Latest / Health Ethics Podcast / The Bioethics of "Baby Boxes"
Transcript
- 0:08Speaker 1: Welcome to Health Ethics, a series of conversations with leading
- 0:12Speaker 1: experts about ethical considerations associated with health and healthcare, both
- 0:17Speaker 1: locally and globally. I am Brian Pilkington, Professor of Bioethics
- 0:21Speaker 1: in the Department of Medical Sciences at the Hackensack Meridan
- 0:24Speaker 1: School of Medicine. This series, like its predecessor, which focused
- 0:29Speaker 1: on the COVID nineteen pandemic, relies on the idea that
- 0:32Speaker 1: challenging ethical issues are best addressed by folks from diverse
- 0:36Speaker 1: backgrounds practically reasoning together, and complements the Health Ethics series
- 0:41Speaker 1: with its panel of leading experts from medicine, nursing, politics, economics, philosophy,
- 0:47Speaker 1: and the law. Thank you and enjoy the episode.
- 0:58Speaker 2: It is my great pleasure today to speak with doctor
- 1:01Speaker 2: Laurie Bruce about the bioethics of baby boxes. Doctor Bruce
- 1:07Speaker 2: is Associate Director at the Interdisciplinary Center for Bioethics at
- 1:11Speaker 2: Yale University. She is also chair of the Community Bioethics
- 1:15Speaker 2: Forum at the Yale School of Medicine and affiliated faculty
- 1:18Speaker 2: at the Solomon Center for Health Law and Policy at
- 1:21Speaker 2: Yale Law School. Doctor Bruce may be best known for
- 1:26Speaker 2: running and directing a global and cherished summer institute, the
- 1:30Speaker 2: sherwan By Newlands Summer Institute in Bioethics, and so folks
- 1:35Speaker 2: like me with students, I think the applications might actually
- 1:37Speaker 2: be open now. I'd encourage folks to send your students
- 1:40Speaker 2: that way. Laurie, thank you so much for joining me.
- 1:43Speaker 1: One of the few people I've seen doing a ton
- 1:45Speaker 1: of work around what are called baby boxes. So a
- 1:48Speaker 1: few years ago you highlighted this phenomenon in the US.
- 1:52Speaker 1: Before we go into the details, what's going on now
- 1:55Speaker 1: sort of bioethical considerations and implications. How did you come
- 1:59Speaker 1: upon the and sort of what pushed you to do
- 2:01Speaker 1: this kind of work.
- 2:02Speaker 3: Hi, Brian, thanks so much. It's wonderful to be here
- 2:05Speaker 3: with you today. That's a great question. About ten years ago,
- 2:10Speaker 3: I was asked to consult on a very tragic case
- 2:15Speaker 3: locally here in Connecticut of infanticide, where there was a
- 2:20Speaker 3: young mother who hid her pregnancy and she ended up
- 2:26Speaker 3: committing infanticide and the entire community was just bereft and
- 2:32Speaker 3: filled with grief. And so in a couple of years
- 2:36Speaker 3: after that happened, I was asked, in my capacity as
- 2:40Speaker 3: the founder and chair of Yale's Community Bioethics Forum to
- 2:46Speaker 3: consider from a diverse community perspective what kinds of policies
- 2:53Speaker 3: may be more efficacious to reduce harms and to help
- 2:59Speaker 3: women and families and children facing those kinds of really
- 3:04Speaker 3: difficult pregnancies that are in crisis. So I've been following
- 3:09Speaker 3: the laws related to infant abandonment. They are called safe
- 3:12Speaker 3: haven laws, and recently these laws have been modified at
- 3:19Speaker 3: the state level to have another means of surrendering an
- 3:24Speaker 3: infant when a parent is unable.
- 3:26Speaker 4: To care for them.
- 3:28Speaker 3: And this most recent and rather controversial, controversial change to
- 3:33Speaker 3: the laws relates to being able to not just surrender
- 3:38Speaker 3: an infant to a nurse within a hospital, but to
- 3:43Speaker 3: anonymously surrender the infant by placing them into a metal
- 3:49Speaker 3: box that's often built into the exterior wall of a
- 3:54Speaker 3: fire station or medical center, and then alarms would go
- 3:59Speaker 3: off to alert staff inside to retrieve the infant.
- 4:04Speaker 1: The background's really helpful, especially because though we have folks
- 4:06Speaker 1: from all over who tune in, we have lots of
- 4:08Speaker 1: medical students who are interested to sort of knowing how
- 4:12Speaker 1: and their interest in bioethics. Knowing how bioethicists sort of
- 4:15Speaker 1: come upon challenging issues and how they think through them,
- 4:18Speaker 1: at least how they get started is really helpful. So, uh,
- 4:21Speaker 1: you guess the next question, which is what exactly are
- 4:24Speaker 1: infant abandonment boxes? I mean, I know stories of strending
- 4:28Speaker 1: surrendering infants and nurses and hospitals. You hear stories about
- 4:32Speaker 1: going to the fire station in front surrounding it to
- 4:34Speaker 1: a you know, the child to a firefighter. Can you
- 4:37Speaker 1: say more about these infant abandonment boxes. So they're metal boxes,
- 4:41Speaker 1: they're attached to a wall. Help our audience sort of
- 4:44Speaker 1: understand what they what they look like, I guess.
