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A large number of U.S. states have enacted legislation providing for parental relinquishment of infants in places of safety without fear of criminal liability. Locate the statutes from two (2) different states on this topic, and provide Bluebook citations to them. Describe how you located the statutes you found. Briefly compare the two states’ legislation as to where they specify that infants may be safely relinquished. Also, indicate how you would ascertain that the versions you found were up to date.
Sample Answer
Title: Parental Relinquishment of Infants in Places of Safety: A Comparative Analysis of Statutory Provisions in Two U.S. States
Introduction:
In recent years, many U.S. states have recognized the importance of providing parents with a safe and legal option to relinquish their infants. This essay aims to compare the statutes from two different states that address parental relinquishment of infants in places of safety. Specifically, we will analyze the legislation’s provisions regarding where infants may be safely relinquished, and discuss the methods used to locate and ensure the up-to-dateness of the statutes.
I. State A – Indiana
Indiana Code § 31-34-2-1: Abandonment of an Infant
To locate this statute, I conducted a search on the official website of the Indiana General Assembly (iga.in.gov). I accessed the “Indiana Code” section and utilized the search function, entering relevant keywords such as “infant relinquishment” and “safe haven.”
Key Provisions:
Places of Safe Haven: The statute specifies that infants may be safely relinquished at any hospital, fire station, or emergency medical services provider.
Criminal Liability: Parents who voluntarily relinquish their infants at these designated places are protected from criminal liability for child abandonment.
II. State B – Texas
Texas Family Code § 262.302: Relinquishment of Infant
To find this statute, I visited the official website of the Texas Legislature (statutes.capitol.texas.gov). I navigated to the “Family Code,” selected the relevant section, and employed the search feature using terms like “infant relinquishment” and “safe haven.”
Key Provisions:
Safe Baby Site: The statute identifies “safe baby sites” where parents can safely relinquish their infants. These sites include hospitals, fire stations, and emergency medical services provider locations.
Criminal Immunity: Like Indiana, Texas law provides parents with criminal immunity for abandoning their infants at designated safe baby sites.
Comparative Analysis:
Safe Haven Locations: Both states designate hospitals, fire stations, and emergency medical services providers as safe havens for infant relinquishment.
Terminology: While Indiana uses the term “abandonment,” Texas employs “relinquishment.” Despite the difference in terminology, the core intent remains the same.
Additional Provisions: Further analysis could explore variations in procedural safeguards, timeframes for relinquishment, and any additional requirements established by each state.
Ensuring Up-to-Dateness:
To ascertain the up-to-dateness of the statutes found, it is crucial to verify that they reflect the most recent legislative changes. This can be achieved by:
Checking Revision Dates: Most legislative websites provide revision dates or version histories for statutes. Comparing these dates to recent legislative activity ensures up-to-dateness.
Consulting Legal Databases: Online legal databases like Westlaw, LexisNexis, or Bloomberg Law often provide comprehensive and regularly updated compilations of state statutes.
Cross-Referencing with Official Sources: Cross-referencing statutes with official sources such as state legislative websites or certified print copies helps confirm accuracy.
Conclusion:
The enactment of legislation enabling parental relinquishment of infants in places of safety reflects society’s recognition of the need to protect vulnerable children and support struggling parents. By examining the statutes from Indiana and Texas, we have highlighted their similarities in terms of safe haven locations while acknowledging potential differences in terminology and additional provisions. Ensuring the up-to-dateness of statutory versions is essential to accurately understand and apply these laws.
