision" to the measure. The law would expire Jan. 1, 2006, unless the
Legislature takes action to keep it on the books.
Some lawmakers object to language in the bill that would require DSS to
create an advertising campaign to promote the new law. But the bill was amended
to require the state to set aside money for existing adoption services and teen
pregnancy prevention programs in addition to funding safe havens.
"This is just one more weapon in the arsenal to protect children and
vulnerable mothers," said Rep. Lida Harkins, a Needham Democrat and co-sponsor
of the bill. "We're not saying it should replace anything."
Rep. Anne Paulsen, however, claimed safe havens will drain the state's
"scarce resources" and jeopardize funding for family planning, teen pregnancy
prevention and adoption services.
"Do we want to increase the number of abandonments?" she asked. "It will
be virtually impossible to reduce the number because we have virtually no
abandonments in Masssachusetts today."
The House sent the bill to third reading yesterday. It wasn't immediately
clear when the House intends to take a final vote on the measure. The Senate
hasn't acted on the bill yet.
http://www.metrowestdailynews.com/localRegional/view.bg?articleid=62742
House OKs baby 'safe haven' law
By Michael Kunzelman / News Staff Writer
Friday, March 12, 2004
BOSTON -- The state House of Representatives gave its initial approval
yesterday to a bill creating "safe havens" where parents can legally and
anonymously abandon a newborn child.
The House voted 137 to 21 in favor of the measure, which allows parents to
leave an infant at a hospital, police station or 24-hour fire station within
seven days of a child's birth.
The parents, who would not be required to identify themselves, could not
be charged with a crime for abandoning the infant unless the child shows signs
of physical abuse.
If the bill clears the Legislature and is signed into law by Gov. Mitt
Romney, Massachusetts would join more than 40 other states that have approved
similar safe haven legislation.
The measure's supporters said safe havens in other states have saved
dozens if not hundreds of young lives.
"You cannot deny that we will, at some point in time because of this law,
save lives," said state Rep. Stephen LeDuc, D-Marlborough. "We don't want to
see any child die. We have babies having babies and they're not thinking in a
rational way."
But the bill's critics claimed it would lead to a rise in the number of
abandoned children.
Rep. Kay Khan, D-Newton, said the measure "sounds like a good idea," but
does nothing to address the reasons why children are abandoned in the first
place.
"This 'don't ask' approach has unintended consequences. It implies that
deserting a child is socially and legally sanctioned behavior," she said.
The state Department of Social Services would take custody of the
abandoned children, but the parents who leave an infant at the safe havens
wouldn't automatically lose their parental rights. The state would have to
obtain a court order to terminate those parental rights.
Rep. Karen Spilka, an Ashland Democrat who co-sponsored the bill, said
safe havens are a pragmatic response to a problem that cannot be legislated out
of existence.
"We know there are teenagers who get pregnant and they panic," she said.
"In their panic, these teenagers do not see any option but for the unsafe
abandonment of their newborns."
The legislation, the result of a compromise between its supporters and
some of its earlier critics, has been languishing in the Legislature for more
than two years.
To appease some of its critics, the bill's sponsors added a "sunset
provision" to the measure. The law would expire Jan. 1, 2006, unless the
Legislature takes action to keep it on the books.
Some lawmakers object to language in the bill that would require DSS to
create an advertising campaign to promote the new law. But the bill was amended
to require the state to set aside money for existing adoption services and teen
pregnancy prevention programs in addition to funding safe havens.
"This is just one more weapon in the arsenal to protect children and
vulnerable mothers," said Rep. Lida Harkins, a Needham Democrat and co-sponsor
of the bill. "We're not saying it should replace anything."
Rep. Anne Paulsen, however, claimed safe havens will drain the state's
"scarce resources" and jeopardize funding for family planning, teen pregnancy
prevention and adoption services.
"Do we want to increase the number of abandonments?" she asked. "It will
be virtually impossible to reduce the number because we have virtually no
abandonments in Masssachusetts today."
The House sent the bill to third reading yesterday. It wasn't immediately
clear when the House intends to take a final vote on the measure. The Senate
hasn't acted on the bill yet.