- 4:46Speaker 3: Infant abandonment boxes are literally metal boxes with an exterior
- 4:53Speaker 3: door such that a parent could open the door to
- 4:57Speaker 3: place their infant inside, and then they have of an
- 5:00Speaker 3: internal door that would be inside of a building to
- 5:04Speaker 3: allow for retrieval. These boxes have temperature controls, cameras, alarms,
- 5:13Speaker 3: a bascinets, and a mattress to keep the baby safe.
- 5:19Speaker 3: They're intended to keep the baby safe. And these are
- 5:23Speaker 3: modern versions of the ancient foundling wheels, which were installed
- 5:29Speaker 3: in convents starting back in the medieval ages. Because of
- 5:36Speaker 3: vast numbers of abandoned infants that were being found on
- 5:40Speaker 3: the streets of Rome. They then spread during the medieval
- 5:44Speaker 3: times all across Europe, but they were discontinued in the
- 5:49Speaker 3: eighteen hundreds. Most countries do not have abandonment boxes anymore.
- 5:56Speaker 3: Most countries comply with the un rights of a child
- 6:02Speaker 3: and promote as much as they can the ability for
- 6:06Speaker 3: a child to know, to know their own identity, and
- 6:11Speaker 3: to be raised by their parents. And so most countries
- 6:16Speaker 3: have implemented a series of other policies that we can
- 6:20Speaker 3: get into later, that are more in line with the
- 6:24Speaker 3: views and values and preferences and wishes of families facing
- 6:29Speaker 3: these circumstances.
- 6:30Speaker 1: That's helpful, and the historical context is also, i mean
- 6:34Speaker 1: really helpful. So it's back to the actually one.
- 6:38Speaker 2: Question with the history.
- 6:39Speaker 1: You noted that in foundling boxes had been going on
- 6:42Speaker 1: in existence for a bit. Why did they stop? Why
- 6:46Speaker 1: did folks stop using these?
- 6:48Speaker 3: Broadly, countries stopped using foundling wheels because they recognize the
- 6:53Speaker 3: importance of keeping families together. They recognized that find finances
- 7:00Speaker 3: were the major reason that most families felt they had
- 7:05Speaker 3: to surrender. And this is true today in the United States,
- 7:10Speaker 3: which we can discuss, and so countries and hospitals grew
- 7:17Speaker 3: to support other policies and laws that were more in
- 7:22Speaker 3: line with the families facing strife during their pregnancies.
- 7:29Speaker 1: This is heavy stuff, that's I mean, that's powerful, and
- 7:31Speaker 1: I'm thinking of a number of our medical students too
- 7:33Speaker 1: usually tune in, some of whom were working on some
- 7:36Speaker 1: projects around challenges to dignity and healthcare relative to financial
- 7:40Speaker 1: concerns and sort of what that can do to folks,
- 7:43Speaker 1: especially around conceptions of humiliation. So it's the next thing
- 7:47Speaker 1: I wanted to ask about as a bioethesis, what do
- 7:50Speaker 1: you identify as the ethical issues or the ethical violations
- 7:55Speaker 1: with this type of device? And you've already hit on
- 7:58Speaker 1: I think a few. Do you want to summarize those
- 8:01Speaker 1: quickly tiny strands to the other word and any additional
- 8:04Speaker 1: sort of bioethical considerations.
- 8:07Speaker 3: There are so many ethical considerations with these infant abandonment boxes.
- 8:13Speaker 3: But I would like to start by saying that I
- 8:16Speaker 3: lawd the advocates of boxes for their noble intentions, and
- 8:20Speaker 3: indeed I share their goals for the safe care of
- 8:24Speaker 3: all infants. All infants have the right to a safe home. However,
- 8:29Speaker 3: as implemented, Infant abandonment boxes raise serious concerns related to
- 8:35Speaker 3: the health and safety and well being of not only
- 8:40Speaker 3: that infant, but of the family and of the mother
- 8:43Speaker 3: who just gave birth. I'll touch upon a number of
- 8:48Speaker 3: the concerns, but one of them is you know, as
- 8:54Speaker 3: a bioethicist, we are I always encourage my students to
- 8:58Speaker 3: think about how good ethics relies on good data. We
- 9:04Speaker 3: cannot just go out and create good policy until we
- 9:07Speaker 3: think about what values do we wish to undergird our
- 9:11Speaker 3: policies and identify the policy problem. And when we identify
- 9:17Speaker 3: a policy problem, the folks writing the policies should not
- 9:23Speaker 3: be the only ones participating in that exercise.
- 9:27Speaker 4: We ought to be.
- 9:28Speaker 3: Working with community members and experts who are aware of
- 9:34Speaker 3: who is likely to commit infanticide, who is more likely
- 9:38Speaker 3: to encounter a crisis pregnancy. And how do people even
- 9:42Speaker 3: know about policies so that they know what their options are.
- 9:46Speaker 4: So, when I think.
- 9:47Speaker 3: About these boxes, one of the many problems with them is,
- 9:51Speaker 3: as mentioned, how they are implemented. So, as I mentioned,
- 9:56Speaker 3: every state already has in person surrender under safe in laws.
- 10:01Speaker 3: When a state decides to permit boxes as an additional
- 10:04Speaker 3: legal form of surrender. They intend to provide an additional option.
