Law meant to prevent tragedy

At the edge of the cemetery, grass has grown over the grave of a baby girl. It’s been three months since she was found abandoned in a ditch and given a community-sponsored funeral.
But questions remain as to whether the baby’s death could have been prevented.

Prosecutors and investigators would not release specifics that would indicate whether a 2000 Alabama law would have applied to this case.

The law, dubbed the Safe Haven Law, allows parents to give a newborn to emergency room personnel without being prosecuted if the baby is unharmed.

For the law to apply, the infant must be less than 72 hours old, according to Sec. 26-25-1 of the Code of Alabama.

Lee County District Attorney Nick Abbett said in the local case, the baby was not born the day it was found, but would not comment on how old the infant might have been when it died, declining to discuss potential evidence.

Law enforcement officials haven’t released any evidence as to how or why the baby, found in a drainage ditch Feb. 4 at Tree Tops Apartments, was abandoned.

A Lee County grand jury indicted the alleged mother Efernia Kylee McClendon, 18, of Opelika, on a charge of manslaughter last week.

The difference between murder and manslaughter is “murder is an intentional act; manslaughter is a reckless act,” Abbett said.

The indictment charges that McClendon caused the baby’s death by “failing to provide care and nurture to sustain the life of a newborn infant and/or by leaving said infant outdoors exposed to the elements.”

East Alabama Medical Center hasn’t received any newborns since the law was enacted, but the staff is equipped to deal with the situation, hospital spokesman John Atkinson said.

The law is not intended to promote the idea of abandoning new children, he said. “If (parents) feel they can’t afford the baby or don’t need other family members to find out - any concern - they could certainly bring the child to the hospital before taking its life.”

The staff is instructed to try and get information when an infant is brought to the hospital, Atkinson said. “Even though the person is not obligated to give anything, we still try to capture something to better care for the baby.”

Hospital staff then would examine the infant to look for signs of abuse and to make sure the baby’s generally healthy, he said.

If hospital staff declared the baby healthy, they would then give the infant to the Department of Human Services for foster placement and adoption, Atkinson said.

Lee County Coroner Bill Harris, whose family spearheaded a donated funeral for the infant in the local case, said a headstone has been ordered for the burial site.

Although the indictment lists the infant’s name as Atoya, Harris said he has not found any documentation on the infant.

So, the headstone will include the date she was found and the name Harris’ wife and daughter chose for the infant - Noelani, a Hawaiian name meaning “beautiful girl from heaven.”

Although no trial date has been set, Harris is waiting to see the outcome of the case.

“Hopefully, justice will prevail for the baby,” Harris said.