__________________________________________Ask the DA
 

Can you clarify the circumstances under which an infant can be left at a firehouse or hospital without criminal charges being brought?

In response to the epidemic of newborn infants being found in dumpsters or discarded with the trash, in 2000 Governor Pataki passed the Abandoned Infant Protection Act.  This law was passed to provide a safe and humane alternative to the abandonment of newborn infants.  It provides that a parent, guardian or other legally responsible person who is unable to care for a newborn may anonymously and safely leave the infant in the care of a responsible person at a hospital, police station, fire station or a responsible person at another safe location. The Abandoned Infant Protection Act creates an affirmative defense to prosecution for the crime of Abandonment of a Child. 

An affirmative defense means that the accused did in fact commit the crime, but will not be subject to conviction if the conditions of the affirmative defense are met.  Those conditions include that the parent, guardian, or otherwise legally responsible person intended that the child be safe from physical injury and cared for in an appropriate manner; that the child was left with an appropriate person or in a suitable location; and that an appropriate person was promptly notified of the child’s location.

It is my belief that, in order to encourage individuals to come forward, we must provide them with a safe environment in which to do so.  For that reason, shortly after the passage of this law, I determined that Brooklyn’s hospitals would be an ideal designated “safe location,” since many of these young mothers are themselves in dire need of medical attention.  In addition to setting up meetings with hospital personnel, I also reached out to the administration for the Fire Department, including their Emergency Medical Services Unit, in order to assure that the anonymity of those who would attempt to leave infants in those locations would be protected, and that the children would in fact be safely cared for and delivered to the proper authorities.  I also advised them at that time that I would not prosecute mothers of unharmed infants who complied with these requirements under this newly created “Baby Safe Haven” program. 

The Abandoned Infant Protection Act is specifically targeted at newborns, and is not applicable if a child is more than five days old.  In those cases, parents or other legally responsible persons can contact the New York City’s Administration for Children’s Services for assistance.   They can be reached at 1-877-KIDS-NYC (543-7692) or NYC.gov/html/acs.

For additional information visit www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.