Facing Abandonment or Neglect Charges? A Minnesota Lawyer Explains How Statute § 609.3785 Can Protect You
You are in a situation you never imagined, holding a pain and fear so profound it’s hard to breathe. Perhaps you’ve just given birth and are feeling overwhelmed, isolated, and without options. The thought of raising a child right now feels impossible, and in a moment of panic and desperation, you considered leaving your newborn somewhere, anywhere, just to escape the crushing weight of it all. Now, you may be terrified of being found, of facing criminal charges like child abandonment or neglect, and of being branded a monster. You feel trapped, judged, and utterly alone.
Please, take a breath. You are not a monster. You are a human being in a desperate crisis. Minnesota has a law created specifically for you, for this exact moment. It’s called the Safe Haven Law, and it exists to protect both you and your baby. It offers you a path forward—a way to ensure your child is safe and cared for while protecting yourself from criminal prosecution. You do not have to abandon your baby in an unsafe place. You do not have to live in fear. As a criminal defense attorney who has worked with clients in crises across Minnesota—from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud—I want to explain your rights under this critical law. You have a safe, legal, and anonymous option. You don’t have to face this alone.
What Minnesota’s Safe Haven Law Actually Means
Minnesota’s Safe Haven Law, also known as the “Safe Place for Newborns Law,” is a legal shield designed to prevent a tragedy. It recognizes that new parents can face overwhelming circumstances—postpartum depression, lack of support, financial crisis, or fear of judgment—that might lead them to abandon a newborn. Instead of punishing a parent in crisis, the law provides a way out. In the simplest terms, it allows you to anonymously leave your unharmed newborn baby at a designated “safe place” with no questions asked and, most importantly, without the risk of being criminally prosecuted for abandonment or neglect.
The entire purpose of this law is to save lives. It gives you a legal alternative to an unsafe choice. A “safe place” is typically a hospital, an urgent care clinic, or an ambulance dispatched in response to a 911 call you make for this purpose. When you use this law correctly, you are not committing a crime; you are using a legal protection created for you. Understanding how to use this law is critical, as it provides a path to safety for your child and legal protection for you, which is vital if you are facing a potential Minnesota child abandonment accusation.
Minnesota’s Safe Haven Law — Straight from the Statute
The legal protection you have is codified in Minnesota Statute § 609.3785. The language is direct and powerful, offering you a clear way to avoid criminal charges. It is crucial to see the exact words that grant you this immunity.
609.3785 UNHARMED NEWBORNS LEFT AT A SAFE PLACE; AVOIDANCE OF PROSECUTION.
A person may leave a newborn with an employee at a safe place, as defined in section 145.902, in this state pursuant to section 260C.139, subdivision 4, without being subjected to prosecution for that act, provided that:
(1) the newborn was born within seven days of being left at the safe place, as determined within a reasonable degree of medical certainty;
(2) the newborn is left in an unharmed condition; and
(3) in cases where the person leaving the newborn is not the newborn’s mother, the person has the mother’s approval to do so.
Breaking Down the Requirements for Safe Haven Protection in Minnesota
To be shielded from prosecution under the Safe Haven Law, you must meet three specific conditions. The state can’t charge you with a crime like abandonment if you follow these rules. As your attorney, I would help you document and prove that you met every requirement, ensuring the law protects you as intended. Here is what you need to do to secure your legal immunity.
- The Newborn’s Age: The law is specifically for newborns. To qualify for protection, your baby must be seven days old or younger when you bring them to the safe place. The age will be determined by medical professionals “within a reasonable degree of medical certainty.” This is a strict deadline. If the child is older than seven days, the protections of the Safe Haven law may not apply, potentially exposing you to charges.
- The Newborn’s Condition: The baby must be unharmed. The spirit of the law is to protect infants from harm, so it requires that the child be in a safe and healthy condition when surrendered. If a baby shows signs of abuse or neglect, this law will not prevent a criminal investigation and potential charges for those separate acts. The goal is to encourage a safe transfer, not to provide immunity for prior harm done to a child.
