It’s Time to Broaden America’s Safe Haven Laws

Michelle Jones spent 20 years in prison for the murder of her child, who was reportedly conceived of nonconsensual sex and killed years later in the midst of what Jones described as a psychotic episode.

Her story has recently gained much discussion because she was denied duly earned admission to Harvard’s graduate history program when they learned about the crime. Jones has been accepted by New York University, where she will have a chance to thrive.

Much of the media attention is appropriately on Harvard’s decision to reject Jones, a decision that appears to be motivated by fear of how the news might spin their being accepting of a child murderer. But the dimension of Jones’ story that interests me is that of an adolescent who never wished to be a parent, was forced to do so, and the devastating consequences that had for her and the child.

There is a great need to review the laws by which we judge parents who do not wish to parent and, in too many cases, sentence their children to unnecessarily harsh lives.

A little more background on Jones. She had a child at age 14. When her mother beat her for it, she was sent to a group home. Custody of her child was initially granted to the family of the baby’s father, and then Jones was told to resume custody of the child.

Shortly after this transition, the child disappeared.

Although this is not a typical series of events for abandoning parents, it includes key features in common:

  • Having a child when you are not ready to care for her
  • Intently wanting another life other than the life of parenting
  • Kin are not judged to be an acceptable alternative to care for the child
  • Having no obvious legal way to say that you do not want to parent this child

Every American state has laws against abandoning a child and most offer little legal room to voluntarily relinquish custody of a child you cannot parent effectively. That small legal window provided in most states is what’s known as a safe haven law.

These laws currently provide a narrow window of time for parents who wish to surrender their child. Most states require the surrender in 72 hours, a month or 90 days; a few permit it up to a year after the child is born. The surrender must be to a responsible adult with far more specificity about who that adult can be in other states.

Noting the limited success of safe haven laws, the bipartisan National Commission to End Child Abuse and Neglect Fatalities recently recommended that each state extend this allowable time to one year. This is still too short. As in the case of Jones, many parents struggle mightily with the responsibilities of parenting for years. They know that this is not right for them and, as a result, they barely cover the basics of acceptable parenting.

A very small number of these parents will kill their children. Many more will abuse or neglect their children, which is a path to having their child removed from their care and placed into foster care. In many other families, children will be dragged through life by a resentful parent.

We need a broader and more effective safe surrender program. What if a few states acted to extend the age of surrender to 1 year, and, then, if the children’s services agencies did not find themselves overwhelmed, move it to two years? And then three, and, eventually, to five years?

What if more parents considering this had the opportunity to come in and talk to a professional about their predicament, without fearing arrest for abandoning their child or without having a maltreatment allegation substantiated to get help from children’s services? Could we lessen the child mortality rate? Could we save some parents from role failure in roles that no one thinks they can manage?

Safe haven offers an opportunity to help many desperate parents get the assistance they need to not feel that way. For the parents who genuinely cannot continue in the role, it offers a path for children to be adopted by people who are eager to become parents, or with relatives who can better care for them.

A wider window on safe haven laws means fewer kids who die each year at the hands of their parents, or whose hopes for a decent life die because they and their parents have no safe passage to anything approaching a flourishing life.


Richard Barth
Richard Barth
is dean of the University of Maryland School of Social Work.

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1 Comment

  1. Sadly there have been 100 deadly newborn abandonments across the country in the last 18 months
    That’s 100 dead newborns!
    What is the response of the major safe haven awareness campaigns across the country? You’re seeing exactly what they do in this article. The same exact response to deadly newborn abandonments took place just weeks ago in Illinois. Same in Indiana, New Jersey, Michigan, South Carolina, and most of those states these where deadly abandonments happened multiple times in the last six to twelve months. California has 5 or more abandonments per year. They have multiple funerals, and a dedication of a park to the safe haven children by a 70 year old county supervisor.
    Where isn’t this endless set of senseless tragedies taking place? Massachusetts. We’ve had only one deadly newborn abandonment in the last 10.5+ years! Only 1 abandonment in almost 7 years.
    ZERO abandonments in the last 3 years!
    What is Massachusetts doing to stop 95% of newborn abandonments? That’s right we’ve stopped 95% of newborn abandonments!!!
    We use standard demographic marketing of our Baby Safe Haven law!! It’s teen and 20 year olds that use the laws, and they are the ONLY ones you see out in the media promoting Baby Safe Haven in Massachusetts!
    NEVER do you see a 50+ year old official using a shaming message against Generation Y or Z. It’s peers helping peers in crisis. AND IT WORKS!!
    We NEVER use safely surrendered babies or children to mock teens who are in crisis and need to make tough decisions.
    All the states who use the old advocates, old so-called “experts,” old officials and old politicians to exclusively promote their laws have the HIGHEST numbers of newborn abandonments!
    And every single one of those states does this exact same strategy again and again when another deadly newborn abandonment takes place. It’s insane!
    They all know that Massachusetts has stopped 90% of these tragedies, but they refuse to follow a program that puts teens and 20 somethings out in front of the press every single time. The old officials, and so-called experts, see their face time as more important over the death of the next newborn. And there will be another deadly newborn abandonment again, sometimes in just weeks, because they can’t communicate with Gen Y & Z. It’s insane!!
    ~~~~~~~~~~~~~~~~~~~~~~~~~
    Introducing just a few of the young people who will inform their peers across the country, following our Massachusetts model.

    The originator of the MA campaign with over 100 media coverages for Baby Safe Haven: http://youtu.be/k3dn_DPodPw & http://www.clipsyndicate.com/video/play/1750474/boston_s_view_singer_renee_marcou & http://youtu.be/sPl0NOyV4ro & http://www.wickedlocal.com/article/20080921/News/309219734 & http://youtu.be/xAC9QMw27v4

    A 15 year old in Massachusetts: https://youtu.be/QtGy8dD_54w

    23 year old from Indiana on YouNow social media platform promoting Baby Safe Haven: https://youtu.be/Jpbnx3vW5-0

    Here’s 16 year old in Wichita, KS, on radio, TV, and front page newspaper coverage: http://youtu.be/npu_8TcIKMk & http://ksn.com/2014/07/01/baby-safe-haven-awareness-campaign/ & http://www.kansas.com/2014/07/05/3540671/wichita-teen-a-spokesperson-for.html

    This 20 year old is the only bilingual spokesperson/advocate for any Baby Safe Haven law in the US. In Chicagoland en Espanol: https://soundcloud.com/dtvpro/kiararivera-on-la-ley-1079-chicago & http://youtu.be/5UxXYlfhS2g

    18 year old in Danbury, CT, on radio and another front page newspaper story and in a recent tragedy: http://wnyt.com/article/stories/s3976172.shtml & http://www.twcnews.com/nys/capital-region/news/2015/11/29/officials-say-baby-safe-haven-is-the-answer-for-abandoned-newborns.html And: https://soundcloud.com/dtvpro/despina-drougas-on-98q-baby-safe-haven & http://www.newstimes.com/local/article/A-safe-haven-for-unwanted-babies-5663837.php

    16 year old in Knoxville, Tennessee: http://youtu.be/qtmypoHp3Vw

    In Los Angeles, SOTs for TV news use: 1 – http://youtu.be/Nv5nlJzS4yE 2 – http://youtu.be/7hHOI7yajL4

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