January 27, 2006


County Task Force continues to raise awareness
about the safely surrendered baby law

By County Supervisor
Pete McHugh
Special to the Times

In 2001, California enacted SB 1368, commonly known as the Safely Surrendered Baby (SSB) or “Safe Haven” Law, in response to the rise in abandoned baby deaths throughout the State.

In Santa Clara County alone, three babies were found abandoned during the summer of 2004. The Board of Supervisors believes, however, that one abandoned baby is too many. As a result, the board approved the formation of the Safe Haven Task Force on August 3, 2004, to help increase public awareness about the SSB Law. The Task Force is comprised of 120 children’s and women’s advocates, health and medical professionals, educators, emergency services personnel, social workers and community outreach staff.

Under the SSB Law, parents or other lawful custodians may safely and anonymously surrender their baby within 72 hours of birth at a designated Safe Surrender site. The SSB Law grants the surrendering individual(s) immunity from criminal prosecution for abandonment, provided the baby shows no visible signs of abuse or neglect. It additionally provides a 14-day “cooling off” period during which the parents or legal custodians may begin the process to reclaim their baby if they so choose.

In Santa Clara County, parents also have the unique option to call 911 to arrange for a Safe Surrender. In those cases, the County will dispatch an ambulance to the infant’s location and conduct an on-site Safe Surrender.

Since the SSB Law has taken effect, at least 151 babies have been found abandoned and 110 newborns have been safely surrendered in California. The California Department of Social Services (CDSS) reports that the statewide number of babies abandoned each year has decreased, while the number of safely surrendered babies has steadily increased.

For example, data shows that 41 babies were found abandoned and two babies were safely surrendered in 2001. In comparison, by the third quarter of 2005, 16 babies were found abandoned and 39 were safely surrendered.

While the statistics from CDSS show promise, they also reveal the need for further public education about the existence of a safe and legal alternative to abandonment. To meet this objective, the County’s Safe Haven Task Force has focused its efforts on educating a broad spectrum of females of childbearing age and their families about the SSB Law.

Recently, these efforts have helped the County earn a $5,000 grant from the Lucile Packard Foundation to produce a training video for use with teens and other target groups. County staff expects to finish production of the video this February and begin showing it in schools this spring.

In addition to creating an effective public education program, the Task Force has been instrumental in pushing through key legislative initiatives, policies and procedures relating to Safe Surrender. Some of its major accomplishments to date include:

- Endorsing legislation to permanently remove the SSB Law’s sunset date previously set for January 1, 2006, which the State Legislature approved in August 2005.

- Working with the Board of Supervisors to encourage all jurisdictions within Santa Clara County to pass Safe Haven resolutions. Now every fire station in every city in the County is a designated Safe Surrender site.

- Developing a detailed Safe Surrender protocol for all county and non-county agencies that may be involved in handling a Safe Surrender. In May 2005, the county successfully conducted a countywide drill to assess the readiness and reliability of this plan.

Surrendering an infant is undoubtedly one of the most difficult choices a parent may face. Parents who make this decision, however, can be assured that their baby will be placed in the care of competent medical staff and ultimately, into a welcoming home. As a member of the Board of Supervisors, I remain committed to keeping our children safe and healthy by continuing to support the Safe Surrender alternative.