- The Mother’s Approval: If you are the baby’s mother, you can surrender the child yourself. If you are the father, a grandparent, or another person acting on the mother’s behalf, you absolutely must have the mother’s permission to do so. This provision is in place to protect the mother’s parental rights and prevent a child from being surrendered against her will. Proving this approval existed can be a critical part of your legal defense.
What Happens If You Don’t Qualify for Safe Haven Protection?
The Safe Haven Law is a powerful shield, but it only works if you follow its rules. If you leave a child who is older than seven days, if the child is harmed, or if you leave them at a location that is not a designated “safe place” (like a church doorstep or a fire station that is not staffed), you can face severe criminal charges. The penalties for child abandonment, neglect, or endangerment in Minnesota are life-altering.
Gross Misdemeanor Penalties
If you are charged with a crime like child neglect or endangerment and the child did not suffer substantial harm, you could be facing a gross misdemeanor. This is punishable by up to 364 days in jail and a fine of up to $3,000. This will also leave you with a permanent criminal record that can haunt you for years to come.
Felony Penalties
If your actions are determined to have resulted in substantial harm to the child, or if they are charged as felony abandonment, the penalties skyrocket. A felony conviction can lead to several years in prison and tens of thousands of dollars in fines. A felony on your record will strip you of your right to own a firearm and create nearly insurmountable barriers to employment and housing. This is the future the Safe Haven Law is designed to help you avoid.
How the Safe Haven Law Works in Real Life — Common Scenarios in Minnesota
The decision to surrender a newborn is never made in a vacuum. It happens under immense stress and is often shrouded in secrecy and fear. Here are a few scenarios to illustrate how the Safe Haven law can work—and what can happen when it’s not followed.
The Right Way: A Safe Surrender at a Minneapolis Hospital
A young woman in Minneapolis gives birth alone in her apartment. She is terrified and knows she cannot care for her baby. Remembering something she read online, she wraps the baby warmly, places them securely in a car seat, and drives to the nearest hospital emergency room. She walks in, finds an employee at the intake desk, and says, “I need to leave my baby here under the Safe Haven Law.” The employee takes the baby, and the mother leaves. She has just saved her child’s life and legally protected herself from prosecution.
A 911 Call in a Rochester Suburb
A father finds himself the sole caretaker of a newborn after the mother leaves due to severe postpartum depression. He feels he cannot handle the situation alone. From his home in a Rochester suburb, he calls 911 and tells the dispatcher, “I need to surrender my newborn under the Safe Place for Newborns Law.” An ambulance is dispatched to his location. He hands the unharmed, three-day-old infant to the EMTs. He has successfully and legally used the Safe Haven Law.
A Risky Choice in Duluth
A teenager in Duluth gives birth and is afraid to tell her parents. Panicked, she leaves the baby on the steps of a local community center in the middle of the night. The baby is found hours later, suffering from exposure to the cold. Because the community center is not a designated safe place and the baby was harmed by being left there, the Safe Haven Law does not protect the mother. She is now facing a felony investigation for child endangerment.
The Deadline Passes in St. Cloud
A couple in St. Cloud struggles for two weeks with their new baby. They are overwhelmed and decide they can’t go on. They take their 15-day-old infant to an urgent care clinic in an attempt to use the Safe Haven Law. Because the baby is older than the seven-day limit, the clinic is legally obligated to report the situation as potential child abandonment. The law’s protection does not apply, and the parents are now facing a criminal investigation.
Asserting Your Rights Under Minnesota’s Safe Haven Law
Even though the Safe Haven Law is meant to be simple, the moments surrounding its use are filled with emotion and fear. Having an attorney can ensure your rights are fully protected. My role is not to defend you against the Safe Haven Law, but to use it as your sword and shield, proving you met its requirements and ensuring the “avoidance of prosecution” it promises is honored. We are not fighting the law; we are enforcing your rights under it.
The prosecution may still try to investigate, especially if there are any ambiguities in the case. They may question whether the baby was truly unharmed, whether the mother gave consent, or whether you were at a proper safe place. My job is to build a wall of evidence around you, demonstrating your full compliance with the statute and stopping any potential charges before they are ever filed.