- 10:09Speaker 3: States don't want to take away other options from families
- 10:12Speaker 3: and crisis. They don't want to discourage people from seeking
- 10:16Speaker 3: face to face help, because face to face encounters open
- 10:19Speaker 3: the door for crisis counseling and medical care and a
- 10:23Speaker 3: discussion about options and alternatives, and indeed, at risk folks
- 10:27Speaker 3: overwhelmingly prefer face to face for many reasons. For example,
- 10:32Speaker 3: they want to ensure that their baby is turned over
- 10:34Speaker 3: to someone who's caring incompetent, and so when boxes are implemented,
- 10:39Speaker 3: the marketing, the publicity, the signs around the boxes over
- 10:42Speaker 3: emphasize the box without equally shining a light on temporary
- 10:47Speaker 3: placement and family preservation options, kinship care, and open and
- 10:53Speaker 3: closed adoptions. People only use options that they know about,
- 10:58Speaker 3: and so if they only know about a box, they
- 11:00Speaker 3: may use the box then likely experienced regret and anguish
- 11:05Speaker 3: for the rest of their lives. Adoption scholars like Gretchen
- 11:10Speaker 3: Sissen tell us that relinquishment is associated with lifelong trauma.
- 11:16Speaker 3: Many women who relinquish had no idea of other options
- 11:21Speaker 3: and later learned that there were resources that could have
- 11:25Speaker 3: helped them to keep their baby, and that's just devastating
- 11:28Speaker 3: to them.
- 11:30Speaker 4: So when a.
- 11:30Speaker 3: Fire station or a hospital or health center signs a
- 11:33Speaker 3: contract for a box, these contracts tend to have strict
- 11:37Speaker 3: language controlling the signs around the boxes. So if a
- 11:41Speaker 3: hospital wanted to have a sign that says come inside
- 11:45Speaker 3: for medical care or something that says there are options
- 11:48Speaker 3: to help you keep your baby, the providers wouldn't be
- 11:51Speaker 3: able to post those messages. They can't inform a parent
- 11:56Speaker 3: of legally permissible options. For example, there is a nonprofit
- 12:03Speaker 3: that works with families nationwide when they're facing crisis and
- 12:06Speaker 3: they're overwhelmed and they need some temporary care for their child.
- 12:11Speaker 3: So the nonprofit has families who care for the child
- 12:15Speaker 3: temporarily while the patients are getting help, learning about resources
- 12:19Speaker 3: and getting stabilized, and then they can get their baby back.
- 12:23Speaker 3: The intention is to provide empathic support and it's helped
- 12:27Speaker 3: many children to stay with their parent. This is a
- 12:30Speaker 3: policy example that's collaborative, it's empathic, it's supportive, and it
- 12:35Speaker 3: helps to empower those experiences that are experiencing crisis. A
- 12:39Speaker 3: parent approaching a box will have no idea that that
- 12:43Speaker 3: option even exists, and so when we consider the paradigm
- 12:47Speaker 3: of ethical policy making, it's contingent upon listening to the needs,
- 12:53Speaker 3: the views, the values, and the wishes of those who
- 12:56Speaker 3: are impacted by the policy and finding ways to collaborate
- 13:00Speaker 3: and creatively reduce harms while promoting goodness or beneficence. Boxes
- 13:06Speaker 3: might seem to reduce harms, but we also see ways
- 13:08Speaker 3: that can increase harms. The harms for instance, of unnecessary
- 13:14Speaker 3: family separation, and boxes also may increase harms related to
- 13:20Speaker 3: lifelong trauma and grief.
- 13:23Speaker 1: To think about the informed consent, shared decision making, sort
- 13:26Speaker 1: of the bread and butter conversations bioethicists often have with physicians, students,
- 13:31Speaker 1: folks in the community. This is a case which does
- 13:34Speaker 1: not seem to avail itself of that model. Well sort
- 13:39Speaker 1: of task space here, I mean, if bioethics governed this
- 13:44Speaker 1: idea right or this box right, it's hospitals that shared
- 13:49Speaker 1: decision making. We know that if it's public health, maybe
- 13:52Speaker 1: there's a different set of considerations. Where does this fall?
- 13:56Speaker 1: Is that question well posed? I don't know if I'm
- 13:58Speaker 1: trying to get it like, it's a.
- 13:59Speaker 3: Great question, and I think part of what what's in
- 14:05Speaker 3: conflict here is that these boxes become legal under safe
- 14:11Speaker 3: haven laws, which are not public health laws, but they
- 14:14Speaker 3: are crime control laws. So they are seeking to prevent infanticides,
- 14:20Speaker 3: they are seeking to prevent unsafe abandonments. And so whenever
- 14:28Speaker 3: anyone were to elect a safe haven surrender, whether it's
- 14:32Speaker 3: in person or to a box, they are very unlikely
- 14:37Speaker 3: to be aware that their parental rights are terminated rapidly.
- 14:44Speaker 4: They do not realize that if.
- 14:45Speaker 3: They wish to regain custody of their child, or even
- 14:49Speaker 3: be able to see their child akin to an open adoption,
- 14:55Speaker 3: and be able to have some knowledge about that child,
- 14:58Speaker 3: they are going to face an up battle because the
- 15:01Speaker 3: law is written assuming that that person would have otherwise
- 15:07Speaker 3: placed their child in a dumpster. So there are assumptions
- 15:12Speaker 3: within the laws and policies about the lack of the
- 15:15Speaker 3: mom's moral fitness, but that judgment isn't warranted. She's trying
- 15:20Speaker 3: to do the right thing within financial, social, and legal constraints.
