Abandoning a child is illegal in Louisiana.
Children rely on parents and guardians for basic human needs. When the parent is not available, or willingly abandons a child, the legal system must step in to act in the best interests of the child. Abandonment of a child by a parent or guardian is not only abusive but also illegal in most states. According to Louisiana state law, children are protected from different types of abandonment while parents are provided a safe haven for relinquishing newborns.
Louisiana Criminal Abandonment Law
The criminal abandonment law addresses the problem of a parent or guardian physically abandoning a child under the age of 10 years old. This occurs when a child is left unattended and there is evidence proving that the supervising adult had no intention of coming back for the child or providing alternate adult supervision.
Punishment for this crime can include either fines of no more than $1,000, imprisonment up to one year, or both fines and imprisonment.
Louisiana Child Desertion Law
The child desertion law differs slightly from the criminal abandonment law. Child desertion is the willful exposure of a child under the age of 10 years old to potentially harmful situations with no parent or supervising adult present. This includes situations where the parent or guardian may be aware of potential hazards or dangers.
Punishment for this crime includes either fines of no more than $500, imprisonment up to six months, or both fines and imprisonment. Penalties for second and subsequent convictions of this crime include fines of no more than $500 and imprisonment no less than 30 days and no more than six months.
Louisiana Safe Haven Law
According to the Louisiana Department of Social Services, Louisiana is a safe-haven state. This means that if a parent is unable or unwilling to care for a newborn, the newborn can be dropped off at designated locations and there will be no repercussions for the parent. Safe-haven locations include hospitals, police stations, fire stations, emergency medical service providers or anywhere there is a "safe baby site" logo. If a parent is unable to travel to these locations, transportation will be provided for the infant by calling 911.
Leaving a child in places that are not designated as safe-haven sites is considered illegal and could result in potential fines or imprisonment.
What Happens To The Baby
After a parent drops off a baby at a safe-baby site, the child undergoes a medical exam and receives treatments if necessary. The Department of Social Services Office of Community Services then places the child in a home and begins official adoption proceedings. The child is monitored by the Department of Social Services through the adoption process.
What Happens To The Parent
Under the safe-haven law in Louisiana, as long as the baby shows no signs of abuse, the birth parent will not be considered guilty of a crime. Although the birth parent is under no obligation to provide any identifying information, background medical information may be provided by contacting the toll-free number given at the time of surrendering the baby. If the parent changes his or her mind they may reclaim parental rights within 30 days of surrendering the baby.
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