Reports from Two Infant Safe Surrender Groups Convened by ... · All states have some form of a safe surrender law, but laws vary widely. Laws are aimed at protecting newborns from

Kella Hatcher

Executive Director

NC Child Fatality Task Force

November 7, 2017

Reports from Two

Infant Safe Surrender Groups

Convened by the CFTF:Attorney Work Group

Education and Awareness Work Group

All states have some form of a safe surrender

law, but laws vary widely.

Laws are aimed at protecting newborns from

endangerment by providing a parent in crisis

an alternative to criminal abandonment.

Laws typically allow a parent or an agent of

the parent to surrender a baby safely without

providing his or her identity and be shielded

from criminal liability.

Safe surrender/safe haven laws

2001: CFTF advanced original Safe Surrender

law, “Infant Homicide Prevention Act,” S.L.

2001-291

2016/17: CFTF takes another look at Infant

Safe Surrender and forms two work groups to

examine issues surrounding safe surrender:

Education and Awareness Work Group

Attorney Work Group

CFTF and Infant Safe Surrender

http://www.nclet.net/EnactedLegislation/SessionLaws/PDF/2001-2002/SL2001-291.pdf

Made up of attorneys who specialize in the Juvenile

Code/Child Welfare law from various perspectives

(GAL, parent, DSS) and child advocate

Examined other states’ laws related to safe surrender,

with special focus on issue of anonymity for

surrendering parent

Examined NC’s law to analyze whether the law could be

revised to strike a better balance on the issue of

anonymity, and whether there were other aspects of

the law that could be strengthened

Attorney Work Group

Only a parent may surrender

Only infants under seven days old may be surrendered

May be surrendered to “any adult”

Only 4 categories of people required to accept surrendered

infant:

❖on-duty health care providers

❖ law enforcement officers

❖social services workers

❖EMS workers

Voluntarily delivered by infant’s parent who does not express an

intent to return for infant

NC’s Infant Safe Surrender Law

See G.S. §7B-500(b)

Some differences from other states

• NC is parent only, in some other states agent of parent also, or only mother, or one with legal custody

Who can surrender

• NC is under 7 days, some states allow for older, some younger

• Some states say only infant with no signs of harm, NC does not specify

Who can be surrendered

• NC says 4 categories of professionals required to accept, AND “any adult” may accept

• Uncommon for states to allow “any adult” or similar–many states have narrow parameters for who/where infant can be accepted

Who can accept

surrender

Do anything necessary to protect infant’s physical health

and well-being

Contact the county department of social services or a local

law enforcement agency immediately

Inform parent that no identifying information is required

Immunity: Person accepting surrendered infant is immune from

civil or criminal liability as long as acting in good faith and

absent gross negligence, wanton conduct, or intentional

wrongdoing.

Duties of one accepting surrendered infant

See G.S. §7B-500(c), (d), (e)

Some differences from other states

Many states require specific information to be given to surrendering parent (or attempt to be given), such as information about rights, consequences of surrender, alternatives to surrender, how to seek return of infant, a way to provide medical history, or sources for help;

NC does not require or provide for specific information to be given to surrendering parent, (other than saying identity is not required) and this would not be possible for “any adult” accepting an infant

Some states require medical examination of infant to ascertain lack of harm and/or likely age

One accepting infant may inquire as to parents’ identities and any

relevant medical history

BUT

Parent is not required to provide the information

AND

One accepting infant must tell parent this identifying information is

not required

BUT

Once infant is in DSS custody, treated as any abuse, neglect, or

dependency case requiring diligent efforts by DSS to identify & locate

both parents for purposes of investigation and court process

What about parental identity in NC law?

