policy Project Part IV i unloaded the instruction all this is apart 4, which means part 1,2,3 This part is policy analysis. read the other three and it will be same policy just like 1,2,3 i als
Running head: HB1285: ABANDONED INFANT 0
House Bill 1285: Abandoned Infant – Approved Location Procedure – Reporting Immunity
Defusing the Abusing
Delated names
University of North Dakota
February 23, 2020
Introduction
According to the North Dakota Century Code (2001), an abandoned infant means an infant who has been abandoned at birth at a hospital or before reaching the age of one year regardless of the location of birth and who has been left with an on-duty staff member at an approved location in an unharmed condition. In the past, there were not any safe and approved locations to drop, or abandon, the infants. Because of this, parents resorted to throwing away their babies in dumpsters, or even committing infanticide, which is “the crime of killing a child within a year of birth” (Definition of Infanticide, n.d.). To help with this issue, the North Dakota Century Code (NDCC) Chapter 50-25.1-15 established secure, safe, and approved locations, a procedure to properly and safely abandon the infant and reporting immunity (North Dakota Legislative Council [NDLC], 2001). House Bill 2098 is attempting to amend various components of NDCC 50-25.1-15 relating to abandoned infants at certain locations; and to provide for a report to the legislative management (HB 2098, 2019).
What Historical Problems Led to the Creation of the Policy?
There are several different historical problems that have led to the creation of this policy, one of which was the act of infanticide. Infanticide, as mentioned above, is the crime of killing a child within a year of birth (Definition of Infanticide, n.d.). Infanticide was particularly common in China and was known in China as early as the 3rd century BC, and, by 960-1279 AD, it was widespread in some provinces (Infanticide, 2020). China participated in sex selective infanticide, which meant that they favored the males over the females. If a mother and a father produce a boy they congratulate one another, but if they produce a girl they put it to death (Infanticide, 2020). Because there were not any approved and safe locations for the families to abandon their daughters, the families killed them, leaving numerous infant deaths that approved abandonment locations could have prevented.
Another historical problem is the concept of poverty or being poor. Poverty is defined as, “not having enough material possessions or income for a person's needs” (Poverty, 2020). Taking care of yourself is very difficult when the funds are slim but adding a child or two into the mixture when money is already tight creates a very challenging situation for the parents, as well as for the child(ren). According to Infanticide (2020), in China, Buddhist beliefs in transmigration allowed poor residents of the country to kill their newborn children if they felt unable to care for them, hoping that they would be reborn in better circumstances. This shows that if the caregiver does not have the funds and are unable to care for the child, they are able to kill them and get rid of them. Parents that are in poverty or are unable to care for their children are more likely to abandon their children, and before this policy there was not approved locations for abandoning children, so they would throw them in the dumpster, parks, or any other place to get rid of them.
How Important have these Problems Been Historically?
It was until the 1980s where there were recommendations about how the abandonment process of a child should take place. The baby should be surrendered to a safe haven and it’s only the mother who is able to relinquish her baby. It is specified that it is only the mother who has the capability to surrender her infant or baby to the authorities. When someone has been approved by the parent, they can also be able to surrender this infant. In states such as California, when you are relinquishing a baby you must have the legal rights to do so. Each state has legal laws about how this is done. When the children are surrendered, the care providers must inquire for the medical history of the baby. The care provider must accept the baby and give a medical condition that is instant. When a baby is replenished, they must be taken to a hospital for medical attention.
How was the Problem Previous Handled?
There are laws that stipulate how the problem is handled in North Dakota. When abandoning a child who is unharmed and not older than a year in any hospital without being prosecuted at all. The hospitals must accept these children and request for the information of the infant, then they will also inquire for the medical history and the parent or the care giver is not usually forced to give this information, the usually give at their free will. This is helping the parents and the agents to be open and willing to give information about the child improving their welfare.
The hospital then gives the parent a bracelet with the link to the parent. The bracelet does not have information such as that of the maternal and paternity but while demanding for the custody of the child, the parent must produce this bracelet once more. The hospital then gives the parent information that is concerning care centres for the abandoned children. They provide counselling services and even whoever will be contacted if these children want their children back. (Lwoff, N. M., Lwoff, V., & Klaus, M. H. 2000)
Within one day of receiving these children, the hospital must report to the department about these children that have been abandoned and are at the hospital environs. It is important to note that this report cannot be given before the parent leaves the hospital. The department then checks it the child is harmed of not. It the child is harmed then there will be an investigation of the matter and if unharmed then the parent of agent will be contacted. If the parent wants the child back, they may contact the department once again and do so. This is improving the parent’s confidence in these facilities.
What is the Historical Background of the Policy?
Throughout civilization, many cultures practiced abandonment of infants, by means of infanticide (the purposeful act of causing the death of an infant child), exposure (the action of deserting where he/she may or might not be discovered by others) or given to a church or other religious organization. The largest increase of abandoned children for the United States was between 1853 and 1930. Baby farms, places where individuals boarded unwanted infants for the state or parents for profit alone. For women with illegitimate infants, or who were seen as economic liabilities, infanticide or abandonment were agonizing choices. Without healthcare coverage or assistance programs, many individuals made the decision to abandon their infants. In larger cities, officials would find hundreds of tiny babies in ditches, cesspools. trash cans, culverts, and rivers. In some circumstance’s women left their infants in public places where they could be found by others.