- 15:25Speaker 3: She's in crisis and needs help and compassion, and she
- 15:28Speaker 3: needs laws and policies that support, not penalize. And this
- 15:33Speaker 3: is another great point for your medical students, Brian, because
- 15:38Speaker 3: the boxes also do not let a mother know what
- 15:46Speaker 3: legal requirements she must follow in order not to be
- 15:50Speaker 3: prosecuted for abandonment, And yet the marketing signs say no shame,
- 15:56Speaker 3: no blame, no names.
- 15:58Speaker 4: However, there are men any.
- 16:00Speaker 3: Conditions that must be met which vary from state to state,
- 16:05Speaker 3: which must be met for the parent to be immune
- 16:08Speaker 3: from prosecution. For instance, they must surrender to an approved location.
- 16:16Speaker 3: They must meet the age criteria. In some states, they
- 16:20Speaker 3: have a minimum of three days after birth to surrender
- 16:25Speaker 3: the child. In other states it's thirty days. But if
- 16:28Speaker 3: they place a child into a box that does not
- 16:32Speaker 3: meet that requirement, they can indeed be prosecuted for not
- 16:36Speaker 3: following the letter of the law. Additionally, every state has
- 16:40Speaker 3: a harm clause, so if a child placed into a
- 16:43Speaker 3: box or surrendered in the hospital is positive for a
- 16:46Speaker 3: talk screen or shows other signs of harm which is
- 16:50Speaker 3: never really defined, again, those.
- 16:54Speaker 4: Parents can be prosecuted.
- 16:56Speaker 3: And the problem with this is that even though every
- 17:00Speaker 3: state has one of these safe haven laws to permit
- 17:04Speaker 3: a location or surrender, no states in this country provide
- 17:12Speaker 3: a safe means of delivering these childs despite their It
- 17:17Speaker 3: being common knowledge that these parents.
- 17:19Speaker 4: Are giving birth alone.
- 17:22Speaker 3: Outside of a hospital because they need identity protection.
- 17:26Speaker 1: I was going to ask what's right, just so we
- 17:29Speaker 1: have arguments, all the arguments on the table, what's the
- 17:33Speaker 1: case that can be made for these boxes? Like because
- 17:36Speaker 1: you know when you when you hear the mantra of
- 17:39Speaker 1: no shame and no blame, powerful points in favor of
- 17:43Speaker 1: anonymity and folks making decisions for themselves right, all within
- 17:48Speaker 1: bioethics and the history of bioethics. But with all the
- 17:52Speaker 1: details that you just laid out, I'm having a tough
- 17:54Speaker 1: time finding what the argument is in favor of them.
- 17:59Speaker 1: Maybe mainly I think because it sounds like folks are
- 18:02Speaker 1: not being properly informed, and so what someone might I mean,
- 18:05Speaker 1: there is one narrative. I'm sure they're alternative narratives. Someone
- 18:07Speaker 1: who may wish to for their child to be safe
- 18:13Speaker 1: and as concerns that they're able to sort of care
- 18:16Speaker 1: for the child, protect the child safety and healthy, or
- 18:19Speaker 1: make sure the child's safe and healthy, try to avail
- 18:22Speaker 1: themselves to one of these boxes. It's anonymous. But all
- 18:25Speaker 1: the challenges, I mean, what's the best case for these
- 18:28Speaker 1: boxes or is that there really isn't one.
- 18:32Speaker 3: That's a great question, and I think that when we
- 18:35Speaker 3: hear in the US are thinking about the best policy
- 18:40Speaker 3: responses to any problem, often we can learn a lot
- 18:44Speaker 3: by looking at other countries and how they approach these challenges.
- 18:50Speaker 3: Because the US clearly does not have a history with boxes.
- 18:54Speaker 3: This is a very recent phenomenon that has just started,
- 18:58Speaker 3: and I believe twenty sixteen was the very first box.
- 19:01Speaker 3: And now we have three hundred, over three hundred of
- 19:05Speaker 3: these abandonment boxes across the country, including at least one
- 19:08Speaker 3: hundred and fifty in Indiana alone.
- 19:11Speaker 4: And so and so.
- 19:14Speaker 3: One thing we can learn though is looking to other
- 19:17Speaker 3: countries that are similar and not identical, but similar to US,
- 19:20Speaker 3: with a longer history.
- 19:22Speaker 4: Of abandonment boxes.
- 19:24Speaker 3: And so there's been some wonderful research done, for instance,
- 19:27Speaker 3: in Germany and Austria, who have a long history with
- 19:31Speaker 3: these boxes.
- 19:32Speaker 4: In more modern times.
- 19:33Speaker 3: In Germany they actually have one hundred boxes, which is
- 19:39Speaker 3: very unusual. It is the only country in Europe to
- 19:42Speaker 3: have so many boxes. Those boxes were not installed in
- 19:46Speaker 3: response to any sort of increase in infant abandonment or infanticide.