Some differences from other states

Some states expressly say the surrendering parent cannot be followed or contacted

Some states treat the surrender itself as a voluntary relinquishment of parental rights, so that the case does not enter the DSS investigative process or court process as an abuse, neglect, dependency cases –however there are opportunities for a parent to step forward prior to finalization of legal relinquishment

Some states have requirements about confidentiality related to the person or facility accepting surrendered infant

Some states alter notice requirements to parents

If safely surrendered and no expressed intent to return for infant, parent is immune from prosecution for misdemeanor child abuse, criminal abandonment/failure to support, or unlawful surrender of a child [See G.S. §14-318.2(c); §14-322.3]

Not immune from prosecution for contributing to neglect of minor

Not immune from prosecution for felony child abuse if there is serious injury, but surrender may be treated as mitigating factor in sentencing

Does not deter civil actions under Juvenile Code

60 days after surrender, if parent has not sought return of the child, there are grounds for TPR [G.S. §7B-1111(a)(7)]

Immunity and potential consequences of safe

surrender in NC

Surrender of an infant has no immediate effect on the

rights or responsibilities of non-surrendering parent

Since a juvenile court action will likely follow the

surrender, a non-surrendering parent who can be

identified, located and served can assert or defend rights

in court.

If not identified or located, Termination of Parental Rights

may occur after service through publication

Rights of non-surrendering parent in NC

A legal option available to a parent instead of or after safe

surrender

More likely an informed choice compared to safe surrender

More likely to yield medical and family background information

important to child and adoptive parents

More involvement by parent initially (significant paperwork),

but potentially less involvement and more privacy than a

surrender going forward

No difference with respect to legal rights of non-surrendering

parent

Voluntary relinquishment of parental rights

DSS Information on Safe Surrenders Majority of safe surrender cases result in adoption; aware of 1 case

resulting in family reunification.

The results of a qualitative survey sent to county DSS inquiring about

Safe Surrenders indicated the following:

Hospitals were the most common type of recipient of a Safe

Surrender

At least one of the birth parent’s identities is frequently known at

the time of surrender

Respondents to this county DSS survey provided this feedback for

improvement around safe surrender policy:

More education and awareness is needed

Safe Surrender should be anonymous

Source: Presentation to DSS Attorney Conference by Betty Kelly, Policy Team Program

Administrator, NC Division of Social Services, July 13, 2017

Examination of law & application

revealed potential opportunities

for strengthening

Remove “any adult” from those

designated to accept surrender

WHY?

There is no way to train “any adult” about the requirements for

safe surrender

There is no way to require “any adult” to provide or attempt to

provide a surrendering parent with specific information; this

enables requirement to provide information when possible

Concerns about human trafficking and unlawful custody transfer

when “any person” claims an infant was surrendered to him or her

pursuant to the law

HOW?

Remove “any person” as one who may accept surrendered infant

Provide information to surrendering parent

WHY?

Currently, no information required to be provided in NC; no means for ensuring

accuracy, consistency, or quality of information if and when it may be provided

When possible, surrendering parents should be given accurate information

regarding consequences, rights, and options

Especially since many surrenders are occurring in hospitals, ensuring that a

surrendering parent has good information and resources may yield a different

choice that is better for parent and child

HOW?

Add provision to law that when possible, a surrendering parent be given

information regarding safe surrender requirements, consequences, seeking

reunification, voluntarily relinquishment of parental rights, a form to collect

medical history info, and available services for help with contact information

Require DHHS to develop written material that addresses the above information

to be used across the state by those eligible to accept a surrendered infant

Strengthen protection of surrendering

parent’s identity

WHY? To make it more likely the law will be used in circumstances for which it was

intended to protect a newborn infant at risk of abandonment or harm

HOW?

❖ Adding confidentiality provisions addressing those accepting infant

❖ Modification of immediate response by DSS by requiring that no direct contact

with surrendering parent take place prior to nonsecure hearing that occurs

within 7 days

❖ Modification of court process addressing surrendered infant providing court the

discretion to specify the nature of diligent efforts that may take place to

determine the identity and location of a surrendering parent

❖ Modification of notice requirements to surrendering parent: surrender as act of

waiver of right to personal notice; provisions for immediate notice by

publication

Incorporate steps to help ensure law is

only applied when criteria are met

WHY? More effort should be taken to ensure safe surrender protections are only

available when criteria set out in law are met because the law provides protections for

a surrendering parent with respect to immunity and identity

HOW?

