DULUTH — Authorities are investigating a case in which a newborn was left in the care of staff at a domestic abuse shelter.
The Duluth Police Department executed two search warrants for surveillance video and other materials at the facility operated by Safe Haven Shelter and Resource Center last month.
ADVERTISEMENT
The warrant applications indicate investigators were seeking to identify the woman who left the child and determine whether a crime had been committed.
Minnesota has a “safe haven” law that allows a mother or another person, with her permission, to anonymously surrender an unharmed infant to a “safe place” within seven days of birth without being required to provide any information.
However, the law defines “safe place” as a hospital, health care provider with urgent medical care services, or an ambulance service.
A shelter does not fall under that definition, and it remains unclear if the child had yet turned 7 days old.
Safe Haven cannot voluntarily turn over records relating to clients without their consent, Executive Director Brittany Robb said, citing strict confidentiality requirements under the federal Violence Against Women Act. But the organization does comply with judicial warrants.
“We’ve worked really hard with law enforcement on this issue over many, many years,” Robb said. “And what continues to be kind of a sticking point is that we as individual agencies both have an obligation for preserving public safety, but the way that we go about doing that could not be more disparate.”
The 911 call was placed shortly before 5 p.m. on Jan. 21 by shelter manager Ethan Powers, according to the filings. When officers arrived, they found the supervisor with the unidentified child, which was estimated to be about a week old.
ADVERTISEMENT
The infant had been left wrapped in a blanket inside a basket with diapers and formula, police wrote, and Powers reported seeing a woman leaving the area in a vehicle. The baby was taken to a hospital for evaluation.
The filings suggest initial confusion over the circumstances of the incident. Police first wrote that the child had been left outside in subzero temperatures, but that statement was later corrected to say the infant was left inside.
Judge Shawn Reed granted a warrant for police to search the shelter’s camera footage over a two-hour period, with investigator Ryan Puhle writing that it "likely captured and recorded the incident including the physical appearance of the woman who left the infant as well as a vehicle and its license plate involved in the transportation."
Safe Haven allowed police to view footage, per the warrant, but denied the investigator’s request to obtain copies at that time, leading to a second warrant just hours later.
It was discovered from the video, police wrote, that the unidentified woman had come into the facility, and Powers also stated in an interview that she had told a staff member she could not care for the child. But Safe Haven denied a request to turn over the names of staff members working at the time, Puhle wrote.
The second warrant, which Robb described as "more aggressive," authorized police to obtain staff names as well as search "all computers, cameras, recording devices and other electronics" and "all files, records (and) reports, both physical and digital" regarding the surrendered child.
Robb called the warrant “ambiguous” and said it was not clear how the shelter was supposed to comply with the requirements, but staff asked clarifying questions and “complied fully with the warrant.”
ADVERTISEMENT
“Having really studied and practiced our obligations for confidentiality, we're very well prepared to manage a warrant effectively and appropriately when they come to us,” Robb told the News Tribune, though she added it's not a frequent occurrence for the organization.
Puhle wrote in the second application that the woman appeared to be known to Safe Haven staff because the shelter’s address is confidential, and she was immediately let into the secure building.
“(Police), alongside Child Protective Services (have) a duty to identify this person and the child involved to learn where this child came from, who its parents are and any potential concerns about the separation between child and parents,” Puhle told the court, adding that it was not immediately known if the woman was the infant’s mother.
Police spokesperson Mattie Hjelseth said Tuesday that the case remains under investigation and that the infant is in the care of foster parents.
Robb said she could not comment on the specific incident, citing the confidentiality requirements, but she had some concerns about apparent “inaccuracies” in the warrant applications and public discussion surrounding the incident since it was first publicized.
“Our staff is very polished at responding to emergencies and crises because that's what we do every single day,” Robb said. “So it's really disheartening when the response of my staff to a very stressful situation is misinterpreted and misconstrued.”
Robb said the shelter has multiple layers of security, so no visitors are ever left outside in the cold.
ADVERTISEMENT
She said it’s always a “tremendous act of courage” when someone reaches out for help, and if the primary concern is not domestic violence, staff can connect people with other resources and organizations that provide the services they need.
“At the end of the day, the survivor is in charge,” Robb said. “They are the boss. We are just there to help them open the door. They are the ones that have to walk through it. So that is what we do in every situation.”
As for the police, she said, there will always be a somewhat complicated relationship.
Robb said she had “endless respect and gratitude” for officers who intervene in dangerous domestic situations, but other times, situations arise where there are unclear or conflicting laws and requirements that can leave either side feeling frustrated.
“I do feel like among the individuals that provide the services, both at the police department and at Safe Haven, that we respect each other,” Robb said, “and that's more than I can say for some other observations I've made throughout the state. So, overall, we feel really grateful.”
The Trust Project
