Traverse City Record-Eagle

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May 24, 2010

Moms have 'options' for unwanted infants

Officials highlight dropoff law in wake of infant deaths

TRAVERSE CITY — The Dennis W. Finch Law Enforcement Center is well known among locals as the headquarters where authorities investigate criminal cases.

So it might be the last spot where one would think to leave a newborn baby. But a state law has transformed the local law enforcement agency into a safe haven for mothers to drop off their newborns if they feel unprepared to raise a child, though authorities said it's been underutilized in northern Michigan.

"Where would most people take a newborn? Not here," said Grand Traverse Sheriff Tom Bensley, who hopes to alter that perception after local authorities handled their second infant death in recent months.

The Safe Delivery of Newborns Act went into effect across Michigan in 2001, and allows mothers legally to surrender their infants within 72 hours of birth to an emergency service provider. Mothers can request anonymity and refuse to answer questions when they drop off their infant at a hospital, police station or fire department.

"This provides a way out for a desperate person," said Lorrie Jorgenson, pregnancy counselor at Bethany Christian Services in Traverse City. "Fear and desperation would lead to the type of tragedies this community has witnessed."

Bethany Christian Services plans to host a forum Wednesday at Munson Community Health Center in Traverse City to raise awareness of the safe delivery act in the wake of recent infant deaths in the area.

Grand Traverse sheriff's deputies responded this month to a dead infant found lying in a Gladewood Lane backyard. Authorities continue to search for the mother, but have yet to identify any suspects. Traverse City police sought homicide charges after they found a dead infant in a Griffin Street basement in March, but the county prosecutor's office has yet to file criminal charges.

Montmorency County authorities also investigated a case last month in which they contend a teen mother disposed of her infant inside a dumpster.

Shelia Davis said if more mothers knew about the safe delivery act, there would be less talk about infant deaths.

"Letting mothers know there is a valuable option to spare that child's life is so important," said Davis, director of Heaven Sent Adoption Services in Charlevoix. "They need an option to make that life viable rather than disposable."

Emergency service providers are trained to care for the surrendered infants until they are transported to a hospital, where the baby is examined. Temporary protective custody of the infant then transfers to a private adoption agency for placement with an approved adoptive family. But if the hospital examination shows any signs of abuse or neglect to the infant, or if the baby is older than 72 hours, hospital officials refer the case to Michigan Children's Protective Services.

A stipulation in the safe delivery act allows mothers who surrender their infant to file a petition within 28 days of the drop-off in hopes of regaining their custody rights, said Traverse City reproductive law attorney Eric W. Phelps. He said the confidentiality associated with the safe delivery act helps ease any tensions that mothers may have about the legal ramifications of their choice.

"I think they're probably concerned they might be prosecuted for abandoning their newborn," Phelps said. "It's a safe option for protecting the child."

Mothers who feel unprepared to raise a child often feel like they have to handle adoption plans prior to birth, which Davis said is an inaccurate perception among many.

"A child can be placed through a private adoption agency at any time," Davis said.

But the safe delivery act rarely has been utilized throughout northern Michigan and more commonly is used in metropolitan areas. Phelps, however, contends the safe delivery act will be used more frequently as more mothers learn about it.

"This is a situation that's avoidable," he said.

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