Proving You Met the Conditions
We must be prepared to affirmatively show that you complied with every element of the law.
- Documenting the Surrender: If possible, getting some form of proof that you left the child with an employee can be helpful. While the law allows for anonymity, an attorney can help interface with the hospital or clinic afterward to obtain documentation confirming the date, time, and condition of the child upon arrival, all without compromising your identity.
- Confirming the Newborn’s Age: Hospital records will establish the baby’s age. We will work to secure these medical records to create an official record proving the child was within the seven-day window, leaving no room for the state to argue otherwise.
Ensuring Anonymity and Preventing Investigation
The spirit of the law is anonymity, but law enforcement may still have questions.
- Acting as Your Intermediary: If police or social services start asking questions or open an investigation, I will be your representative. You will not have to speak to them directly. I will handle all communications, present the evidence of your compliance with the Safe Haven Law, and demand that any investigation be closed immediately based on the immunity granted by statute.
- Protecting You From Unfair Charges: In some cases, an overzealous prosecutor might try to find a loophole or claim you didn’t meet the requirements perfectly. I will fight back aggressively, filing motions to dismiss any potential charges and holding the state to the letter and spirit of the law, which was designed to protect, not prosecute, people in your situation.
Minnesota Safe Haven Law FAQs — What You Need to Know Now
Where is a “safe place” in Minnesota?
A “safe place” is a hospital or other health care facility like an urgent care clinic. You can also call 911 for the purpose of surrendering a newborn, and the responding ambulance and its crew are considered a safe place. A fire station is NOT a designated safe place in Minnesota unless an ambulance is dispatched there to meet you.
Will I be arrested if I use the Safe Haven Law?
No. If you follow the three rules—the baby is 7 days old or younger, is unharmed, and the mother has consented—you cannot be prosecuted for abandonment or neglect. The law provides you with immunity.
Do I have to give my name or any information?
No. The process is intended to be anonymous. You can leave without providing your name or any other identifying information. However, you may be offered the chance to provide medical history for the child, which can be very helpful, but you are not required to do so.
What happens to my baby after I leave?
The baby will be given a medical examination and any necessary care. Then, child protection services will be contacted, and the baby will be placed in a foster or pre-adoptive home. The legal process for making the child available for adoption will begin.
Can I change my mind and get my baby back?
This is a very complex issue. The Safe Haven Law is designed to lead to a swift and permanent adoption for the child. While you may have a very short window to petition the court to regain custody, it is an extremely difficult and uphill battle. Surrendering a newborn should be considered a permanent decision.
Do I need a lawyer to use the Safe Haven Law?
You do not need a lawyer to walk into a hospital and surrender your baby. However, if you are afraid, confused, or worried about being investigated, an attorney can provide guidance, ensure the process is documented correctly to protect you, and act as your representative if any legal issues arise.
What if I’m not the mother?
If you are the father or another person, you MUST have the mother’s approval to surrender the newborn. If you do not have her permission, you are not protected by the Safe Haven Law and could be charged with a serious crime.
What if the baby has a minor health issue?
The law says the baby must be “unharmed.” This generally refers to harm caused by abuse or neglect. If the baby was born with a medical condition, that would likely not prevent you from using the law. However, this can be a gray area, and it’s a situation where legal advice would be highly beneficial.
Does the law apply to out-of-state residents?
Yes. The law applies to any person who surrenders a newborn at a designated safe place within the state of Minnesota, regardless of where they reside.
Is there a cost to use a safe place?
No. There is no cost to you. The hospital or ambulance will provide any necessary medical care for the infant.
What if I’m a minor?
The law applies to you regardless of your age. A minor parent can use the Safe Haven Law to surrender a newborn without fear of prosecution.
Will my parents be notified?
The process is anonymous. As long as you follow the rules, no one, including your parents, should be notified.
Does the father have any rights?
The Safe Haven Law and the subsequent child protection case primarily focus on the mother’s rights and the child’s safety. A father’s legal rights in a Safe Haven situation are limited and complex. If he wishes to seek custody, he must act extremely quickly and petition the court.
Is there a confidential hotline I can call for more information?
