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This Just In...

Kevin Fischer is an award-winning veteran broadcaster who has been seen and heard on Milwaukee TV and radio stations for nearly three decades.
Kevin, who is a legislative aide to state Sen. Mary Lazich (R-New Berlin), can be seen offering his views on the news on the public affairs program, “InterCHANGE,” on Milwaukee Public Television Channel 10, and heard filling in on Newstalk 1130 WISN. He lives with his wife, Jennifer, and their baby daughter, Kyla Audrey, in Franklin.

One of our best laws that nobody knows about

By Kevin Fischer
Wednesday, Jul 16 2008, 05:56 AM


Two women.

Two young mothers.

Each had a decision to make.

One made the right choice; the other made a deadly one.

Here are their stories.

Last August, 19 year-old Indra Book of La Crosse gave birth to a baby girl at her home. She began breastfeeding, but then stopped just two days later. Book did so knowing that without breastfeeding, the baby girl would perish.

When the baby died, Book took the tiny child and placed it in a cooler. Sometime this past spring, Book took the cooler and tossed it in the garbage.

Book was arrested last week on preliminary charges of first-degree intentional homicide. The baby’s remains have yet to be found. Authorities still don’t know where the baby’s body and the cooler were kept between August and this spring.

Also arrested last week was 21-year-old Adam O’Connor of La Crosse, described as a friend of Book’s. He’s accused of helping to hide the body.

Mother #1. A dead baby.

Next story. Chicago, 2 a.m. Monday morning of this week. A 16-year-old gives birth. Later the same day, the mother walks into a firehouse on S. Burley Avenue, carrying her baby in a blanket. She turned the baby over to workers at the firehouse, and then left freely. The baby was taken to a local hospital and is in good condition.

Mother #2. A live, healthy baby that will be put up for adoption.

Nothing happened to Mother #2 because she merely followed a law that is in place in Illinois, Wisconsin and 27 other states. Often referred to as the “Safe Havens Law,” the Illinois law allows the parent of an unharmed baby up to seven days to turn the baby over to a staff member at a police station, fire station, hospital or other designated safe haven. The parent is then free from prosecution.

Mother #2 made the right choice and as a result, her baby is alive today, hopefully with a bright future. For whatever reason, she didn’t want the baby and took it to a place where the infant could be properly taken care of immediately.

The Chicago Tribune reports that since the Illinois law took effect in 2001, 43 babies have been safely handed over at Illinois safe havens, and 49 were illegally abandoned. Twenty-four of the 49 died.

Wisconsin also has a similar safe havens law. If it had been followed, Indra Book’s little baby girl would be alive today. Book made a conscious and horrible decision to starve her baby and then dispose of it like yesterday’s trash. All she and her “friend” had to do was hop in a car and drive to the nearest police station, drop the baby off and go home, no questions asked.

More than 30 babies have been saved because of Wisconsin’s safe havens law since 2001.

And yet, there’s an atrocious trend happening all across the country. Even though most states have safe havens laws, many babies are still being abandoned illegally instead of being dropped off at safe places.

I submit the reason more babies aren’t being tenderly taken to safe havens is because many people, especially mixed up babies having babies don’t know these laws exist. There needs to be one of those “awareness” campaigns, a public education effort we always hear about. Amidst all the talk in public schools about safe sex and condoms, could we spend a few minutes on safe havens?

Innocent newborns don’t belong in the garbage. I’d much rather have unwanted babies dropped off at places where they’ll receive all the attention they truly deserve rather than having to place a call to the undertaker.

Comments

J. Strupp   

Absolutely correct.  Thank you for bringing this topic up.  We need to do more in our schools (at all grade levels) to get this safe havens law out there so these children at least have a chance in this world.  

Even if mom and dad are deadbeats.  

July 16, 2008 11:08 AM

Kevin Fischer   

From childwelfare.gov:

Wisconsin

Infant’s AgeCitation: Ann. Stat. § 48.195

A child who is 72 hours old or younger may be relinquished.

Who May Relinquish the InfantCitation: Ann. Stat. § 48.195

The child may be relinquished by his or her parent.

Who May Receive the InfantCitation: Ann. Stat. § 48.195

The child may be left at a sheriff’s office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical technician, or hospital staff member is located.

Responsibilities of the Safe Haven ProviderCitation: Ann. Stat. § 48.195

The safe haven provider shall:

Take custody of a child and whom the provider reasonably believes to be 72 hours old or younger who is left by a parent who does not express an intent to return for the child

Take any action necessary to protect the health and safety of the child

Within 24 hours after taking the child into custody, deliver the child to an intake worker under § 48.20

Make available to the parent the maternal and child health toll-free telephone number maintained by the department The decision whether to accept the information made available is entirely voluntary on the part of the parent. No person may induce, coerce, or attempt to induce or coerce any parent into accepting that information. If a parent who wishes to relinquish custody of his or her child is unable to travel to a safe haven provider, the parent may dial the telephone number.

Immunity for the Provider Citation: Ann. Stat. § 48.195

Any law enforcement officer, emergency medical technician, or hospital staff member who takes a child into custody is immune from any civil liability to the child’s parents, or any criminal liability for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child’s parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.

In any civil or criminal proceeding, the good faith of a person specified above is presumed. This presumption may be overcome only by clear and convincing evidence.

Protection for Relinquishing Parent Citation: Ann. Stat. § 48.195

The parent and any person who assists the parent have the right to remain anonymous. No person may induce, coerce, or attempt to induce or coerce a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent is coercing the parent into relinquishing custody of the child.

A parent who relinquishes a child and any person who assists the parent may leave the presence of the safe haven provider at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect, or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

No officer, employee, or agent of this State may attempt to locate or ascertain the identity of a parent who relinquishes a child unless the officer, employee, or agent has reasonable cause to suspect that the child has been the victim of abuse or neglect, or that the person assisting the parent has coerced the parent into relinquishing the child.

Any person who obtains any information relating to the relinquishment of a child shall keep that information confidential and may not disclose that information, except as specified in statute. Any parent who relinquishes his or her child and any person who assists the parent are immune from any civil or criminal liability for any good faith act or omission in connection with that relinquishment. The immunity granted under this paragraph includes immunity for exercising the right to remain anonymous, the right to leave at any time, and the right not to accept any information and immunity from prosecution for abandonment of a child or for neglecting a child.

Effect on Parental Rights Citation: Ann. Stat. §§ 48.195; 48.415

The department shall promulgate rules to implement this section. The rules shall include rules prescribing a means by which a parent who relinquishes custody of his or her child may, until the granting of an order terminating parental rights, choose to be identified as the child’s parent.

The court may grant involuntary termination of parental rights on the grounds that custody has been relinquished.

July 16, 2008 12:06 PM

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