Who's safety is being protected by Haven Laws?

Kerry's picture

Niels brought attention to the following article about Nebraska's new safe-haven proposal:

LINCOLN — Nebraska hospitals have no clue who they might find on their doorsteps when the state's unique "safe haven" law goes into effect Friday.

It could be fragile newborns left by frightened and desperate young women. Or it could be unruly teenagers dropped off by frustrated parents.

State lawmakers were most concerned about newborns when they passed the law earlier this year that will allow people to abandon children at hospitals without fear of prosecution.

Nebraska was the last state to adopt such legislation. The law, along with most others passed by the 2008 Legislature, takes effect Friday.

Nebraska's safe haven law does not set an age limit on the children who can be left at hospitals. That potentially means children up to age 19.

The maximum age under safe haven laws in other states is 1 year old, and most limit dropoffs to within 72 hours to one month after birth.

"It's not necessarily a unique goal of the law, but it's a unique approach," said State Sen. Pete Pirsch of Omaha, whose compromise amendment became Nebraska's law.

Pirsch's compromise broke a legislative deadlock over whether to set an age limit on the law and how to deal with parental rights. Sen. Ernie Chambers of Omaha, a longtime opponent of safe haven laws, said he wanted the law to benefit older children.

"To me, the important thing was to get through a safe haven bill," said Pirsch, adding that he doesn't expect problems because of the broader age range of Nebraska's law. He said parents typically call law enforcement if they have problems with their teens.

Karen Authier, executive director of the Nebraska Children's Home Society adoption agency, worries that such predictions are too optimistic.

She said her agency and others already have gotten disturbing calls from people talking about using the new law to drop off children who are more than a year old.

If they follow through, she said, their children could be badly traumatized by the experience.

"I hope this bill isn't misused," Authier said. "Because it's written so broadly, it could be misinterpreted as encouraging people to abandon children." 

 http://www.omaha.com/index.php?u_page=2798&u_sid=10383013

It's obvious to me, adoption agencies would much rather have infants than older children in need of a family.  That being said...

If frightened parents are the problem, what's being done to change those circumstances?  Where is the "safety" in selling children through an adoption-system that fails to address the cause of parental abandonment?  Seems to me it's safe for an agency to claim a child (who cannot speak), "He was found on a doorstep or dumpster, left by his mother".  Yes, heaven forbid The Haven System admits, "We choose not to save the parents; instead we want to sell babies without the hassle of parental involvement". 

All one has to do is look at NJ's alarming and blatant disclaimer found on their Haven pages: 

The parents — or someone acting on their behalf — can bring a baby less than 30 days old to any hospital emergency room or police station. The Division of Youth and Family Services will take the child into custody and place the infant in a foster or pre-adoptive home. http://www.njsafehaven.org/

"No questions asked".  [Gives new meaning to the "don't ask, don't tell" discussions, eh?] 

If "panicking parenting" is the problem, what's being done to teach better parenting, (aside from parenting classes made available through private adoption agencies)?!

Comments

unexpected yet futile opposition

In 2004 the the North Platte Telegraph, yes that is a news paper, ran an article in which the executive director of the Nebraska Children's Home Society, a private child placement agency, oposes the safe haven laws. For once I wished the state legislators had listened to the words of an ageny representative.

NE Children's Home Society opposes safe havens

Families gather for a celebration of adoption

11/14/2004
Diane Wetzel
The North Platte Telegraph

Nebraska is one of only three states in the nation that does not have a Safe Haven law on the books.

Bob Brandt, executive director of Nebraska Children's Home Society, thinks that is the way it should stay.

"Nebraska is not behind when it comes to legislation," Brandt said. "We are ahead."
 
In theory, Safe Haven laws will prevent newborns from being dumped by panicked mothers and left to die. A mother can leave a newborn with a
hospital or police department without prosecution.

Safe Haven laws got their start in Texas. The law allows "a parent or other person who is entitled to possess a child 30 days old or younger" to
voluntarily leave that child in the possession of an emergency-care provider. The abandoner is legally immune to prosecution. During 1999-2000
the trend to pass this type legislation spread across the county.

Brandt said he is opposed to Safe Haven legislation, which allows a newborn to be "legally abandoned."

"It gets a little uncomfortable to oppose these laws, but for the past three years, as director of NCHS, I have," Brandt said.

"Babies are still being abandoned. The law doesn't examine the psyche of those who abandon their babies. We have to realize that it isn't happening
that way."

Brandt told the group that mothers who will abandon their newborns will not think about a law that prevents prosecution if they give their child to an
emergency care provider.

"Safe Haven laws are a way to circumvent adoption laws and have unintended consequences."

Brandt said the legislation was going to hit again this year.

"It's going to be tougher this year because we lost a baby."

Brandt was referring to a two-day-old infant discovered abandoned in a canal near the Elkhorn River in Norfolk last June. Norfolk businesses raised funds to provide a casket and flowers.

Nebraska Children's Home Society has a long tradition of putting children first. Founded in 1893, the NCHS is unique because no fees are charged.

Thegroup is the largest adoption agency in Nebraska.

"We are not looking for children for parents," Brandt said. "We're looking for good homes for children."

Brandt was in North Platte Thursday night for a celebration for National Adoption Month.

Giggles and cookies started out the evening as area families gathered for a celebration of adoption.

The Great Plains Area Adoption Association sponsored the event. The invitation was extended to all members of the family of adoption. Adoptive
parents and birth mothers mingled over cake and punch. While children played games, Brandt discussed Safe Haven legislation with the group.

Brandt said that in 2000, the state of New York, which does have safe havenlegislation, had 19 newborns reported under Safe Haven. In Nebraska, during the same time period, 53 at-risk cases that fit high risk for abandonment were helped by the NCHS. The NCHS uses an 800 number, staffed by a caseworker around the clock, and will have billboards up all over the state this month. Of those 53 cases, 33 were hospital referrals, 18 were calls from the client themselves, and physicians referred two.

"Our philosophy is if you are going to bolt, bolt." Brandt said. "We will provide safe care for your baby."

Thirty-three of the 53 cases came back after a day or two and sat down with caseworkers from NCHS to talk about options for the baby. Twelve decided to parent the baby with supervision.

"I hope society doesn't get to the point where they think abandonment of a child is a good thing," Brandt said. "We must get the word out that there is
safe help. We think we have laws that allow us to protect the babies."