Iowa's Safe Haven Law explained

IOWA CITY — State officials said they cannot say if a baby born in a University of Iowa Hospitals and Clinics bathroom and left in a trash can is being treated as a Safe Haven baby.

'I can't talk about any specific cases we may handle,' said Amy McCoy, spokeswoman for the Department of Human Services.

According to a UI Department of Public Safety criminal complaint, 22-year-old Ashley R. Hautzenrader entered a bathroom in the John Colloton Pavillion at UIHC around 9:24 p.m. May 8 and gave birth to a baby into the toilet. The newborn was not crying and, thinking the baby was dead, Hautzenrader attempted to flush the child down the toilet, police said. She then placed the child in a pillow case and put the baby in a trash can, police said. The child was later found by UIHC employees.

UI officials have said they cannot comment on the condition of the baby. It is unclear now who has parental rights to the child as Hautzenrader has been charged with child endangerment, an aggravated misdemeanor.

Under the Safe Haven law, enacted in 2002, a parent or parental representative can take a newborn up to two weeks old to any hospital or health care facility in Iowa and turn over the child. McCoy said employees at the facility will ask the parent or representative questions, but they can choose to remain anonymous.

The law is designed to grant immunity to parents from abandonment and ensure infants are safe and placed with a family.

McCoy said a court date would then be set within 30 days to terminate parental rights.

'If the parents would then change their minds, they have the opportunity to come back to court,' she said. 'There is that opportunity to change their minds.'

There have been 25 cases of babies turned over to the state under the Safe Haven law. McCoy said all of those children have been successfully adopted.