Safe haven laws are intended to save newborns who might otherwise be abandoned and left for dead. Each state's safe haven law is different. Oklahoma's safe haven law is intended to save newborns who might not otherwise have a chance of survival. It is not intended to allow the abandonment of older children who would suffer emotionally from being discarded by their parents. The age limit for safe haven laws differ from state to state. Individuals who surrender babies within the age limit of their state will face no criminal charges. Infants surrendered after the statutory age limit could face charges of child neglect and require legal representation.
What is the Safe Haven Law?
The Safe Haven Law is a law that allows a parent or a person with lawful custody to safely and anonymously surrender a newborn at an approved safe haven location without facing abandonment related criminal charges. The surrender must occur at a statutorily authorized location such as a hospital or fire station and must be made to designated on duty personnel, after which immediate temporary custody transfers to the receiving agency and a medical evaluation is required. The law provides criminal immunity only if the surrender strictly complies with the statute and only for abandonment related liability. The Safe Haven protection does not apply if there is evidence of abuse, neglect, or other criminal conduct before surrender. Child welfare authorities must be notified. Parental rights are addressed later through a court process rather than automatically, and the surrendering parent has only a limited and time restricted right to reclaim the child. Oklahoma's Safe Haven law is defined in 10A O.S. §1-2-109 of the Oklahoma Statutes.
The law defines a medical services provider as "a person authorized to practice the healing arts, including a physician's assistant or nurse practitioner, a registered or practical nurse and a nurse aide." A child rescuer includes any of the following: "any employee or other designated person on duty at a police station, fire station, child protective services agency, hospital, or other medical facility."
Although the person receiving the surrendered child may ask questions about the baby or the parent, the parent relinquishing the child is not obligated to answer and the child rescuer must respect the parent's wishes to remain anonymous:
"Any entity . . . to which a parent seeks to relinquish a child pursuant to the provisions of this section may [r]equest, but not demand, any information about the child that the parent is willing to share. The entity is encouraged to ask about, but not demand, the details of any relevant medical history relating to the child or the parents of the child. The entity shall respect the wish of the parent if the parent desires to remain anonymous."
What is the Safe Haven Law Age Limit?
The Safe Haven Law age limit ranges from 72 hours up to 1 year. States such as California and Hawaii only allow infants to be surrendered for 72 hours after they are born. North Dakota allows children up to one (1) year in age to be surrendered without criminal charges. In Oklahoma, the Safe Haven Law age limit allows a parent to relinquish a child who is thirty (30) days of age or younger. The law applies only when the child is no more than thirty days old at the time of surrender to a medical services provider or child rescuer. The statutory protection does not apply once the child is older than thirty days.
It is important to note that the Oklahoma safe haven law applies only to infants up to thirty days old who are surrendered to a hospital, medical facility, police station, fire station, or child protective services agency. In all other cases, a parent who abandons a child may be charged with child neglect and other crimes. Individuals facing charges of are advised to consult with an Oklahoma child abuse attorney at Phillips & Associates to ensure their rights are protected.