- 19:51Speaker 3: They were installed by well intended, faith based advocates to
- 19:55Speaker 3: offer an additional means of surrender for those perceived to
- 20:00Speaker 3: need anonymity. However, when we examine the numbers of unsafe
- 20:05Speaker 3: abandonments and infanticides before and after those one hundred boxes
- 20:10Speaker 3: were installed, we see no difference in unsafe abandonments. We
- 20:16Speaker 3: do see those boxes being used, though, and when those
- 20:20Speaker 3: boxes are used, those numbers are actually being pulled from
- 20:25Speaker 3: the numbers of people who would have otherwise surrendered face
- 20:28Speaker 3: to face. It is a much more popular choice to
- 20:33Speaker 3: surrender face to face, and I can talk to you
- 20:35Speaker 3: about the US statistics on that because it's overwhelmingly favored.
- 20:40Speaker 3: So in Germany that means that those who are placing
- 20:45Speaker 3: an infant into a box, perhaps because they saw a
- 20:48Speaker 3: sign on the highway and didn't know about other options
- 20:52Speaker 3: or who knows, but when they're placing that baby into
- 20:55Speaker 3: a box, that means they're not going to the hospital
- 20:58Speaker 3: to receive crisis counsel, medical care, or knowledge of other options.
- 21:04Speaker 3: And so this again goes back to informed consent.
- 21:07Speaker 1: The I mean, the comparisons are really really helpful in
- 21:10Speaker 1: knowing that face to face surrenderers preferred. I think it's
- 21:14Speaker 1: also a powerful point. I mean, this is a dark
- 21:19Speaker 1: and grim ara topic in many many ways, and I
- 21:22Speaker 1: want to get to what policies you think would be
- 21:25Speaker 1: effective to meet the needs of this population. But before
- 21:28Speaker 1: we jump there, is there anything we need to know
- 21:31Speaker 1: before we think about what the right policies are current
- 21:35Speaker 1: contexts in the US, any other feel I mean, you've
- 21:37Speaker 1: hit so much of the ethics, the history, and the background,
- 21:40Speaker 1: anything else that listeners should know before we talk about
- 21:43Speaker 1: effective policies.
- 21:45Speaker 3: Absolutely, I would like to make a point that these
- 21:47Speaker 3: boxes are unregulated. There's no federal agency that oversees them
- 21:53Speaker 3: or inspects the factory.
- 21:56Speaker 4: That is why I led an.
- 21:58Speaker 3: Open letter to the US Department of Health and Human
- 22:00Speaker 3: Services that was signed co signed by one hundred of
- 22:05Speaker 3: my colleagues and physicians and other clinicians and child welfare advocates,
- 22:12Speaker 3: really sounding the alarm and pushing for oversight of these boxes.
- 22:18Speaker 3: They are also not hippo compliant. Whether it's someone calling
- 22:21Speaker 3: the hotline or the camera streams that are installed to
- 22:27Speaker 3: beam down inside of those boxes, those are not covered
- 22:31Speaker 3: by any sort of hippo compliance.
- 22:33Speaker 4: However, I do want to get back before we get
- 22:35Speaker 4: into which policies are effective.
- 22:37Speaker 3: I do want to mention that in some states it
- 22:41Speaker 3: might be that an infant abandonment box might be someone's
- 22:47Speaker 3: best choice. For example, currently in Texas undocumented patients, undocumented
- 22:57Speaker 3: people may fear the hospital because of recent requirements that
- 23:05Speaker 3: they must be asked about their documentation status, and so
- 23:09Speaker 3: in those cases, if a mother is fearful of going
- 23:14Speaker 3: to the hospital worried that her family may be deported,
- 23:20Speaker 3: it may be that a box might be the safest
- 23:23Speaker 3: way for her to surrender the child. It certainly still
- 23:26Speaker 3: puts her at medical risk, because women who give birth
- 23:32Speaker 3: alone are at risk for hemorrhage and infection, certainly, depression, anxiety,
- 23:38Speaker 3: lifelong grief, and trauma as discussed by Gretchen Sissen and
- 23:42Speaker 3: her recent book Relinquished, which I encourage you and all
- 23:45Speaker 3: of them had students here to read. There's another state
- 23:49Speaker 3: that is another outlier, perhaps.
- 23:52Speaker 4: In this conversation.
- 23:53Speaker 3: In states like Virginia, the safe haven laws that I
- 23:57Speaker 3: was talking about do.
- 23:59Speaker 4: Not give parents immunity.
- 24:02Speaker 3: From prosecution even if they follow the letter of the
- 24:06Speaker 3: safe haven law. In Virginia, the law states that that
- 24:12Speaker 3: individual can only use the fact that they used safe
- 24:17Speaker 3: haven surrender as evidence during their trial. And we need
- 24:21Speaker 3: to remember that these are families who are that are
- 24:23Speaker 3: already in crisis. These are families that are likely surrendering
- 24:28Speaker 3: because they may have other children that they're already struggling
- 24:31Speaker 3: to care for. Finances, as mentioned, is the primary reason
- 24:36Speaker 3: for relinquishments in at least eighty percent of cases here
- 24:41Speaker 3: in the United States. And so someone facing this challenge
- 24:46Speaker 3: does not have the time or the finances to wage
- 24:51Speaker 3: a legal battle against the state to prove that they
- 24:57Speaker 3: were doing the right thing. So in a state like Virginia,
- 25:01Speaker 3: where there are already hostile and coercive conditions, it may
- 25:07Speaker 3: it might be that a box might sadly be a
- 25:11Speaker 3: family's best.