Yes. The National Safe Haven Alliance has a 24/7 crisis hotline. You can call or text 1-888-510-BABY (1-888-510-2229) to speak with someone confidentially about your options.
Why was this law created?
The law was created to save the lives of infants who might otherwise be abandoned in unsafe places. It provides a compassionate, non-punitive alternative for parents who feel they have no other choice. It is a law built on empathy, not punishment.
Consequences of a Conviction If You Can’t Use the Safe Haven Law
If you are unable to use the Safe Haven Law as a shield—perhaps because the child was too old or was left somewhere unsafe—and you are convicted of a crime like child abandonment or endangerment, the consequences will follow you for the rest of your life. It is not just about the immediate penalties of jail time or fines; it is about a future forever marked by this conviction.
A Devastating and Permanent Criminal Record
A conviction for a crime against a child is a profound stigma. It will appear on every background check for the rest of your life. This can make it nearly impossible to find work in many fields, particularly education, healthcare, childcare, or any position where you would be trusted with vulnerable people. The career you planned for could become permanently out of reach.
Loss of Housing and Educational Opportunities
Just as employers are wary of hiring someone with this type of record, so are landlords. You may find yourself denied housing applications again and again, relegated to insecure or unsafe living situations. Many colleges and universities also run background checks and may deny admission or financial aid based on a felony conviction, shutting the door on your ability to build a better future.
Impact on Your Parental Rights and Family Life
A conviction for abandoning or endangering one child will almost certainly be used to terminate your parental rights to any other children you have or may have in the future. The family court system will view you as an unfit parent, and you could lose your family forever. The shame and judgment from this conviction can also destroy relationships with friends and other family members, leaving you isolated when you need support most.
Immigration and Other Consequences
For non-citizens, a conviction for a crime like this can be a death sentence for your American dream. It is often considered a “crime of moral turpitude” or an “aggravated felony” under immigration law, which can lead to mandatory deportation, regardless of how long you have lived in the United States or the family you have here.
Why You Need a Tough, Experienced Minnesota Attorney on Your Side
Even when using a protective law like the Safe Haven statute, the legal system can be intimidating and confusing. When your entire future is at stake, you need a dedicated advocate in your corner. You need someone who will ensure the promises of the Safe Haven Law are kept and that you are fully protected from a wrongful prosecution.
A Private Lawyer’s Singular Focus on Your Protection
Unlike an overworked public defender, I will dedicate my full attention and resources to your situation. You are not just another file on a crowded desk. I will take the time to understand your circumstances, answer your questions, and develop a clear strategy to ensure your legal immunity. You will work directly with me from start to finish, and I will be the one fighting for you, ensuring your story is heard and your rights are upheld with the compassion and seriousness they deserve.
How Swift Action Can Secure Your Freedom
The period immediately after surrendering a newborn can be critical. Questions can arise, and investigators may start to poke around. By retaining me immediately, you can put a stop to this before it begins. I will proactively communicate with the authorities, present the facts that prove your compliance with the Safe Haven Law, and shut down any potential investigation. This early intervention is key to ensuring you can truly walk away and start fresh, without fear of legal repercussions.
Understanding the Systems in Minneapolis, St. Paul, and Statewide
Having practiced criminal defense across Minnesota, I know the systems, the people, and the procedures. I understand how hospitals in major cities like Minneapolis and St. Paul handle these cases versus how they might be approached in smaller communities. I know how to talk to county attorneys in Hennepin County, Ramsey County, and beyond. This local knowledge is a powerful tool to ensure your surrender is handled correctly and that you receive the full, non-judgmental protection the law intended.
Building a Case That Guarantees Your Immunity
My goal is simple: to ensure the law works for you exactly as it was written. I will build an ironclad case demonstrating your full compliance, leaving no room for doubt or questioning. We will gather medical evidence, document the chain of events, and present a clear, undeniable argument for immunity. Whether it involves stopping an investigation before it starts or fighting to have wrongful charges dismissed, my focus is on achieving the result you need: complete avoidance of prosecution. You made a brave, selfless choice for your child. Now let me make sure the law protects you for it.