Baby Moses law expanding to include emergency centers

Sixteen years ago, Texas enacted a law that would be copied across the nation. The Safe Haven law, also known as the Baby Moses law, lets parents avoid prosecution for abandoning a newborn if they drop the baby off at a fire station or a hospital emergency room.

“There had been a real rash of abandonments that previous year,” said state Rep. Geanie Morrison, R-Victoria, the author of the 1999 law, along with Sen. Jane Nelson, R-Flower Mound. “Prior to this legislation, if you abandoned your child, even at a hospital or a safe place, you could be prosecuted for abandonment.”

“Safe Haven” signs are now common sights at hospitals and fire stations nationwide.

Since the law was enacted, a new breed of health provider known as the freestanding emergency center has emerged and quickly spread. Texas has more than 150 such centers, which provide emergency care but are separate from traditional hospitals. About 50 of those facilities are in Dallas-Fort Worth.

In a few instances in recent years, babies were abandoned at the centers, according to Brad Shields, executive director of the Texas Association of Freestanding Emergency Centers.

“A mom or a dad or a parent knew of the law, had heard of Baby Moses because of education efforts, and just assumed that our emergency room would have been one that would have been included in these protections,” Shields said.

In each case, Shields said, the center alerted authorities and gave the newborn medical attention.

Since 2004, 79 newborns have been left with emergency providers under the state’s Baby Moses law.

The freestanding centers weren’t comfortable with having people assume that they were part of the Safe Haven program when they technically weren’t. So association members brought the issue to lawmakers.

In response, Nelson and Morrison authored Senate Bill 1279, which adds freestanding emergency centers to the list of places covered by the Safe Haven law. The change takes effect Sept. 1.

Morrison said the centers already meet the same qualifications as the other places covered by the original law, including being open 24 hours and being staffed by emergency-trained personnel.

She said the new law will clear up confusion and ensure that those trying to give up a newborn will get the legal protections they expect.

“The intent of this law is to let the parent know the police will not be called and that they will not be prosecuted for abandonment or neglect provided the newborn does not show signs of abuse,” Morrison said.

Fort Worth origins

Fort Worth physician John Richardson was a trailblazer in pushing for the original law, and community groups have honored him and the Baby Moses Project for potentially saving generations of future babies.

Since Richardson helped secure passage of the bill in 1999, all 50 states have enacted some variation of a safe haven law.

Richardson, a Catholic, believes adoption is far better than abortion and abandonment.

“I’m not out picketing abortion clinics, but I’d always prefer to see a baby given up for adoption,” he said in a 2004 interview with the Star-Telegram.

As attending pediatrician at the Gladney Home for Adoption, he was involved in more than 9,000 adoptions over 29 years.

Richardson said the idea for the Baby Moses law stemmed from a magazine article about unwanted babies being left to die.

“I figured if I saved one life, it was worth the effort,” he said. “It’s a no-brainer. There is no sense in destroying a life, and I knew I’d feel better at night if I was doing something about it.”

Staff writer John Gravois contributed to this report, which includes material from the Star-Telegram archives.

This story was originally published August 15, 2015 at 4:47 PM with the headline "Baby Moses law expanding to include emergency centers."