A baby was surrendered to a Wilmington firefighter. Here's how it was handled by state law

On Feb. 8, 2024, a baby boy, presumed to be one day old, was safely surrendered to a firefighter and certified emergency medical technician at the Ogden Volunteer Fire Station on Market Street.

Emergency personnel were only allowed to ask two questions: When was the baby born and does the child have any medical conditions?

The mother of the infant then left without expressing an intent to return for her child, according to a public notice from New Hanover County Health and Human Services (HHS.)

The legal process allowing for instances like this to occur in North Carolina is known as the safe surrender law.

At least 20 infants have been safely surrendered across North Carolina between 2007 and October of 2023, according to Division of Social Services (DSS) data received by Sara DePasquale, a University of North Carolina School of Government professor who specializes in child welfare. However, the exact number of infants that have been safely surrendered statewide is unknown.

What is the safe surrender law and why does it exist?

Parents can legally surrender a child up to 30 days old to a designated safe person without providing their names, according to the North Carolina Department of Health and Human Services (NCDHHS).

The purpose of the North Carolina's safe surrender law is to provide "a safe alternative for a parent who, in a crisis or in desperation, may physically abandon or harm his or her newborn and to provide information for the parent regarding the parent's rights and alternatives," according to General Statute 7B-520.

The law was originally passed in North Carolina in 2001 and amended in 2023.

G.S. Chapter 7B, often referred to as the Juvenile Code, was expanded upon with the inclusion of Article 5A, which identifies "specific individuals to whom an infant may be surrendered" and outlines "the duties, immunity, confidentiality, and notice related to a safely surrendered infant," according to House Bill 125. The amendments went into effect on Oct. 1, 2023.

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What are the options for a legal safe surrender?

North Carolina's safe surrender law differs from safe haven laws by detailing designated safe persons for the surrender of an infant, rather than locations, according to NCDHHS. An infant must be surrendered to one of the following designated safe persons outlined by the law:

• A health care provider (detailed by G.S. 90-20.11) who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center.

• A first responder, including law enforcement officers, certified EMS workers, and firefighters.

• A social services worker who is on duty or at a local department of social services.

In order for the safe surrender to be legal, "there can be no concerns for abuse or neglect," according to NCDHHS.

How frequently does safe surrender happen in Wilmington?

While the New Hanover County Fire Rescue recently handled an infant safe surrender in early February, information from the Wilmington Fire Department (WFD) indicates that occurrences of safe surrender are considerably infrequent in Wilmington.

"It has been more than a decade since we've had a surrender," Rebekah Thurston, public information officer with WFD, wrote in an email. "While we do not have specific training regarding safe surrenders, all of our firefighters stay up to date on how to handle pediatric emergencies."

What happens to a child after a safe surrender?

Designated safe persons will care for the child and contact the Division of Social Services (DSS) following a safe surrender.

"After a surrender, the firefighters will keep the baby safe and warm until DSS arrives to pick up the child," Thurston wrote.

A surrendering parent has the right to request the baby's return "prior to the filing of a termination of parental rights petition," according to NCDHHS. This request is required by law to be treated as a report of a neglect and an assessment will be completed.

Non-surrendering parents who believe a surrendered child may be theirs should contact DSS.

If neither the surrendering nor non-surrendering parent of the child seek custody within 60 days of the surrender, "DSS will initiate a termination of parental rights action," according to the public notice from February.

The ultimate "goal is to have the infant adopted into a safe and loving home as quickly as possible," according to NCDHHS.

This article originally appeared on Wilmington StarNews: What happens when a baby is given up in NC by safe surrender?