Safe haven: NPD has procedures in place to accept babies left by parents

Safe Haven laws were recently updated in Wyoming to make it easier for new mothers who are overwhelmed by their situation to seek help for their babies, and Newcastle Police Chief Derek Thompson said that his department has a procedure in place in case a baby is received by one of his officers.

“A child surrendered under this law would be handled the same way as any child who ends up in law enforcement custody,” Thompson told the News Letter Journal in an email. “The Department of Family Services would be notified of the situation immediately.”

Approved during the 2024 session of the Legislature, the Safety for a Newborn Child Act updated the existing Safe Haven law to help protect newborn babies, according to a Department of Family Services press release dated July 3.

“Now, a parent of a baby 60 days old or younger can safely give up their child for any reason to ensure the baby is cared for and kept safe. This is an increase from the previous limit of 14 days,” the release says. “Under this law, giving up a baby in this way is not considered abuse or neglect. The child will not be labeled as abused or neglected as a result of the relinquishment as long as the parent follows the guidelines outlined in the Act.”

Sen. Ogden Driskill, R-Devils Tower, said that the law is more important for the children than the mothers.

“It really allows kids to be placed without any consequences. There are upsides and downsides to that, but sometimes for their health it is kind of a good deal,” he said.

He noted that when a child is in a bad situation, particularly a young one, everyone wants to see the kids have a good footing to start a productive life.

“This provides that to them,” Driskill said.

Rep. Allen Slagle, R-Newcastle, said that he also feels the law is a good thing. He said he believes the law is a better alternative to states than abortion.

“There are many couples out there who cannot have children that would love to adopt a child and provide a loving home for them,” he said.

Parents can take their newborns to any Safe Haven location, as long as the location is staffed 24 hours a day, seven days a week. Safe Haven locations are listed in the release as a fire station, hospital, police department or sheriff’s office, but the 24 hour requirement prevents some local agencies from filling that role.

In the case of Weston County, Sheriff Bryan Colvard said that the Weston County Sheriff’s Office does not qualify as a Safe Haven agency because it is not staffed at the office 24 hours seven days a week, nor is the Newcastle Volunteer Fire Department.

“However, if it was to happen, we would accept (not turn anyone away) and take the steps necessary to turn the infant over to the state (Department of Family Services),” Colvard said in an email.

Denice Pisciotti, spokesperson at Weston County Health Services, said that the facility is still working on updating policies to include the additional time frame a child can be surrendered under the new law.

“We plan to notify the public (that) we are a safe haven for newborns by posting a notification at the front of the hospital and on our website,” she said. “We are still in the planning stages.”

Sheriff Colvard said that he is unaware of any instance when the law has been used to turn over a child in Weston County, but Thompson confirmed that his department does qualify as a Safe Haven. Officers are prepared to accept a baby and have a procedure in place to follow.

In addition to notifying DFS, he said, either DFS or the on-duty officer would “most likely” transfer the infant to the hospital to be evaluated, especially if there were signs of illness or other medical conditions.

“We always try to take the utmost caution with children taken into our custody. The child would then be turned over to the Wyoming Department of Family Services and likely be placed in foster care,” Thompson said. “We would compile a report in reference to the situation and make sure all appropriate agencies had a copy of the report.”

Thompson noted that as far as the police department is concerned, the situation is “pretty simple to handle.”

“I would believe the situation would be much more complex for DFS,” he said.

According to Clint Hanes, ombudsman/public information officer for DFS, there is a set of policies DFS county field offices follow in the case of Safe Haven situations.

These policies lay out the department’s role, including that the department assumes physical custody and care of the child immediately upon notice from the Safe Haven provider or hospital. DFS also has the authorization to approve and consent to all necessary medical treatment for the child, and works with law enforcement agencies to ensure the newborn is not a missing child and to refer the case to the proper authority if the child is not reclaimed.

As part of the Safe Haven law, the press release states, parents or their representatives can decide to provide medical history information about the parent(s) or the newborn. This would be done voluntarily.

“However, the Safe Haven provider must inform them that sharing this information is not required to relinquish the child,” the release says. “Additionally, the Safe Haven provider will ask if the child has any tribal affiliation or Native American ancestry. If the child is identified as having Native American heritage, the Wyoming Indian Child Welfare Act will be followed by the court and all involved parties.”

It also notes that the Safe Haven provider cannot demand any information from the person turning over the child, nor can they inquire as to whether the person intends to reclaim the child. Once the child is turned over, either parent has up to three months to reclaim the child before parental rights are terminated, so the child can be adopted.

“If the department has knowledge that the parent requesting the return of the child is the biological parent of that child and there are no maltreatment concerns, then the department shall return the child,” the policy states. “... If the parent does not have satisfactory evidence or is unwilling to cooperate, then the Department shall request assistance from law enforcement to take temporary protective custody with allegations of abandonment.”