Mother Prosecuted For Abandoning Baby on Road

Source: Anne Arundel County Police
A six week old girl was found on the side of the road in Maryland in a car seat carrier. She was in fairly good condition when she was found. She was taken to a hospital to be treated for dehydration.

The baby was taken to the local police department around midnight on Saturday and they began the search for the parents with the help of social media. On Sunday, they received a call from a woman who claimed to be the mother. The caller, later identified as Sandra McClary, said that the infant was supposed to be in the care of the child's father and she did not know the whereabouts of the child. McClary accurately description of the child over the phone and then identified her in person.

An investigation about the abandonment of the child showed that McClary removed the child from her car and left her on the side of the road. Her car matched the partial tags of the vehicle that left the area around the time the child was left. A spokesperson from the police said the baby may have been left on the road as part of a domestic dispute with the father.

The child is in the care of Social Services.

Source: Anne Arundel County police
Sandra McClary was charged with reckless endangerment and child neglect. She is being held on a $500,000 bond. McClary is also going to trial this week for 26 robbery charges.

Maryland does have a safe haven law, which allows a child to be taken to a church, fire station, or hospital if the parents are unable to care for them.

Idaho also has a safe haven law that has been in place since 2001. This is a safe alternative for parents who might abandon their child otherwise. In Idaho, you may take the child to a hospital or clinic, a doctor's office, a nurse practitioner, physician's assistant, or an ambulance personnel. The child must be younger than 30 days. You have to physically hand the child to someone at the safe haven, not leave them outside, and express intent that you will not return for the child.

You will not get in trouble with the law if you choose to do this, unless the child has been physically hurt. You have the option to remain anonymous.

Once the child is at the safe haven, they will make sure that the baby is given medical attention, contact the law enforcement, so the child can be placed in protective care, and contact the Idaho Department of Health and Welfare, so the child can be placed in a loving family as soon as possible.

Comments from Allen:
Many children are placed for adoption through safe haven laws, including overseas adoptions, where this practice has been in place much longer than in the United States.  The parents know the child is safe, and they are relieved of the obligation of caring for the child.

 I expect the defense to raise "post-partem depression" as a mitigating circumstance.  Unfortunately, some women suffer this and have a desire to be away from the child shortly after birth.  Leaving a child at the side of the road, where the child could easily die, as opposed to dropping the child off at a safe haven, is more consistent with someone trying to hurt the other parent.

I think Ms. McClary is going to be making a lot of new friends.  For a long, long time.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.

Idaho Falls attorney Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.

Sources for more information:
http://www.cbsnews.com/news/maryland-mom-accused-of-abandoning-baby-on-road-charged/

http://www.cnn.com/2015/07/05/living/anne-arundel-maryland-police-baby-roadway-feat/

http://www.courtchatter.com/#!Infant-found-on-side-of-Maryland-road/c1oiw/559a74e30cf20881704585b0

http://patch.com/maryland/annapolis/mother-abandoned-infant-awaiting-26-charges-armed-robberies-0

http://www.usatoday.com/story/news/nation/2015/07/05/woman-claims-baby-found-abandoned-by-road/29739669/

 http://www.211.idaho.gov/elibrary/SafeHaven.html






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