- 25:12Speaker 1: Option challenging in grim cases. And I really appreciate how
- 25:15Speaker 1: you appreciate how you highlighted the other sorts of policies
- 25:20Speaker 1: structural features of the situation, And so folks may be
- 25:25Speaker 1: motivated to do this in light of other kinds of
- 25:26Speaker 1: things which are not sort of directly related to it.
- 25:29Speaker 1: So if you are afraid of deportation, this might become
- 25:32Speaker 1: your best option, not because it's the best option for
- 25:34Speaker 1: you as a person, as a member of a family
- 25:36Speaker 1: in terms of your health, but for other reasons. And
- 25:38Speaker 1: so and for folks who listen to the podcast regularly.
- 25:41Speaker 1: You'll recall a chat that we had with j O'Brien
- 25:45Speaker 1: on the horrific maternal mortality rate in the US and
- 25:48Speaker 1: the worthless to do if folks haven't heard it yet,
- 25:51Speaker 1: And the point I wasn't aware of from the chat
- 25:53Speaker 1: with Jay was that concerns about maternal mortality and the
- 25:57Speaker 1: newest extend to a full year postpartum, which.
- 26:00Speaker 2: I had not.
- 26:00Speaker 1: I mean, I always think about it in the hospital challenges,
- 26:02Speaker 1: So this, I think is a case which highlights that
- 26:05Speaker 1: in the opportunities if you're surrendering a child in person
- 26:09Speaker 1: at a hospital, options for care, anything else, before we
- 26:12Speaker 1: get up to what the best policies or better policies
- 26:16Speaker 1: should be, what policies will meet the needs of this population.
- 26:19Speaker 3: One point I'd like to make for there is a
- 26:21Speaker 3: perception from those who advocate for the box, or at
- 26:26Speaker 3: least some of those who advocate for boxes, that some
- 26:30Speaker 3: women just simply need a place to put their child,
- 26:37Speaker 3: similarly to dropping off a book to the library drop box. However,
- 26:42Speaker 3: this is never some sort of clinical decision for any parent.
- 26:47Speaker 3: Any parent who relinquishes is plagued by unrelenting grief for
- 26:52Speaker 3: the rest of their life.
- 26:54Speaker 4: That child too, we know.
- 26:57Speaker 3: From adoptee advocacy and child we Will welfare organizations very
- 27:02Speaker 3: much wishes that they could have stayed with their birth parents.
- 27:07Speaker 4: And I think what's really.
- 27:09Speaker 3: Missing from this conversation is the knowledge that these are
- 27:14Speaker 3: parents who really wish to keep their children. We can
- 27:18Speaker 3: again look at history. London is one of the locations
- 27:24Speaker 3: for a foundling museum. In London's Foundling Museum, they have
- 27:29Speaker 3: literally tens of thousands of artifacts or tokens that parents
- 27:36Speaker 3: would create, sometimes by hand, to pin to their child
- 27:43Speaker 3: before they surrendered them, creating some kind of unique embroidery,
- 27:48Speaker 3: sometimes beautiful, painstakingly created hearts out of beads with sometimes
- 27:56Speaker 3: arms open wide as if they're giving their child a hug,
- 28:00Speaker 3: And they would pin these very unique tokens onto their
- 28:04Speaker 3: child's clothes because they wished to have some kind of
- 28:08Speaker 3: unique identifier that they could someday reference when they come
- 28:12Speaker 3: back to reclaim their child. There are literally tens of
- 28:17Speaker 3: thousands of these artifacts in museums across the globe. Sometimes
- 28:22Speaker 3: people would take coins and cut them in half in
- 28:26Speaker 3: a unique way, and then make holes in each half
- 28:30Speaker 3: and attach one half to the child's clothes and then
- 28:33Speaker 3: string the other half and wear it close to their
- 28:35Speaker 3: heart until they someday are reunited with their children. And
- 28:39Speaker 3: the reason why I talk about these tokens is to
- 28:42Speaker 3: emphasize that parents wish to be with their children and
- 28:46Speaker 3: wish to be reunited with their children, but are often
- 28:50Speaker 3: facing social and financial situation, circumstances that are frankly achievable,
- 28:58Speaker 3: and a number of policies that we already have in
- 29:02Speaker 3: place but they might just not know about, which is
- 29:05Speaker 3: why again, face to face surrender is so important, and
- 29:09Speaker 3: face to face crisis support is so important.
- 29:12Speaker 1: The artifacts, I mean, I think they help give sort
- 29:15Speaker 1: of context and picture to the points that you've already
- 29:18Speaker 1: raised that most folks would prefer not to if they
- 29:21Speaker 1: had better options to abandon their or surrender their child.
- 29:26Speaker 1: Eighty percent of the folks who do this in the US,
- 29:28Speaker 1: it's due to financial challenges. And it sounds like the
- 29:32Speaker 1: folks who put these boxes together you mentioned earlier, have
- 29:35Speaker 1: or manufactured the boxes, have good intentions. It sounds like
- 29:38Speaker 1: policymakers folks have good intentions, And I wonder, yeah, well,
- 29:43Speaker 1: I guess we'll get to this with what the policies
- 29:45Speaker 1: are that we need because it seems like everyone's aiming
- 29:48Speaker 1: for the benefit of the family and the child and
- 29:51Speaker 1: the health of all. It's just I don't know, is
- 29:53Speaker 1: this just too unrealistic? I mean, would someone say so
- 29:55Speaker 1: one more question before the policies, Laurie. This all sounds great,
- 29:58Speaker 1: but we're dealing a real, realistic school. We're just trying
- 30:03Speaker 1: to have some sort of a means to address the
- 30:06Speaker 1: challenges that are being faced. Yeah, we could do something else,
- 30:09Speaker 1: but like, that's not the what's the line, that's not
- 30:12Speaker 1: the real world. There are kids are being abandoned and
- 30:14Speaker 1: this is a safe place?
