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Running head: POLICY DESCRIPTION NDCC 50-25.1-15 0
Policy Description: NDCC 50-25.1-15
Policy Description NDCC 50-25.1-15: Abandoned Infant – Approved Location Procedure – Reporting Immunity
Deleted names
University of North Dakota
April 5th, 2020
Introduction
NDCC Chapter 50-25.1-15 Abandoned Infant – Approved Location Procedure – Reporting Immunity allows parents to surrender their infant to an approved facility if they are unable to properly care for the child without facing any ramifications. The infant must be unharmed and show zero signs of abuse. This policy is great because it allows for parents to surrender their children safely without the fear of consequences, whereas before this policy, children were being left in trash cans, sewer drains, in bushes and even murdered by infanticide.
This paper will discuss how the policy is expected to work, as well as how the policy is implemented, the resources and opportunities provided by this policy, who will be covered and how, short term and long term goals, funding, the criteria to determine the effectiveness, the administrative figures that oversee and evaluate the policy, the length of time the policy will be in existence, and the grounding on which the policy is based.
How is the Policy Expected to Work?
In North Dakota, a distressed parent or designated adult who does not want or have the capabilities to care for their child can surrender their infant (up to 1 year old) and/or relinquish their parental rights without facing any repercussions for their actions. The parent simply takes the infant to an approved location and leaves the infant with an on-duty staff member. The on-duty staff member that receives the child will do a thorough check-up on the child and make sure the infant has no signs of abuse or negligence.
If there are not any signs of mistreatment, the hospital staff will ask the parent basic information regarding their medical history as well as the infants. That information is important to know for future reference when the child is placed in a foster home, temporary placement, or adopted by a family. If there are signs of abuse and mistreatment, legal measures will be taken against the parent and they will face consequences for their actions. After the staff member does the check-up and the child is declared unharmed, the proper agencies are notified such as social services and child welfare. They will place the infant in a temporary home or into foster care until the child is legally adopted to a permanent and loving home.
What Resources or Opportunities is the Policy Expected to Provide?
NDCC Chapter 50-25.1-15 does not provide any resources specifically, but it does provide many different opportunities. First and foremost, this policy gives the parents the opportunity to abandon their child without any legal ramifications. The parents that are unable to care for their children do not have to live in fear about whether they are going to get into legal trouble if they abandon their child. This policy gives them the opportunity to do it safely and legally. Another opportunity benefits the child and allows them to go to a home where they can be properly taken care of and become successful.
Who will be Covered by the Policy and How?
This policy will cover those individuals such as the parents or someone acting on behalf of a parent, as well as the child, hospital workers, and child welfare workers. When that parent or individual drops an infant off at an approved location, he/she is safe from facing prosecution, unless the infant was abused.
The child is also covered by this policy because they will be surrendered to a safe location instead of on the street or dangerous area like a trash can or bush. This policy is important for children to be covered by because it allows them to keep their life and have the ability to get adopted by a permanent family and grow up in a safe and secure environment.
Hospital workers and child welfare workers are also protected under this policy because they have a proper protocol to follow when handling situations involving an abandoned infant. They do not have to worry about reporting individuals that abandon their child, and they do not have to worry about incorrectly handling the situation as there are rules and regulations in place to protect the workers involved.
How will the Policy be Implemented?
The implementation of this policy will see parents and agents with parental consent leave the infants in approved locations without being charged provided they follow the guidelines of the law. If the policy is passed into the law it would be the responsibility of the state department of health in coordination with the human service to develop and ensure implementation of the policy with help from other agencies (Dailard, 22012). This implementation would range from the creation of public awareness and campaigns so as to ensure the provision of information to the public, law enforcement agencies and as well as social service personnel.
What are the Short- and Long-Term Goals and Outcomes of the Policy?
The purpose of NDCC Chapter 50-25.1-15 Abandoned Infant Policy is that young women will be discouraged from killing their infants if given the proper motivation. Incentives for surrendering a physically unharmed infant is anonymity and protection of legal ramifications.
