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Ken Hammond, USDA
Like many states in the US, New York State
passed a law to help stop people from abandoning newborns
in unsafe and dangerous places. Every year newborns are abandoned
in public places by their parents, who have no plan or ability
to care for them.
The Abandoned Infant Protection Act (AIPA)
created an affirmative defense to the criminal charges of
Abandonment of a Child and Endangering the Welfare of a Child,
when the following conditions are met:
- The abandoned infant can be no more than 5 days old.
- The person abandoning the infant must have intended the
child be safe and well cared for. They cannot have intended
the child any harm.
- The infant must be left with an appropriate or suitable
location. Should the infant be left in a suitable location,
and appropriate person must be notified immediately of the
child's location so the child can be taken into custody
and cared for.
A "suitable location" has been identified by district attorneys
in New York State as being:
- Hospitals
- Police stations
- Fire stations
- As long as they are open and staff is present.
An "appropriate person" has been identified as:
- Employees of the suitable location that are trained to
deal with emergency situations.
- At a hospital, a doctor, nurse or emergency room personnel
would be suitable. Any on-duty police officer at a police
station or fire-persons or emergency medical technicians
(EMTs) at a fire station would also be appropriate.
The Abandoned Infant Protection Act and Mandated Reporters
While the AIPA offers protection for parents who safely abandon
their infants is they meet criteria previously mentioned,
AIPA in no way changes the responsibilities of the mandated
reporter. Mandated reporter must still report abandonment
if s/he learns of the abandonment. Whether or not all of the
information is known, the mandated reporter is still obligated
to fulfill their responsibilities as a mandated reporter.
For example, if the mandated reporter is unsure of the name
of the person who abandoned the child, the reporter must still
make the report.
The Abandoned Infant Protect Act and Social Services
Law/Family Court Act
The AIPA does not change the laws pertaining to child abuse
and maltreatment under current New York State legal requirements.
Persons who abandon infants under AIPA will still be indicated
as subjects of child maltreatment reports and may still have
petitions for child neglect brought against them in family
court.
Mandated reporters who have any questions about the Abandoned
Infant Protection Act should contact the AIPA Informational
Hotline operated by the New York State Office of Children
and Family Services (OCFS) at 1-866-505-SAFE, or the OCFA
Public Information Office at 518-473-7793.
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