- 30:16Speaker 3: Is that?
- 30:16Speaker 1: I mean, what's the Is there a response to that
- 30:19Speaker 1: idea of those folks wrong? Do the statistics not bear
- 30:23Speaker 1: it out? I mean, what's sort of before the policies?
- 30:25Speaker 1: Is there a response to that?
- 30:27Speaker 3: Great question? In person surrender works really well in the
- 30:31Speaker 3: United States. Each year we have around two hundred and
- 30:34Speaker 3: thirty in person face to face surrenders. Sometimes the numbers
- 30:40Speaker 3: drop off a little bit because there isn't enough public
- 30:44Speaker 3: awareness of the options. That's when you might see more
- 30:47Speaker 3: infants left, for instance, in an apartment building or at
- 30:50Speaker 3: a church.
- 30:52Speaker 4: People will only use options.
- 30:53Speaker 3: That they know about, and sometimes states may not consistently
- 30:59Speaker 3: reserve reserve to help people understand what their options are.
- 31:04Speaker 3: So perhaps, especially in this post stops climate, it may
- 31:08Speaker 3: be important to help people know what their options are.
- 31:12Speaker 3: I think again, though, to your question, part of what's
- 31:16Speaker 3: also really important is to circle back to this idea
- 31:19Speaker 3: of informed consent the way boxes are currently implemented. In
- 31:24Speaker 3: the training videos which I have watched, there is this
- 31:29Speaker 3: specific directive to never ask a parent. If you see
- 31:33Speaker 3: the parent, never ask them why they are choosing to
- 31:38Speaker 3: place a child in a box. In fact, that is
- 31:42Speaker 3: framed as what is the one question you would never
- 31:44Speaker 3: ask a parent? You should never talk to them about
- 31:48Speaker 3: other options if they're not explicitly asking for them themselves.
- 31:53Speaker 3: And so again, this just echoes back to the idea
- 31:57Speaker 3: of meeting people where they're at and not thinking about
- 32:01Speaker 3: what's wrong with them, but what's going on for them
- 32:05Speaker 3: And so for your students, that's what's referred to within
- 32:09Speaker 3: bioethics as a trauma informed approach. It is collaborative, it
- 32:13Speaker 3: is focused on mutuality, and it really helps to support
- 32:17Speaker 3: someone where they're coming from. And everything within bioethics is
- 32:21Speaker 3: really centered around not just harm reduction, certainly harm reduction,
- 32:26Speaker 3: but also helping people know where they're coming from and
- 32:30Speaker 3: helping them understand what options are available to them so
- 32:33Speaker 3: that they can make choices and not feel like the
- 32:37Speaker 3: box is their only solution.
- 32:38Speaker 1: Thank you for tharing that. In terms of medical students,
- 32:40Speaker 1: I mean, they're going to be all over me with
- 32:42Speaker 1: once they know that it's non hippo compliant, because they
- 32:45Speaker 1: get there's a ton on that relative to sort of
- 32:48Speaker 1: social media and everything else that they've run into. And
- 32:51Speaker 1: I mean this point about trauma informed conversations that they
- 32:55Speaker 1: do a bunch of work and motivational interviewing, all these
- 32:57Speaker 1: kinds of things to not be able to try to
- 33:00Speaker 1: help a patient sort of through this by eliciting their
- 33:03Speaker 1: own values and really having a conversation. I mean, that's that.
- 33:07Speaker 1: I appreciate that point. Have belabored it enough. Now, what
- 33:10Speaker 1: kind of policies do you think would be best for
- 33:13Speaker 1: most effective to meet the needs of this population.
- 33:16Speaker 3: There are other policies that are very helpful and rooted
- 33:21Speaker 3: in evidence based medicine that we can really look to.
- 33:27Speaker 3: And again we can look at what other countries have done,
- 33:30Speaker 3: but also what hospitals within the US have already done
- 33:34Speaker 3: very effectively, and I am referring to a policy called
- 33:39Speaker 3: supported birth, sometimes it's called confidential birth, and that means
- 33:45Speaker 3: helping these at risk, vulnerable populations of women who are
- 33:51Speaker 3: about to give birth or who may have just become pregnant,
- 33:54Speaker 3: to give them the means of receiving prenatal care andor
- 34:00Speaker 3: and delivery services with an extra layer of identity protection,
- 34:06Speaker 3: because sometimes we are talking about women who have experienced
- 34:11Speaker 3: incest or who may be pregnant because of a sexual assault.
- 34:16Speaker 3: They may be survivors or currently trafficked. They may be
- 34:23Speaker 3: facing very harsh conditions. They may have a spouse that
- 34:26Speaker 3: does not want them to be pregnant. They may simply
- 34:30Speaker 3: be unable, already facing severe financial strain and feeling like
- 34:37Speaker 3: they can barely care for their current children and not
- 34:41Speaker 3: know about family preservation funds that do exist to help
- 34:46Speaker 3: care for them. And indeed, Gretchen Sissen, this wonderful adoption
- 34:51Speaker 3: scholar who did research on why children are relinquished by
- 34:56Speaker 3: their parents, found that sometimes it's all they need really
- 35:01Speaker 3: to enable their family to stay together is to have
- 35:05Speaker 3: one or two thousand dollars or sometimes even enough to
- 35:09Speaker 3: pay for a car seat. That alone would make the
- 35:13Speaker 3: difference of helping to keep some of these families together.
