Safe Haven Law & Baby Boxes
Indiana and the Safe Haven Law
Since 2001, Indiana has had a “safe haven” law on record. In simple terms, this means that a baby can be handed over to a designated safe place where people will take care of that baby. The person who places the baby at a Safe Haven site will not get into trouble or face criminal charges of any kind. The Indiana Department of Child Services puts it like this:
“The Indiana Safe Haven Law enables a person to give up an unwanted infant anonymously without fear of arrest or prosecution. As long as there are no signs of intentional abuse on the baby, no information is required of the person leaving the baby. Any knowledge of the date of birth, race, parent medical history, child’s health or anything that would be useful to the child’s caregiver would be greatly appreciated. Once the baby is examined and given medical treatment (if needed), the Indiana Department of Child Services will take the baby into custody through Child Protective Services where it will be placed with a caregiver.” (https://www.in.gov/dcs/2915.htm)
In practical terms, a safe haven space is a police station, fire station, or hospital emergency room. The law is also meant only for infants from birth through 30 days of age.
This law was expanded in 2018 authorizing the use of “baby boxes.” A baby box is a safety incubator where a baby can be placed and then receive immediate care without any interaction between the person placing the baby and the person who begins caring for the baby.
That is Safe Haven in a nutshell. In more practical terms, the Adoption Support Center recognizes that leaving a baby with medical personnel anonymously means the mother of the baby is struggling with the reality and practicality of caring for a newborn. Her circumstances are such that she is afraid to do anything else. The baby may not be “unwanted” as DCS suggests, but is the victim of circumstances the mother cannot face.
The short explanation does not explain what happens after the baby is placed in the custody of DCS. The caregiver is most likely a licensed foster parent or approved pre-adoptive parent. Without further contact from the baby’s mother, DCS makes all the decisions for the baby. DCS chooses the family and allows that baby to be adopted by them. The birth mother may never know where her child is or have any other communication.
But what if the mother changes her mind?
What if she regrets dropping her baby off at a Safe Haven site? It is important to know that the mother’s rights are not immediately terminated when she takes the baby to a Safe Haven. She can come forward at a later time, identify herself, and begin to make choices for herself and her baby again without getting into trouble. Since the State of Indiana has legal custody of the baby at this point, the birth mother will need to work with the caseworker in making future plans for her baby. However, the birth mother’s voice can be heard. She will not be in trouble for leaving her baby with a Safe Haven provider.
For more information on Safe Haven Baby Boxes, visit their website.