New Brunswick Needs a "Safe Haven" Legislation to protect those that are unprotected

In 1999, Texas became the first state to enact a "safe haven" law, which is intended to protect children from neglect, abuse, abandonment, or infanticide. Safe-haven laws, versions of which now exist in 48 states but vary from state-to-state, allow parents to safely relinquish custody of newborn infants at hospitals, police stations, fire stations and EMS stations. As of February 2008, only Alaska, Nebraska and Washington, D.C., have no safe-haven laws.

In New Brunswick we presently have no such law to protect those that are murdered by their very own parents. Last year I sent this to a few Members in the Legislature to look at and bring forward motion to our Province. Last year two high level cases happened where two childfen may be alive and well if we did possess this " Safe haven Legislation".

This is my Proposal submitted last March:

Who May Relinquish a Child

In the USA depending on the state, the birth mother, the birth father, legal guardians, and/or individuals acting as representatives of the parents may bring a child to a safe haven. In New Brunswick this should follow suit as the person relinquishing the child must fill in a legal documentation and have valid New Brunswickk Identification to be able to relinquish.

The Age of a Child

In the USA most states require that children be no more than one month old, but some states accept children no more than 72-hours-old and others permit children as much as 1-year-old. The timeframe is deliberately narrow in order to ensure that newborns receive adequate care.

Immunity from Prosecution

The USA some states guarantee that the parents of unharmed infants will not be prosecuted for abandonment, others reduce the severity of charges or make clear that relinquishing a child at a safe haven is an affirmative defense in the event of prosecution. If a child has been abused or neglected, the parent or guardian loses all guarantees of anonymity or immunity of prosecution. I believe all of this should be taken into consideration and the other parent male/female or extended families must have the first option at Guardianship and/or Adoption of the child. The Child must be examined within 48 hours for any forms of such mentioned abuses or neglect and then a 60 day window where family members are given first option.

Ability to Reclaim a Child

The USA depending on the state, parents may have the opportunity to regain custody of their child if they change their mind within a defined time period. In most states, the birth father retains all parental rights if he was unaware that the child's mother relinquished control of the child. This must be upheld and the other family members given option before set child is openly Adopted.

Relinquishing and Adoption

When a child is brought to a safe haven, the employee may ask the parent about the child's medical and family history, though the person relinquishing the child is not required to provide any information. Staff may also provide the parent with information regarding their parental rights once the child is relinquished.

Once a child is given to staff at a safe haven, the infant will be turned over to child-welfare authorities, receive necessary medical care and, eventually, be placed with adoptive parents.