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Safe Haven Policy

Over the past several years numerous states have enacted laws designed to address concerns over infants being dumped in dumpsters, rivers, and toilets. Colorado became included in 2000. The policy official name is “Safe Haven Law” in Colorado legislative it is Emergency possession of certain abandoned children. The policy provides that a parent will not be prosecuted for abandoning a child so long as the parent gives up the child within 72 hours of the child’s birth and the parent(s) leaves the child at one of the “safe” places designated by Colorado statue. In other states it could only be used as a defense in court. The “safe” officials are: a firefighter, hospital staff that engages in admission, or care or treatment of patients without a court order who will take temporary physical custody of the child. The following must be involved: the parent of the child did not express intent to return for the child, the firefighter or hospital worker must perform any necessary care of the child. The firefighter or hospital must inform a law enforcement officer within twenty-four hours. The person the baby is delivered to is not a criminally responsible for any good faith acts. Law enforcement shall take the baby into tempor


The policy benefits the rights of children and keeps them from being harmed. The policy does not include absolute immunity. In Colorado if the baby is unharmed the parent(s) are safe. In other states if the baby is safe the parent(s) receive affirmative defense against the law. In any state if the baby is harmed the parent(s) will receive prosecution in that case the baby would probably not be turned over to authorities (Berkowitz).

Promoters of the safe haven law have provided that the policy will correct history of baby abandonment. Until now if parenting was not an option then there were other legal options such as family members, informal and formal guardianship, and adoption but now abandonment is moving to a legal option to (Ashe).

The policy proposes that it will give people the advantage to give their child to a safe place without prosecution. The policy is financed by the state in which it is adopted. When the children are given up they can be put up for adoption instead of ending up in foster care limbo (Berry). Women and men (parents) dealing with an unwanted pregnancy and deliver of an unwanted baby are affected and will be benefited (legalized). Universal social allocation used because all people can be at risk at some time, anyone is at chance of having a child.

ary custody. Any documents performed shall be subject to the confidentiality provision section. Each county department of social services must update on a monthly basis a report of the number of children who have been abandoned pursuant to this section. Each county must submit such information to the state department of human services. The state department of human services shall submit an annual report to the general assembly, beginning January 1, 2001 that compiles the monthly reports of the number of children abandoned pursuant to this section. The county department of social services shall place an abandoned child with a potential adoptive parent as soon as possible. A county department of social services shall proceed with a motion to terminate the parental rights of a parent who abandons a child (Berry). There are forty-six states that have this policy the states that are excluded are: Wyoming, Vermont, Missouri, Nebraska (Krupp).

The policy includes the theories of rational decision-making, denial of pregnancy, and drug addiction. Rational decision-making are women who kill and or discard their newborns generally made no plans for the birth or care of their children and did not receive prenatal care. The women are not thinking in their right state of mind when dealing with the unplanned pregnancy (AIA). Denial of pregnancy is a big amount of women dealing with an unplanned pregnancy. Most women know of the pregnancy and choose to ignore the pregnancy (Berkowitz). Drug addiction is a theory that is dealt with the babies that are boarder babies. The women will have the baby in a safe place and then abandon them due to avoiding prosecution when hospital staff realizes that the baby is in danger (Berkowitz).

The size of the babies dealing with abandonment at about 105 babies per year could be more or less (Dailard). A woman that is scared or is unable to raise a baby is a defining characteristic. The mothers of abandoned babies often have very few resources and are often struggling with poverty, insecure or inadequate housing. The parent could be in a physically, sexually, and emotionally abusive relationship (AIA). The women distribution is no specific race or class due to most babies found the mothers couldn’t be found.

If we eliminate the

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Approximate Word count = 2401
Approximate Pages = 10 (250 words per page double spaced)


  

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