Newborn twin deaths draw new attention to Ohio’s Safe Haven Law

CLEVELAND — The case of twin newborns found dead in the trash is drawing new attention to a decades-old law in Ohio meant to save babies.

“This is a very sad but not unusual fact pattern,” Case Western Reserve University Law Professor Kevin McMunigal said.

McMunigal reviewed the involuntary manslaughter case against the 16-year-old in Cleveland.

16-year-old mother charged in deaths of 2 infant children found in garbage can

“It pushes that safe haven issue; if she knew about that, she could argue she was going to give birth and turn the kids over to the fire department,” McMunigal said.

Former News 5 reporter Jodi Brooks was instrumental in getting safe haven laws passed nationwide.

Ohio’s Safe Haven law was enacted in 2001.

It allows mothers to drop off their infants, less than 30 days old, with a medical worker at a hospital, police station or fire department.

“Oh, it’s very rare. I think it’s only happened a couple times in the course of my career. We deliver more babies than we receive,” Cleveland Fire’s Lt. Mike Norman said.

Norman says one case was 25 years ago. The other was more recent, with twins brought to a fire station.

“They were about five months old, but the mother was overwhelmed and brought all the things she had for the baby to the fire station,” Norman said.

Ohio Job and Family Services said from 2004, after the law was up and running, through this March, there were 73 instances in which safe haven was the reason a child went into child services.

Cleveland Fire has an order giving firefighters guidance.

The mother can remain anonymous as long as the child is unharmed and less than 3 days old.

But firefighters are encouraged to ask about the family background for the child’s benefit.

“They’re going to take vitals on the baby; we’re going to transport the baby to the hospital and just make sure that baby is cared for,” Norman said.

Norman said they partner with the group Moms First, which provides resources.

“We don’t want to see another tragedy. We don’t want to see a child lose its life. We realize a mother is in a difficult situation, but we hope she will find the resources to do the right thing for the child,” Norman said.

In juvenile court today, the teen’s attorneys denied the charges on her behalf. The teen faces seven counts total and will be in court on June 1 for the new charges.

She remains in custody and was ordered to get a mental health evaluation. The county’s children and family services department must also do an investigation and home evaluation.

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