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Legislative Agreement Reached on Bill Protecting Newborns From Abandonment
Thursday, June 22, 2000
The New York State Senate today passed legislation (S.6688C), sponsored by Senator Nancy Larraine Hoffmann (R-I, 48th District) to protect newborns from being abandoned by despondent mothers. The new law-- which reached two-way agreement between the Senate and Assembly earlier today-- would allow young mothers to deliver their babies into safe hands, rather than abandon them, without fear of criminal prosecution.
"This represents the first time that a state has been willing to meet a woman on her own terms in order to save the life of an infant,� said Senator Hoffmann, who first faced this issue in 1981 when she was a City Councilmember in Syracuse.
�There is no point in making a laundry list of locations like hospitals and fire stations where we want a baby to be dropped off. These girls are frightened, confused and have just suffered through childbirth alone, so they are highly unlikely to be preoccupied with the fine points of a law. All they want is anonymity and a chance to get well. This law allows the mother time to recover from the trauma of childbirth so she can come to her senses and find a safe place where she can leave the baby," continued Senator Hoffmann, an eight term senator.
"Unfortunately, in today's world we see far too many confused young mothers who believe they have no other option but to abandon their newborn out of fear or desperation," Senate Majority Leader Joseph L. Bruno said. "This legislation will give these desperate mothers an option and will give their babies a chance at life. If this bill is signed into law, it will help save the lives of innocent babies and give their mothers' peace of mind."
Under the bill, the mother or father would not be subject to prosecution if they deliver their baby, unabused and less than six days old, to a suitable location and promptly notify an appropriate person of the baby's location.
The bill also instructs the Office of Children and Family Services to develop and implement a public information program about the bill, including informational materials in print, audio, video, electronic media, public service announcements, advertisements and toll-free telephone hotlines.
In the early 1980s, Senator Hoffmann�s Maternity Crisis Task Force created public service announcements with messages like �are you pregnant�, �do you know someone who is pregnant and is afraid to admit it... even to herself?� At the time, she also negotiated informal agreements with District Attorneys in Central New York on a non-prosecution policy for safely abandoned infants. Doctors and nurse practitioners agreed to perform out of home deliveries, and one Syracuse hospital agreed to admit �Jane Doe� admissions.
Senator Hoffmann credited this early task force for helping to highlight the need for legislation addressing the problem of abandoned babies. The work of the Maternity Crisis Task Force served as a guide for this legislation and the ensuing public information campaign.
During her floor remarks, Senator Hoffmann praised Rensselaer County District Attorney Bruno for launching �Project Safe Haven� earlier this year to encourage Capital Region District Attorneys to refrain from prosecuting mothers who leave their newborns in a safe place rather than abandoning them to die.
�Ken Bruno deserves a great deal of credit for launching �Project Safe Haven� and for reaching out to District Attorneys around the state. The support of New York State�s District Attorneys was crucial to the successful of this effort, and Ken Bruno was vital to ensuring that they were included and informed throughout the process,� said Senator Hoffmann.
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