This law has been implemented by many states and North Dakota is thankfully one of them. This law does a great job of helping to make sure that the issue of infant abandonment is well handled, and that it is reported quickly if a baby is found in a location that is not safe. A few examples of unsafe locations include the restrooms, parks, trash bins, and trash dumpsters. The laws such as the Baby Moses Law, and the Infant Safe Haven Laws were formed and enacted in 1999. These laws make sure that when the mothers want to relinquish their children, they do so in a protected and safe location in general. They also help the parent in terms of remaining unanimous. They cannot be prosecuted at all for the following acts: child abandonment, child endangering and neglecting a child as long as they take their child to an approved location and the child is unharmed.
When Did the Policy Originate?
NDCC 50-25.1-15 originated in 2001 (NDLC, 2001).
How has the Original Policy Changed over Time?
The policy allows a parent or guardian to leave an infant at a hospital without facing charges or prosecution for abandoning the infant. Although leaving a child at the hospital is not an ideal situation, it is better than a parent leaving them in a dumper, trash can, etc. This policy is not state wide known because it has not been really used or made known to mothers as an option when dealing with unexpected pregnancies and situations where they feel they cannot take care of their infant. As long as there are no signs of abuse this is legal at any hospital in the state of North Dakota. This means that any parent or guardian can surrender an infant before the age of one years old and not be charged for abandonment or be tracked down. The infants who are surrendered go into the foster care system. In 2005, a father attempted to surrender an infant because he was overwhelmed and was told he could surrender the infant at the hospital. The staff was unaware of the law and called the police, but the charges were dropped. The House Bill 1285, unanimously passed in April 2019 by the House and Senate, added additional locations where people can surrender infants. Stating and clarifying the details of an infant being born and left at a hospital is considered to be part of that law. In April 2019, the legislature passed a bill to expand the locations for an infant to be surrendered legally. Effective October 1, 2020 an advised update of the bill will be ready, as far as other locations for an infant to legally be surrendered other than a hospital.
What is the Legislative History of the Policy?
In the current 66th Legislative Assembly, House Bill NO. 1285, a bill for an act to amend and reenact section 50-25. 1-15 of ND Century Code relating to abandoned infants at certain locations, attempting to amend components of NDCC 50-25.1-15. This bill was introduced to the Senate by the Human Service Committee. The only approved location to surrender an infant was at a hospital location, but HB1285 would approve of more locations (approved locations such as law enforcement, social services, other approved locations).
References
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Horn, A. (2019, September 4). Lawmakers delay "Safe Haven" changes as state officials work to determine possible locations. Retrieved February 23, 2020, from https://www.kfyrtv.com/content/news/Lawmakers-delay-Safe-Haven-changes-as-state-officials-work-to-determine-possible-locations-559419041.html
Hrdy, S. B. (n.d.). Fitness Tradeoffs in the History and Evolution of Delegated Mothering with Special Reference to Wet- Nursing, Abandonment, and Infanticide. Retrieved February 23, 2020, from https://static1.squarespace.com/static/56a7cac4e0327c116bd2394a/t/5745d9faf850829c62d0e54a/1464195592945/Fitness Tradeoffs in the History.pdf
Infanticide. (2020, February 23). Retrieved February 23, 2020, from https://en.wikipedia.org/wiki/Infanticide#Asia
Infanticide: Definition of Infanticide by Lexico. (n.d.). Retrieved from https://www.lexico.com/en/definition/infanticide
Johnson, K. (1996). The politics of the revival of infant abandonment in China, with special reference to Hunan. Population and Development Review, 77-98.
Johnson, K., Banchan, H., & Liao, W. (1998). Infant abandonment and adoption in China. Population and Development Review, 469-510.
Kelly, J. (2019, May 4). What you should know about North Dakota's safe haven law. Retrieved February 23, 2020, from https://www.willistonherald.com/news/health/what-you-should-know-about-north-dakota-s-safe-haven/article_a464f6ba-6dba-11e9-95a9-c3e879c19748.html
Lwoff, N. M., Lwoff, V., & Klaus, M. H. (2000). Effect of the baby-friendly initiative on infant abandonment in a Russian hospital. Archives of pediatrics & adolescent medicine, 154(5), 474-477.
Michael, J. (2007, May 18). Case helped inspire N.D. Safe Haven Law. Retrieved February 23, 2020, from https://bismarcktribune.com/news/local/case-helped-inspire-n-d-safe-haven-law/article_7fdc3a9f-4115-59e9-9f34-0eb67fbe1e41.html
North Dakota Legislative Council. (2001). Abandoned Infant – Approved location procedures – Reported immunity. Retrieved February 23, 2020, from https://www.legis.nd.gov/assembly/66-2019/documents/19-0327-04000.pdf
Poverty. (2020, February 13). Retrieved February 23, 2020, from https://en.wikipedia.org/wiki/Poverty
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