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For New Mothers     For District Attorneys        

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Secret Safe Place for Newborns

For District Attorneys

Local District Attorneys Hold The Keys To Saving Lives

Keys to the success of the Secret Safe Place for Newborns concept are the promises of conditional freedom from prosecution and anonymity. These promises are extended by the District Attorney to the mother. The District Attorney's power to promise no prosecution comes from either specific statutes or the District Attorney's inherent authority to charge a crime or not. The District Attorney's power to promise a mother in crisis that she can remain anonymous and no one will ask her questions comes from the Fifth Amendment privilege against self-incrimination. Typically the Fifth Amendment is viewed strictly as a limitation on the power of the state. This program reverses that view by embracing the privilege against self-incrimination and using it to affirmatively promise the mother that she will not be asked questions when she elects to participate in the program. Constitutional authority overrides any statutory instructions to the contrary. Just as vital is your support and leadership. Without it, safe places won't be established quickly, and mothers in crisis will remain in crisis and their children will continue to be in danger.

Involvement of the local District Attorney attracts and maintains the cooperation of local hospitals or other safe locations (alternative locations may be necessary in areas where there are few or no hospitals). District Attorneys are usually familiar with the local media and can work with them to publicize the program. The District Attorney's role as the chief law enforcement officer in a jurisdiction encourages involvement and support from law enforcement agencies that can communicate information about the program through their outreach and provide law enforcement services if needed. The program fits with the goals of District Attorneys because it prevents crimes. Prevention is always a better alternative to prosecution.

In addition to anonymity, mothers in crisis want the best for their infants. Mothers are encouraged to provide as much information as possible about their (and the father's) health history and family health history. A sample form to gather this information is provided. Mothers can also be reassured that their infants will receive medical care as needed, foster home care and adoption services.

Mothers who utilize A Secret Safe Place For Newborns Program are in crisis. Most feel alone and isolated. They can benefit from counseling and other social services. In Mobile County these services are made available through the Department of Human Resources. Area Helpline operators are familiar with the Secret Safe Place For Newborns Program, know the locations and can explain the promises to mothers as well as the responsibilities of mothers. They can help guide mothers to authorized locations and to social services agencies.

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District Attorney's Promise

 

The Mobile County District Attorney's Office will not prosecute mothers of newborns if they bring their newborns unharmed to emergency rooms at authorized Secret Safe Place For Newborns emergency room hospital locations in Mobile County within 72 hours of birth. The Mobile County District Attorney's Office will vigorously prosecute anyone who harms, kills or abandons a newborn.

John M. Tyson, Jr.
Mobile County District Attorney
P.O. Box 2841
Mobile, AL 36652

(251) 574-8400 - Phone
(251) 574-4848 - Fax

2001-2008 Mobile County District Attorney's Office