by Jennifer Howard

While it may be difficult to imagine the idea of harming or abandoning an infant, some new parents are unprepared to care for their newborn baby and find that they are unable to meet their child’s needs. Approximately one out of three babies born in the United States is the result of an unplanned pregnancy -- almost 2,500 babies per year in Orange, Sullivan and Ulster Counties. If you are pregnant or a new parent, you should know that there are many resources available for parents who find that they are not able provide for the needs of their child, whether it is a financial, physical or emotional issue.

Safe Haven Laws recently made nationwide headlines when parents in Nebraska were using the protections afforded by the law to abandon teenage children with behavioral problems. The Safe Haven Laws were put in place to keep infants safe and prevent parents who were unable to care for newborns from being prosecuted. New York State’s version of the law, the Abandoned Infant Protection Act, specifies that the abandoned infant must be 5 DAYS OLD OR LESS and the intent of the caregiver must be for the child to be safe in order for the caregiver to be covered under the law. NYS does not clearly define a “suitable location” where the infant can be left or who is an “appropriate person” to care for the child. Hospitals and staffed police stations and fire houses are generally considered safe options for leaving the infant.

Parents who leave their child in a safe place do not have to leave their name and are not automatically giving up parental rights to the child. However, one often overlooked aspect of the law is that it does not prevent the caregiver from being prosecuted. A person who abandons a child can face criminal charges of Abandonment of a Child and/or Endangering the Welfare of Child, but can not be convicted if they meet the criteria listed in the Abandoned Infant Protection Act.

If you are expecting a child or are new parents and find that you are in a situation where you are unable to care for your child, there are options other than abandoning your child. At times, the system can seem confusing, especially to a new parent who may be very tired and under a lot of stress from the demands of caring for the new baby. Your local department of social services and community organizations offer many support services to assist your family. For 24 hour-a-day information about all of the services available in your area, call the United Way Hudson Valley regional helpline by dialing 211. If you are in a situation where you do not feel as though you can reach out for help, the Abandoned Infant Protection Act allows you to leave your newborn child in a safe place without having to give your name. Consider all of your options and make the decision that is best for you and your family.

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