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Parents Exploit Nebraska Law

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As Nebraska’s state legislature went into special session to add an age limit to the state’s Safe Haven Law, parents appear to be in a rush to leave their teenage children before the amendment takes effect.

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Nebraska passed its safe haven law — which allows a person to leave a child at a hospital without being prosecuted for abandonment — in July. It was the last state in the country to enact such a law.

Since then, at least 34 children have been abandoned, albeit legally, into the care of the state. The problem is that more than half of them — 20 at last count — are teenagers. This prompted state officials to consider amending the wording of the law.

Only Nebraska does not have an age limit for children to be abandoned. The other 49 states accept only infants. The Nebraska law had a presumed age limitation of 3 days when it was enacted. But instead of specifying an age limit, the Nebraska law uses the word “child,” which means anyone under the legal age (or age 17 and under).

In its current wording, the law says: "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 … The hospital shall promptly contact appropriate authorities to take custody of the child."

When too many teenagers were abandoned, the governor of Nebraska called for a special session of legislature to amend the law. This spurred more parents to abandon their teenagers.

The ambiguous text also does not clearly establish if Nebraska’s juvenile courts will have jurisdiction over the abandoned children. Unless the court has jurisdiction, it cannot assign social services and the children would not be able to receive the help they need. The state might be forced to return the children to their parents.

The state may order parents to provide services, participate in family therapy, and pay child support. Their parental rights or responsibilities are not terminated when they drop their child off at the hospital, according to Nebraska Department of Health and Human Services.

Safe haven laws are designed for young mothers needing help with their babies, not for families having difficulty with teenagers to drop them off and abandon their parental responsibilities.

This may be the bigger problem that states have to address: many parents need easily accessible help and support to cope with the difficulties of raising teenagers. Can states help teenagers and their families do something about teen problems?

Simon_100.gifSafety Tips:

* Do not let child-raising pressures build up into a crisis. Reach out to your support system — family and friends.

* For those having trouble coping, community support groups, crisis hot lines, and other services can help. In Nebraska, the United Way and Boys Town can also provide child services.

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