Recent Case Puts New Twist on Drive For Safe Haven Legislation
By Jennifer Peter
Originally published by The Associated Press, March 7, 2002
BOSTON (AP) — In many ways, it was a success story.
The father of an unwanted child rushed into a Springfield hospital early one February morning and handed over his premature daughter, wrapped in a bundle of towels.
He didn't toss her into the Ware River like one young woman did earlier this year. Or dispose of her in a Logan Airport toilet, as Kelly Angell did in 2000. Or abandon her body under a tree in a Dorchester cemetery like "Baby Rebecca" in November.
But the young father made a serious mistake. Instead of taking her to a hospital in Connecticut, where authorities believe he lived, he crossed into Massachusetts, which is one of only 15 states that does not protect parents who leave unwanted children in safe hands.
The baby girl received immediate medical care and, according to the state Department of Social Services, is "doing fine." But the parents, who would have been protected if they had brought the baby to a Connecticut hospital, became the target of a police search. They have not yet been located.
This case has put a new twist in the two-year-old quest for "safe haven" legislation in Massachusetts, where previously the debate was fueled by tragedies.
"This parent was attempting to do the right thing, to get the child to a place it would be cared for," said Rep. Thomas O'Brien, D-Kingston, a lead sponsor of the bill currently under consideration. "This is a perfect example of why we need this legislation."
Despite widespread support including endorsements from both sides of the abortion debate the legislation has languished in the legislature for more than two years. It currently awaits action by the House Ways and Means Committee.
"I think we have a very good shot of getting this passed this year," said Rep. Barry Finegold, D-Andover, the other lead sponsor. "Each year there are unfortunately more cases and each year there are more supporters."
Ways and Means Chairman John Rogers, D-Norwood, said he agreed with the bill's concept, but added that district attorneys have raised wording issues regarding parental rights. He said the state also needs to develop a publicity campaign.
"Saving babies is the goal of this bill, but it's fraught with peril if we don't close the loopholes," Rogers said. "And it's useless if parents don't know about it."
Supporters argue, however, that technicalities and fear of legal challenges are getting in the way of saving lives.
"They're wrangling over little bits of language right now," said citizen activist, Michael Morrisey, of Lexington. "But I say it's always better to litigate over a live baby than to bury one."
Since 1999, when Texas became the first to adopt so-called "safe haven" legislation, the initiative has swept across the nation. At least thirty-four states have since adopted versions of the bill, according to the National Conference of State Legislatures. The legislation is designed to discourage abandonment by protecting parents from prosecution if they bring their child to designated safe havens within a certain period of time.
Also currently considering bills are Colorado, Maryland and Washington.
Under the Massachusetts version, O'Brien and Finegold said, parents would be protected if they brought the child in good health to a hospital, police station, or fire station within 30 days of birth.
In Connecticut, the law is stricter: parents can bring their children only to emergency rooms.
That's why at 1:45 a.m. on Feb. 8, a counselor at the AMT Children of Hope Foundation a New York-based hotline for parents of unwanted children told a young man from northern Connecticut that he would have to deliver his newborn directly to a nurse or a doctor.
"I tried to get him to take the baby to a hospital in Hartford," said foundation director Timothy Jaccard. "But apparently he wound up going across the border."
At 3 a.m., the young man walked into Baystate Medical Center and handed his child to a nurse. Then he fled. Under current state law, the parents of the child could face up to two and a half years in jail for this abandonment.
Police initially pledged to "call every ob-gyn (obstetrician-gynecologist) in the city." The parents were not found, however, and the police now say they have no leads.
The baby girl, whose location has not been disclosed, will likely be adopted once she is released from medical care.
"This baby will have a very loving home," said DSS Public Affairs Director Carol Yeverton.
