The KHOU 11 Verify Team provides an overview of the law’s purpose to protect newborn babies.
HOUSTON — Two newborn babies were found dead in Harris County in the last week. In the last six months, at least five other infants have been abandoned across the Houston area.
The disturbing trend prompted law enforcement to urge parents to follow the state’s Safe Haven or Baby Moses law.
THE SOURCES
The Baby Moses ProjectTexas Department of Family and Protective Services Texas Family CodeNational Safe Haven Alliance
WHAT WE FOUND
According to the Texas Department of Family and Protective Services, 69 newborn children have been surrendered at safe drop-off locations across the state of Texas over the last five years. The safe haven law first was enacted in 1999 by then-Texas Gov. George W. Bush. At that time, Texas was the first state in the country to have a law on the books that allowed parents to relinquish custody of a newborn baby anonymously without the fear of arrest or prosecution.
The safe haven law — often referred to as the “Baby Moses Law” in Texas — says the child must be sixty (60) days old or younger. The newborn at the time the child is surrendered must be unharmed and show no signs of abuse or neglect. According to the law, if the child shows signs of abuse or neglect, an adult can be pursued or detained.
According to the Department of Family and Protective Services (DFPS): You may take the baby to any hospital, fire station, or emergency medical services (EMS) station in Texas.
In 2023, Gov. Greg Abbott signed a bill into law that allows people to place infants in “newborn safety devices.” The climate-controlled boxes have to be located inside the drop-off points that are staffed 24 hours a day. These boxes are equipped with an alarm when the infant is placed inside.
People also can hand the baby to an employee who works at the safe haven location and tell them they want to leave the child at a safe haven. If needed, an employee may ask about family or medical history to ensure the child gets the care they need.
In a statement to the KHOU 11 Verify Team on whether a family can reclaim a child after it is surrendered, The Department of Family and Protective Services, said, “When an infant is surrendered under the Safe Haven Law, Child Protective Services will not make any extraordinary efforts to locate the infant’s family. If a parent wants to reclaim the child, it is incumbent upon the parent to contact the court handling the child’s case before a judge terminating parental rights – there is no set time frame.”
The National Safe Haven Alliance trackssafe haven laws across the country. According to the organization’s website, not every safe haven law is the same. Some of the differences in the laws include the amount days people are allowed to surrender a child. Texas has a 60-day max, but California has a three-day-old age restriction.
In Texas, if you have questions or need more information call the Texas Baby Moses Hotline 1-877-904-SAVE (1-877-904-7283).