Family Forum / Parenting / Adoption / November 2004

MASSACUSETTS

Tobin's bill gives newborns safe havens statewide
West Roxbury Bulletin - Jen Mehigan - November 4, 2004

Just around the same time the Red Sox swept the World Series victory, a home
rule petition known as 'Safe Haven' that began in City Councilor John Tobin's
office, officially started.

Safe Haven is a program that allows women to legally leave newborn babies
within 72 hours of the child's birth at safe sites without launching criminal
action, if they have no other option.

The parent does not have to prove his or her name or any other type of
information. Basic health information about the child and parents is not
necessary but can be helpful, according to the website
www.safehavenfornewborns.org. The baby will be given a health exam and placed
in custody of the state to eventually be adopted.

Police stations, fire stations, hospitals and other sites would be listed as
legal depots for babies that might otherwise be left in a garbage can or
outside somewhere.

The Massachusetts Baby Safe Haven law became effective Oct. 29, at one second
after midnight and the Baby Safe Haven hotline at 1-877-796-HOPE takes all
calls concerning information and crisis intervention. EMTs, paramedics and
firefighters man the phones.

The Massachusetts Baby Safe Haven law decriminalizes the act of safely
surrendering a newborn, under 7 days old that has not been abused, into the
hands of firefighting personnel at a city or town manned fire station, into the
hands of police personnel at a manned police station anywhere in the state, or
into the hands of hospital personnel at any hospital in the state.

The House passed Tobin's home rule petition for Safe Havens in July, creating
places where newly born infants can be safely taken if the mother decides to
abandon it.

Councilor Tobin was excited that something he started over a year ago has
become official and could positively affect so many people.

"It's going to be great, not only for that (becoming official) but that it's
going statewide. That was always our mission, to make it across the
Commonwealth. ... To a lot of legislators, when it started happening in their
own communities, they gave it another look," Tobin said. "It was a lot of work
going to the State House and testifying, having meetings. ... It's really
gratifying for me and my family."

Tobin, who filed an order for a hearing to consider a Safe Haven Law for Boston
in January 2003, said the idea for the bill originally came from his mother.

"Always listen to your mother and don't be so pessimistic," Tobin said. "At
first when she called me I thought, 'we can't do this because no other city had
done it.'... It wasn't so crazy after all."
In an interview with the Bulletin in 2003, when he filed the ordinance, Tobin
shared his personal story of why this law is important to him and his family.
The Tobin family had given a foster home to several children throughout John's
life but the family gave a permanent home to one child who came their way.

John's brother Patrick had abandoned under a motorcycle in a duplex. The man
who lived there found Patrick and took him to the police, who then took him to
the hospital.

"He would have died if he wasn't found in a couple of hours. His body
temperature was down to 91 or 92 degrees," Tobin said in a previous interview.
Patrick was placed with the Tobins and the family looked into adopting the week
old baby right away.

Tobin's order was based on a bill proposed in the State Legislature the year
before that passed in the House but was held up in the Senate. It was re-filed
but Tobin wanted to push for the bill on the local level.

However, if the new law fails, Tobin will be the first to admit it.

"I've always supported the Sunset Provision, so we can come back and evaluate
it," he said.

The Sunset Provision is a review process in which laws are re-examine laws
every few years to check on whether they are working as intended. The law will
be reviewed in two years and another vote will take place to see if the bill
will continue to be on the law books.

"I've pledged before, I'll do whatever it takes to see that it works," he said.
"If it helps one baby, it's been worth it."

Tobin added that he expects many women to use the toll free 800 number to
simply talk to someone who might be able to help them.

Paul Wingle, spokesperson for the Massachusetts Hospital Association, a
not-for-profit organization comprised of hospitals, health systems and related
organizations, said his organization is in favor of the legislation.

"We're going to help distribute the state guidelines for Safe Baby Havens to
our member hospitals," he said.

When asked about legal issues associated with regulation like this, Wingle said
the most important issue for the hospital is who will be responsible for the
child and have the ability to make medical decisions.

"For hospitals, with care issues they always look to the next of kin," he said.
"That's the number one issue - the hospital will need an authority to step in
and make medical decisions for the child. ... If the state can step in as the
guardian almost immediately, then that authority will be set."

When asked about other concerns hospitals have had about the legislation,
Wingle said many wondered about who will cover any costs and how to identify
who has custody of the baby.

"It's been an open process and DSS (Department of Social Services) has
collaborated with us pretty closely. There have been some questions about the
custody of the child once it's in the hospital," he said. "We're hoping the
state will use the same system, the 51a system."

The 51s system refers to Massachusetts General Law Chapter 119, Section 51A,
which hospitals uses if a child that has been abused or abandoned, he said.

The section of that law requires that "a mandated reporter who has reasonable
cause to believe that a child under the age of 18 years is suffering physical
or emotional injury resulting from abuse, including sexual abuse, or from
neglect, shall immediately report such condition to DSS. Mandated reporters
include public and private school teachers, educational administrators,
guidance or adjustment counselors, psychologists, attendance officers, social
workers, day care providers, health care professionals, court and public safety
officials," according to the Massachusetts Department of Education website.

"That would be reassuring," he said. "There was also a question of how
healthcare might be covered."

Wingle said it's likely that MassHealth will take that issue on.

Wingle said his organization did not actively lobby for the bill, but has
worked with the sponsors to make sure their input was used.

"It's our hope that the bill will save lives. ...Our hope is that the bill will
work," he said during an interview in July.

Lieutenant Richard Powers of the Boston Fire Department Public Information
Department said all the city's fire houses were prepared.

"If someone brings a baby in there and leaves, (the firefighters) will call EMS
and transport it to the hospital," he said.

Plus, since every firehouse has EMTs, they could care for the child's needs and
keep the baby warm and check it for any medical issues.

"Plus, we're here 24 hours a day, so that wouldn't be a problem," he said.