Short-term goals for the infant, health professional, social worker, and the community are ensuring the safety of the infant and not wanting abandoned infants left in hazardous or detrimental situations like streets, ditches, garbage’s, or other places where they may not be found. Also, another short term goal is to protect the parents from possible arrest, stigmatization, and provide immunity from prosecution.
The extended goals of the policy is to provide the surrendered infant with a permanent loving home, reduce possible trauma, the potential to grow up and become a successful member of society.
What are the Administrative Auspices under which the Policy will be Lodged?
There are many administrative auspices under which the policy will be lodged. For different situations, different administrative auspices will be involved. For example, if a baby is brought to a hospital and dropped of harmed, that would mean a crime has been committed. Once a crime has been committed, legal actions must be taken involving law enforcement and the courts. If a baby is brought to a hospital and dropped of unharmed, law enforcement and the courts would not be an administrative auspice, but instead would consist of the hospital staff that took the child, child welfare workers, and possibly foster care once the child has been fostered out.
What is the Funding Mechanism for the Policy?
At this time there are no funding sources needed for this policy, unless for advertisement and public awareness purposes. The social services agency and referral resources are able to assist in funding for an infant once given up. This funding provided by the agencies can assist with basic necessities like diapers, clothing, formula etc., that the infant would need if the child did not come with anything.
Who will be the Agencies or Organizations Charged with Overseeing, Evaluating, and Coordinating the Policy?
The organizations and agencies that will be mandated to conduct supervision and coordination will include the department of health and human services, the approved location which are the government-approved facilities such as hospitals, and the local child protection unit and department of human service (Dailard, 2012). All these agencies and organizations work in collaboration to see the policy implementation undertaken. The approved location, for instance, is tasked to report to the department within the 24 hours of the infant being left in the facility as indicated in the section 50-25.1-03 of the North Dakota Century Code (NDCC).
The report can be done either in the presence of the infant-parent or agent or after both leave the facility (Murphree Bacon et al., 2018). The department thereafter will proceed as instructed in the policy chapter to do a medical and health assessment of the infant to find out if he or she is harmed. If the infant is harmed the department shall, therefore, initiate a child protection assessment as mandated by the law so as to bring to books those who might have caused harm to the infant.
Finally, law enforcement and other child protection agencies oversee the entire process of the policy and are updated in every step of the process (Murphree Bacon et al., 2018). For example, law enforcement may take on an active practical role by following up on the parent that may have harmed the infant before leaving them in the approved location. This will aid in the process of facilitating the arrest of the wrongdoer’s contrary to the law. According to Sanger (2006) agencies employing child protection will also be responsible to modify current commitment procedures to incorporate the changes into the policy. If there is crime involved with the case, the law enforcement and courts will be handled. If the child was safe and no harm, hospitals and child protection will take over.
What is the Formal or Informal Criteria that will be Used to Determine the Effectiveness of the Policy?
Due to anonymity there is no effective way to determine the success of this policy. According to Safe Haven supporters, the Safe Haven legislation is successful if one infant life is saved (Sanger 2006). However, one way to determine effectiveness is to look at the legislative body. If the policy is effective there will not be a need for a revision of the current policy, but if something within the policy needs to be addressed the policy will be amended to incorporate the concerns.
For What Length of Time is the Policy Expected to be in Existence?
NDCC Chapter 50-25.1-15 has no fixed life; rather, it is expected to exist as long as parents are unable to care for their children and babies are being abandoned in North Dakota.
What is the Knowledge Base or Scientific Grounding on which the Policy Rests?
Due to the phenomenon of infants being harmed and discarded improperly, this policy does not have a knowledge base it rests on, but instead it is created off the emotional response to the incidents such as the North Dakota State University (NDSU) in which an infant was discarded in the dumpster and was never found. These incidences could’ve been avoided if there was more public awareness of the Safe Haven Law.
References
Dailard, C. (2012). The Drive to Enact ‘Infant Abandonment Laws—A Rush to Judgment?. Guttmacher Report on Public Policy, 3(4).
Murphree Bacon, R., Kugeler, K. J., & Mead, P. S. (2018). Surveillance for infant abandonment--United States, 1992-2006.
Sanger, C. (2006). Infant safe haven laws: Legislating in the culture of life. Colum. L. Rev., 106,
753.
