It has been almost three years since two-year-old Tessa Leavitt was voluntarily surrendered by her biological mother at the Los Angeles County fire station 15 in Whittier.
Tessa’s mother gave birth to her on June 18, 2005. But for reasons unknown her mother took advantage of the safely surrender baby law and handed Tessa over to the firehouse. A few days later, Leavitt and her husband adopted Tessa.
The Safe Surrender Baby Law passed in 2001 has created mixed feelings around the state about its impact. Also, an April report from the California State Auditor showed there was a lack of information and erroneous numbers with very little public awareness.
Former state Sen. Jim Brulte, R-Los Angeles, authored the original surrender baby law to protect and decrease the number of babies being abandoned or who end up dead. The law allows the parent or legal guardian to surrender his or her baby confidentially without the fear of arrest and prosecution for child abandonment.
"I mean, a child deserves to be loved, not murdered," he said.
The Leavitt family said the adoption has been a blessing.
“I love her biological mother for being so brave to safely surrender her than abandoning her in dumpsters like other desperate mothers would do,” Leavitt said.
Parents can safely surrender their babies who are three days old or younger at designated safe places, like firehouses, or any hospitals. Both the parent and the child receive a bracelet for 14 days in case the parent reconsiders reclaiming the child. The baby is then taken to the hospital for a medical check and treatment.
Child Protective Services then places the baby in a foster or pre-adoptive home.
Founder and director of nonprofit organization Garden of Angels, Debi Faris urged Brulte to create the law in 1999 after burying dozens of abandoned babies. Brulte said there was no entity in the city, state or federal government to track any data. The data was difficult to gather, but Faris and Brulte said they saw more and more media coverage on babies being abandoned.
“While most parents are loving and took care of their children, we saw an increase in abandonment,” Brulte said. “So we tried to figure out what we could do to prevent this.”
The Department of Social Services said surrendered babies are on the rise while the number of abandoned babies are decreasing. The department data shows 30 babies were found abandoned and alive in 2001 compared to 17 in 2004.
However, the audit also revealed several county child protective services have incorrectly classified 77 babies as surrendered. The miscalculation of surrendered and abandoned babies has resulted in inaccurate statistics.
Violations of the law were also under scrutiny in the audit.
Erroneous guidance from the department has caused about 10 percent of cases where parents gave out too much information. Some instructions on the voluntary questionnaire states personnel can fill out the name of the mother if she verbally said it, according to the audit.Adoptee organizations such as Bastard Nation and Concerned United Birth Parents oppose the safe surrender law saying it’s sending a message that it’s OK to give up your child.
“It derives the ability to know who they (the babies) are,” said regional director Sarah Verns from Concerned United Birth Parents.
The adoptees protest because the law does not enable them to know their origin and lineage since parents who voluntarily surrender their babies may remain anonymous.
Cynthia Thornton, a Sacramento resident, said tracing back your lineage allows you to feel more complete.
"Knowing where you came from may help you embrace your real culture as well," she said.
Verns said people are not aware of the harm this bill could do.
“If people genuinely cared, they would want to take care of the baby and the mother,” Verns said.
Faris, however, argues that the law is not harmful.
“If there is no safe surrender law and the baby was dumped and died, then the person will be charged with murder, either first or second degree,” she said.
Faris said she met some young women who abandoned their babies in dumpsters. The police tracked down the mothers who are now in prison.
“It cannot be quiet,” Faris said. “People need to know, especially students that babies are not to be abandoned.”
Faris said some safe surrender sites teach students in school about the law and tell them to create a safety net for children.
Project Cuddle, an Orange County based organization, provides information to teach mothers and soon-to-be mothers how to care for their children. It also provides medical, clothes and basic needs that mothers are unable to afford. If the mother is still unable to care for the child, then Project Cuddle will use the law and place the child into adoption care.
Folsom resident Aaron Shook said he believes the law gives children a better opportunity to experience life.
“It’s a great law,” Shook said. “It protects the well being of a child. If the mom can’t provide but keeps the child, it can hurt the child and hurt society.”
Faris said not only does the law save the lives of babies, but also the lives of parents too. While the babies are saved and placed in foster homes, parents can continue with their lives without the burden of being unable to care for their children.
“It’s the most wonderful thing that they can do for a child,” she said.
However, Project Cuddle does not use the law as its first priority.
“We do not encourage mothers to safely surrender their children or use the law as alternatives,” said assistant administrator Michelle Landin from Project Cuddle. “We are here to help them and encourage those who are in their pregnancy.”
These organizations encourage mothers to care for their children but it is not enough to raise awareness about baby abandonment.
The audit states there is no state agency to promote and oversee the law resulting in ineffective public awareness campaigns. The audit also said the state agency had inaccurate information on the laws impact since it only reported to the legislature in 2003 and 2005.
The Department of Social Services spent a total of $100 in 2006 through 2007 for raising awareness whereas $85,200 was funded for printing distribution. The audit shows the state and federal government has not funded the program consistently over the years, referring to two vetoes by both Gov. Schwarzenegger and former Gov. Gray Davis.
Firefighter Randy Thompson from Sacramento fire station 4 said since the law has passed, only two babies have been safely surrendered at their station.“I don’t think it has happened enough to really create some historical data,” he said.
But the law has created historic change for the Leavitt family. Leavitt said Tessa has become beloved to the family and adored by the community.
“It’s a grateful feeling,” Leavitt said.
Babies Surrendered Under Safe Surrender Baby Law 2001-2007
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3 comments:
Nice job on finding the main family in the lede. And nice job looking through like a billion-page packet to get relevant info.
But, really... "Bastard Nation"? WTF?
P.S. Gia is a star photographer.
Nice choice in a law to cover. I vaguely remembered it before listening to you guys present your progress, and it just struck me that it should be a good topic.
It's too bad you had to weigh through all the information and issues the audit revealed since this law has some ongoing issues, but you did what you had to do well.
I wasn't expecting to hear the objections to the law that were communicated. I doubt it encourages anyone to give up a child (that they otherwise actually would have been responsible about caring for)...maybe, but it's certainly seems good to have in light of the worse alternative. It's really evident you guys did a lot of research so I appreciated reading the story.
The verb tense in your lead was a little confusing.
Your explanation of the law and its history was very clear.
I liked that you included the video of the PSA.
I recall this bill getting a lot of publicity a few years ago on the local news. It is a shame that it has not been maintained.
I wonder about the future ramifications of the complete anonymity of the parents who drop off the babies. I recently heard a story about adult children who tracked down the sperm donors who fathered them, and I wonder if there will be a group of these children who attempt to find their birth parents. I guess the number is much too small to track, though.
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