SafetyIssues Personal and Public Safety News Articles: Parents Exploit Nebraska Law

Parents Exploit Nebraska Law
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Staff writer for safetyissues.com on 11/15/08 09:43:00
 
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?
Safety 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.