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Nebraska's Not-So-Safe Haven

By Anne Skove, Esq.

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Earlier we noted that the broad safe haven law in Nebraska has people talking. Its no-child-left-behind approach allows parents to leave children of any age in designated hospitals.

Half of the 33 children dropped off to date were not infants. Nebraska is trying to rewrite its law to mirror other safe haven laws, which were written to shelter infants only.

The argument against dropping off older children is that they will be traumatized by the event, whereas babies won't remember. It seems, though, that the situations in which these older children find themselves are already quite traumatic. Abject poverty, mental illness, missing and/or deceased parents -- all have deep impacts on the children. Abandonment might be better than the alternative.

Families struggling with older children are canaries in the mine. Rewrite the law, and they'll still exist. The widowed father with several children won't get his wife back or win the lottery. Social services won't step up to assist hopeless parents around the country.

We know foster care is a last-ditch option. What other options exist? Emancipation of the minors? Transferring (formally or in-) custody to another relative or friend? Providing mentors, parent education, or other resources to those in need?

Orphanages still exist -- these days they mainly care for children who were removed from the home rather than for the average Dickensian waif. Are they stepping up efforts to fill this gap?

What's your state doing? Let us know.

Listen to Nebraska's Legislators Evaluate Safe-Haven Law, Ari Shapiro, Morning Edition (November 14, 2008), and read The Dilemma of Dropped-off Kids, Cincinnati Enquirer (November 13, 2008).

Full post as published by court-o-rama.org on November 14, 2008 (boomark / email).

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