Nurses should know their state’s law
After 13 infants were abandoned in Texas within 10 months last year, state lawmakers passed a law to prevent prosecution of parents who abandon an infant to a licensed emergency medical services provider. As of press time, five states have passed legislation for child abandonment, and 25 states have introduced similar legislation.
However, all the laws are somewhat different, and you should know the specifics of your state’s law so you know how to respond, says Barbara Pierce, RN, MN, director of emergency services for Huntsville (AL) Hospital System.
Plan regardless of the law
Although the specifics of every state law will be different, you should think through the process to plan for this scenario regardless of the legislation, says Marguerite McCarthy, RN, BSN, director of the ED at Baylor University Medical Center in Dallas. "Prepare in advance so that you can respond appropriately, and with confidence and sensitivity, when the situation arises," she says.
Here are brief summaries of the five state laws and a policy adopted by a sixth:
• Alabama.
The law requires that an emergency medical provider report the possession of an abandoned child less than 72 hours old to the department of human resources (DHR) no later than the end of the first business day on which possession occurs. The DHR will assume custody and control of the child at that time, notes Pierce.
"The law also guarantees payment for services and releases the provider from liability damages," she says. "Our plan here is to admit the child as a 'Baby Doe,' to treat medically as needed, and to call social services who will notify DHR and take over from there," she reports.
• Colorado.
Parents can deliver children 72 hours old or younger to a hospital staff member who engages in the admission, care, or treatment of patients. That individual must perform any necessary care to protect, preserve, or aid the health or safety of the child during the temporary physical custody. A law enforcement officer must be notified of the abandonment within 24 hours.
• Florida.
A child up to 3 days old can be left at a hospital or fire station, which is required to provide emergency medical services and care. Except in cases of suspected child abuse or neglect, the parent has the right to remain anonymous and may not be pursued or followed. The parent may claim the newborn infant up until the court enters a judgment terminating the parental rights. The hospital must immediately contact a local licensed child-placing agency.
• Minnesota.
Three Minneapolis hospitals have announced they will care for abandoned infants and work with social services agencies to place the babies in supportive homes. A bill was introduced to lift criminal penalties and civil liability for parents who leave infants up to 3 days old and unharmed at any hospital in the state. Identification bracelets will be given to the mother and child, which gives the mother the option of reclaiming the baby later.
• Texas.
Any emergency care provider is required to take possession of a child 30 days old or younger if the parent doesn't show an intent to return for the child. The provider must inform child protective services by the end of the first business day.
• Louisiana.
The law allows the mother to abandon a newborn at "a designated emergency care facility," which is defined as any hospital, public health unit, fire station, police station, or pregnancy facility.
"However, no matter which emergency care facility a newborn is left, the infant will end up in one of our EDs," notes Jan R. Boatright, RN, CEN, associate director at Priority Mobile Health, an emergency medical services provider in New Orleans. n
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