.jpg)
Abandoning your children now legal in Nebraska
Categories: Newborns, Babies, Health & Safety, In The News, Weird But True
Every state in the U.S. now has what is called a "safe haven" law. Intended to prevent unwanted babies from being abandoned just any old place, the law allows desperate parents to leave their babies at hospitals with no questions asked.
Until recently, Nebraska was the only state without a safe haven law. But about a month ago, they passed their own version and added a unique twist. Unlike other states who are trying to protect newborn babies with the law, Nebraska wants to protect all unwanted children and therefore allows a minor of any age to be abandoned at a safe haven hospital. What's more, the law doesn't even specify that it must be a parent who abandons the child. Which means the babysitter, the neighbor or anyone else can surrender custody of a child.
Adam Pertman, a frequent critic of safe-haven laws is especially critical of this one. "Whether the kid is disabled or unruly or just being a hormonal teenager, the state is saying: 'Hey, we have a really easy option for you,'" he says.
So far, there has been no reports of children of any age being abandoned at Nebraska hospitals since the law went into effect.
Until recently, Nebraska was the only state without a safe haven law. But about a month ago, they passed their own version and added a unique twist. Unlike other states who are trying to protect newborn babies with the law, Nebraska wants to protect all unwanted children and therefore allows a minor of any age to be abandoned at a safe haven hospital. What's more, the law doesn't even specify that it must be a parent who abandons the child. Which means the babysitter, the neighbor or anyone else can surrender custody of a child.
Adam Pertman, a frequent critic of safe-haven laws is especially critical of this one. "Whether the kid is disabled or unruly or just being a hormonal teenager, the state is saying: 'Hey, we have a really easy option for you,'" he says.
So far, there has been no reports of children of any age being abandoned at Nebraska hospitals since the law went into effect.
Recent Posts
- Reviews: What's New This Week (11/06/2009)
- Jim Carrey's "A Christmas Carol" Creepy in a Good Way (11/06/2009)
- Twitter Follow Friday on ParentDish! (11/06/2009)
- Babies Pick Up Mothers' Accents In The Womb (11/06/2009)
- Recall: Adventure Playsets (11/06/2009)
Reader Comments (Page 1 of 1)
April 8-24-2008 @ 6:20PM
Well, as a paralegal residing in Nebraska, I'm fortunate enough to know where to look for the information on this rather than relying on Fox News to tell me what it says.
The bill, LB 157, was introduced with this statement of intention:
Legislative Bill 157 would allow a parent to leave an infant with an on duty firefighter or hospital staff member within seventy-two hours of the infant's birth. The on duty firefighter or hospital staff member would then have four hours to report the incident to law enforcement. LB 157 also directs the Department of Health and Human Services to maintain and update on a monthly basis a report of the number of children who have been abandoned, and to place the infant with a potential adoptive parent as soon as possible. LB 157 directs the Department of Health and Human Services to terminate the parental rights of the parent that leaves the child with a firefighter or hospital staff member.
Obviously it was modified along the way because what the current law says is far from what the intention statement says.
The "safe haven" law was incorporated to an existing statute involving the abandonment of a child referring to a parent who walks out on their kids and doesn't support them. That's where "child" is defined as being under the age of 16. So the existing law made it a crime (class I misdemeanor, to be exact) for a parent to abandon their child BUT the statute was changed to read that a parent seeking safe haven for a child under the age of 30 days by leaving the child with firefighter or hospital staff member is immune from prosecution under that statute.
Where they screwed up was with Amendment 1696 to LB 157 which said "No person shall be prosecuted for any crime based solely upon the act of leaving a child in the custody of an employee on duty at a hospital licensed by the State of Nebraska."
But then they amended it further with ER8131 to separate and make the distinction between a "safe haven" situation and a parent walking out on their family regardless of the child's age.
So the final entry of the bill did NOT change the "safe haven" law to include children up to the age of 16 nor did it include babysitters. The statute regarding abandoning children of any age is still in place. Parents can still be prosecuted for dumping off their 10 year old.
Incorporating a safe haven law into existing statutes regarding abandonment of children doesn't constitute changing the law completely.
I guarantee you, a case will come along where someone tries to get rid of their teenager under this law and the court isn't going to interpret it that way thus a precedent will be set and case law will establish that there is a difference.
Like we learned in high school, the legislature makes the laws, the courts interpret the laws.
Reply
ivory 8-24-2008 @ 9:37PM
Kudos to you for explaining this.
tatny 8-25-2008 @ 1:03AM
I believe at any age a child should be placed in a safe haven ... Should you not beable to take care of ... instead of pawing off or leaving or killing them ...
personalshopper 8-24-2008 @ 11:51PM
so that means someone could kidnap your kid and drop it off at the hospital? i hope not, thats crazy!
Reply
andie 8-25-2008 @ 1:34AM
All states allow parents to abandon their infant children....they are called "Working Mothers".
Reply
Adrienne 8-25-2008 @ 7:56AM
Now really Andie....this post had nothing to do with working moms. Why must you say something like that? I really do not understand why you feel the need to be so critical. Everyone has their own reasons for working or nonworking. As moms we should support each other, not tear each other down.
But you know, if your opinion of working moms is that they are abandoning their infant children, I'd love to read a blog entry written by you on how this is so...then your comment would be more relevant.
April 8-26-2008 @ 7:56PM
You're so right Andie. Moms who work outside of the home are just so selfish and evil and should have their kids removed from them for "abandoning" them. /sarcasm
So what do you suggest they do about fathers who don't pay child support, want nothing to do with the children they helped create, and put the single WORKING mothers in a position where they have to work two jobs and rely on family to help watch the child because daycares close at 6:00? Or should those mothers just forget about putting a roof over their child's head and just go live in a shelter and collect a welfare check so people like you will be happy?
Jess 10-07-2008 @ 4:25PM
Andie,
As a working mom of 10 month old twins I can tell you its far from abadoning my children. How is it abandoning them when I'm putting food in their bellies, a roof over their heads and clothes on their bodies along with being able to provide health insurance for them and give them a good education. You tell me how am I suppose to do all that with no income? You obviously come from a wealthy family who spoil their kids and everything is handed to you on a silver platter. Grow up,get educated and have reality slap you in the face.
Wolfster 8-25-2008 @ 3:43AM
Yes, Andie, because as everyone knows, fathers have absolutely nothing to do with producing babies and have no place in raising a family. Have some issues there, you silly git? Or are you just another neoCon Artist?
Reply