- 35:16Speaker 3: But if they never receive crisis counseling, if they're never
- 35:20Speaker 3: told of options such as family preservation funds, if they
- 35:24Speaker 3: don't know about this nonprofit that can take their infant
- 35:28Speaker 3: for a while so that they can get on their feet,
- 35:31Speaker 3: they're not going to ever know to ask for those options.
- 35:34Speaker 3: And so confidential or supported birth provides an extra layer
- 35:39Speaker 3: of identity protection so that they can go and receive services.
- 35:43Speaker 3: And this has already been done in some hospitals in
- 35:47Speaker 3: the United States, and I'm working with other hospitals to
- 35:50Speaker 3: help put this in place. Sometimes hospitals say that's way
- 35:54Speaker 3: too complicated, it's impossible to do with our current insurance system,
- 35:59Speaker 3: there's no way to do it. However, we already offer
- 36:02Speaker 3: this service to a number of patient populations. For instance,
- 36:08Speaker 3: UCLA has an ALIAS policy for famous people. So a
- 36:14Speaker 3: famous actor might need surgery and they go to their
- 36:18Speaker 3: hospital and they say, I need a little bit of
- 36:20Speaker 3: extra identity protection, and.
- 36:22Speaker 4: We say, of course, you deserve that.
- 36:24Speaker 3: We want to keep you safe in the hospital setting. Similarly,
- 36:28Speaker 3: sometimes survivors of sexual assault need an extra layer of
- 36:32Speaker 3: identity protection, and we already have.
- 36:34Speaker 4: That in place.
- 36:36Speaker 3: Hartford Hospital System here in Connecticut had a policy like this.
- 36:41Speaker 3: I'm not sure if it's still in effect, but they
- 36:45Speaker 3: had local gangs and when gang members needed medical attention,
- 36:51Speaker 3: they wanted to keep them safe, and they wanted to
- 36:53Speaker 3: keep clinicians safe within the hospital. So again there's a
- 36:57Speaker 3: way of using an ALIAS within the hospital setting to
- 37:01Speaker 3: provide protection. Confidential or supportive birth is also possible through
- 37:05Speaker 3: the use of temporary Medicare to cover all of the
- 37:10Speaker 3: costs associated with this care. It's been done many times
- 37:14Speaker 3: here in the US recently. So this is the kind
- 37:18Speaker 3: of care that promotes informed consent, provides crisis counseling, and
- 37:22Speaker 3: indeed helps to keep families together. It was recently rolled
- 37:28Speaker 3: out in Japan and of thirty eight recent cases within
- 37:33Speaker 3: one hospital in Japan over the last three years, as
- 37:38Speaker 3: they came when they were in crisis and they were
- 37:42Speaker 3: still hiding their pregnancies, they gave birth through confidential birth,
- 37:47Speaker 3: and nearly forty percent of those women ended up keeping
- 37:52Speaker 3: their children because they learned about services that were available,
- 37:56Speaker 3: because they received crisis counseling, because they with clinicians that
- 38:01Speaker 3: cared about them.
- 38:02Speaker 1: I mean, a great set of cases, and I appreciate
- 38:06Speaker 1: the international comparisons. It sounds like these are the policies
- 38:08Speaker 1: that would most effectively meet the needs of the population.
- 38:12Speaker 1: And hopefully I mean, I know you're doing a bunch
- 38:14Speaker 1: of advocacy work around this topic, and hopefully you know,
- 38:19Speaker 1: more folks hear you. And again, because it seems like
- 38:22Speaker 1: lots of people are aiming for the good of those involved.
- 38:26Speaker 1: It's just in attempts to do it given certain structures. Yeah,
- 38:32Speaker 1: everyone's not on the same page. So Laurie, I really
- 38:35Speaker 1: appreciate the time today. Good luck with the advocacy work.
- 38:39Speaker 1: We hope that you are successful, and thank you for
- 38:42Speaker 1: shedding light on this topic that not as many other
- 38:44Speaker 1: people in bioethics have noted. So for everyone listening, I'm
- 38:48Speaker 1: speaking with Laurie Bruce, Associate director of the Interdisciplinary Center
- 38:52Speaker 1: for Bioethics at Yale University in the chair of Community
- 38:56Speaker 1: Bioethics Forum at the Yale School of Medicine. Laurie, thank you,
- 39:00Speaker 1: thank you so much.
- 39:01Speaker 3: Thank you Brian, it's been a pleasure.
- 39:04Speaker 1: This podcast series is a production of the Health Ethics
- 39:07Speaker 1: Lab and I am grateful to colleagues in the Department
- 39:09Speaker 1: of Medical Sciences, the IHS Library, and the Hackensack Ready
- 39:13Speaker 1: in the School of Medicine for making this collaboration possible.
- 39:16Speaker 1: To learn more about our work or to engage with
- 39:19Speaker 1: the series content, reach out to me Brian Pilkington at
- 39:22Speaker 1: Brian dot Pilkington at hmh N dot org.