Adding a definition of “safely surrendered infant” and “surrendering parent” for

clarification

Adding a requirement that the infant be reasonably believed to be under seven

days old and without signs of abuse or neglect

Adding a requirement that DSS ascertain from a health care provider that the

surrendered infant is, to a reasonable medical certainty, under seven days old and

without signs of abuse or neglect

Adding a provision that emphasizes that safe surrender law provisions are only

applicable when criteria are met

Made up of representatives from CFTF, DPH, DSS, DPI, child

advocates

Examined history of ISS education and awareness

Updating DHHS Infant Safe Surrender website and

determining ways to use existing channels to educate and

increase awareness via DHHS website

Development of new channels and campaigns to educate

and increase awareness is on hold pending results of

Attorney Work Group recommendations

Education & awareness work group

Original legislation addressing safe

surrender required DHHS to develop

a plan to educate public about the

law, targeting adolescents and

young adults, and to report back on

plan [S.L. 2001-291]

2002: DHHS reported back on plan,

which included recommendations

for funding an education/awareness

campaign

2003/2004: Legislature did not

appropriate funds for

education/awareness but required

DHHS to incorporate education and

awareness into other state-funded

programs.

2003-2005: DPH sought and was

awarded Governor’s Crime

Commission grants. Training and

awareness campaign followed.

2006: Legislature appropriated

$98,000 (nonrecurring) to DHHS

Secretary’s office for public

awareness of safe surrender of

infants campaign

2007: Legislature required schools

to annually inform students in

grades 9-12 about infant safe

surrender [S.L. 2007-126]

Education & awareness brief history

Current DHHS Safe Surrender website:

https://www.ncdhhs.gov/assistance/pregnan

cy-services/safe-surrender

[Logo used

in previous

campaigns

& training]

Improvements to DHHS Infant Safe

Surrender Website are underway

https://www.ncdhhs.gov/assistance/pregnancy-services/safe-surrender

Plans for Education & Awareness

Outreach through existing channels to remind those already

interacting with target populations about the law, and connecting

their populations with the DHHS website as best source of info

Target audience for awareness: Middle and high school students;

young women in general, especially at-risk populations

Effective channels for reaching target audience with future

campaign (besides schools already required to reach students):

• Pediatricians

• Obstetricians

• Public health agencies

• Managed care organizations

• Domestic violence centers

• Rape crisis centers

• LGBTQ centers

• Homeless shelters

• Women’s health clinics such as

planned parenthood

• Foster care/DSS families

• Female prison populations

• Juvenile detention facilities

Effective Elements for Future Campaign

Brochure

Flyer

Poster

Postcard-size card

Handout customized for

school personnel

Creation of a more robust

DHHS website

Social media initiatives, an

important key to reaching

young target audiences

Explore whether ISS could

be integrated into mobile

safety applications that

schools are using

Have an annual ISS

awareness “push” every

year during April child

abuse prevention month

Recommendations for Education &

Awareness

1. Continue to administratively support the work of this ISS Awareness Group

in order for the group to:

Determine and implement outreach through existing channels once

updates to the DHHS website and links to materials are complete.

Make recommendations toward next steps for the development of a new

ISS education and awareness campaign once issues surrounding the law are

settled.

2. Recommend that the state appropriate funds for an education and

awareness campaign for Infant Safe Surrender; the amount and timing of

funding to be determined based on the outcome of issues surrounding the

law.

Summary of analysis of the law for CFTF

consideration: potential areas to strengthen

Remove “any adult” from designated persons to

accept surrendered infant

Require DHHS to create informational materials for

surrendering parent and require those accepting

infant to provide such information to surrendering

parent when possible

Strengthen protections for a surrendering parent’s

identity

Incorporate steps to better ensure that law is only

applied when Safe Surrender criteria are met

Questions?