Nebraska law allows abandonment of teens

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OMAHA, Neb. - Nebraska’s new “safe-haven” law allowing parents to abandon unwanted children at hospitals with no questions asked is unique in a significant way: It goes beyond babies and potentially permits the abandonment of anyone under 19.

While lawmakers may not have intended it, the month-old law raises the possibility that frustrated parents could drop off misbehaving teens or even severely disabled older children with impunity.

“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,”’ said Adam Pertman, executive director of a New York adoption institute and a frequent critic of safe-haven laws.

Nebraska’s approach is surprising because it is the last state in the nation to adopt a safe-haven law.

State's law covers all minors
But instead of following the lead of other states, which focus on the abandonment of newborns, lawmakers here wanted to extend the protection to all minors. And in Nebraska, that goes all the way up to age 19.

“All children deserve our protection,” said Sen. Tom White, who helped broaden the measure. “If we save one child from being abused, it’s well, well worth it.”

White said it doesn’t matter if that child is an infant or 3 years old or in the care of a parent or baby sitter. As for what constitutes a minor, he refers to common law, which interprets it to be anyone under age 14.

State Sen. Arnie Stuthman, who introduced the original bill dealing only with infants, agreed to the compromise after the bill became stalled in debate.

“The main interest I have is that it gives the mother or a parent another option of what to do with a child before they do something drastic,” he said.

The measure, which took effect July 18, does not absolve people of possible criminal charges — for example, if a child had been beaten.

And since the law does not specify, it technically allows anyone, not just a parent, to legally surrender custody. Most other states narrowly define the role of the person surrendering the child.

Some hospitals have fielded questions from the public about the law, but no children have been dropped off.

“I hope there never is one,” Stuthman said.

Vocal critics of "safe-haven" law
Pertman, who directs the New York-based Evan B. Donaldson Adoption Institute, said his research going back several years shows safe-haven laws are not accomplishing what they intended. Women who are distressed enough to want to abandon their children are not the ones reading billboards or getting the message about these laws, he said.

Pertman finds Nebraska’s law particularly alarming because it is not focused on infants and parents.

Casting such a wide net “circumvents every rational practice in child welfare that I’m aware of,” he said. “That’s as nicely as I can put it.”

California, for example, allows parents to legally abandon a child at a hospital or other designated safe zones within 72 hours of birth.

The brevity of the law could trigger litigation over its meaning, said Jonathan Turley, a George Washington University law professor.

“This law is obviously written in almost skeletal form,” he said. “Drafters will sometimes try to say as little as possible so they don’t create ambiguity, but drafters here succeeded in writing the law in such a limited fashion that the entire provision is ambiguous.”

Nebraska lawmakers acknowledge the courts will have to sort out the details, and they have said they are open to revisiting the legislation if necessary.

The Nebraska Hospital Association has been working to help its 85 member hospitals statewide establish procedures for dealing with abandonment cases.

Sen. Ernie Chambers, who voted against the law, said he would prefer to address the reasons that parents abandon their children rather than offer them safe haven.

“I don’t think such laws are wise,” he said.

Kathy Bigsby Moore, executive director of the child advocacy group Voices for Children in Nebraska, said she also worries how the law might affect adoption rates.

“The sad thing is we have plenty of other mechanisms for people to use,” she said. “I’m not sure the safe-haven law is really going to help in a majority of cases.”

© 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Nebraska law allows abandonment of teens

What do you guys think?
 
It seems not good idea, I feel bad for teenagers who lose the home after kick out or drop out, don't matters if innocent or not, also it would make give for adoption rate goes up.

There's many ways that parent could get deal with teens, however every teen's behavior are varies based on hormone and personality.
 
I knew of one parent who wanted to give up her deaf 11 year old (not a student at my work) because the 11 year old didnt develop good enough oral skills for the family and relied on ASL more than spoken English. The family, according to that parent, didnt want to learn sign language. The child had been acting out at home and the family didnt know what do to with the child so they started investigating on their options for giving the child up. I was like OMG...that is HORRRIBLE!!!!

If there was a law like this in their state, I am sure this family would take advantage of it. SCARY!!!

I would love to adopt this deaf child myself. Poor kid.

This law is ridiculous! I like the California one better.
 
shel90 said:
I knew of one parent who wanted to give up her deaf 11 year old (not a student at my work) because the 11 year old didnt develop good enough oral skills for the family and relied on ASL more than spoken English. The family, according to that parent, didnt want to learn sign language. The child had been acting out at home and the family didnt know what do to with the child so they started investigating on their options for giving the child up. I was like OMG...that is HORRRIBLE!!!!

If there was a law like this in their state, I am sure this family would take advantage of it. SCARY!!!

I would love to adopt this deaf child myself. Poor kid.

This law is ridiculous! I like the California one better.
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Its kind of a double edged sword, isn't it? Is it better to leave a child like the one you described in a linguistically impoverished, neglectful home that is causing negative reactions in the child, or to have a law that would allow the parents to give the child up with the possibility of finding a more nuturing, loving, accommodating home that would allow the kid to develop to their full potential?
 
As a child raised in an abusive environment, I can certainly understand the reasons behind the law.

I'm a single mother...and I do my very best that I can with my two children. I work extremely hard at providing the best for them. But there are times after I put them to bed I wonder to myself how I am going to get through another day. I credit my strong spiritual beliefs and my inner strength for my accomplishments as a mother, and I can honestly say I've never abused any of my girls. But there are days that it becomes so hard, especially since my outside support is very weak. I have major trust issues, and I have a hard time using babysitters because of my past experiences in my childhood. However I can relate to the mothers who feel that they just don't have the physcial, mental, and emotional stagmia to keep going. Don't judge the parents.

I wish my parents left me somewhere instead of keeping me. However, many experts will say that abandonment is actually more harmful than abuse.
 
deafbajagal said:
As a child raised in an abusive environment, I can certainly understand the reasons behind the law.

I'm a single mother...and I do my very best that I can with my two children. I work extremely hard at providing the best for them. But there are times after I put them to bed I wonder to myself how I am going to get through another day. I credit my strong spiritual beliefs and my inner strength for my accomplishments as a mother, and I can honestly say I've never abused any of my girls. But there are days that it becomes so hard, especially since my outside support is very weak. I have major trust issues, and I have a hard time using babysitters because of my past experiences in my childhood. However I can relate to the mothers who feel that they just don't have the physcial, mental, and emotional stagmia to keep going. Don't judge the parents.

I wish my parents left me somewhere instead of keeping me. However, many experts will say that abandonment is actually more harmful than abuse.
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Many, but not most.

You have my admiration for overcoming your obstacles, deafbajagal!:hug:
 
My dad and his wife gave me up to the state when I was 13 years old. But, I am glad they did because it was a very abusive environment living with my dad and his wife. I felt abandoned still, though, but it was for the best.
 
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jillio said:
Its kind of a double edged sword, isn't it? Is it better to leave a child like the one you described in a linguistically impoverished, neglectful home that is causing negative reactions in the child, or to have a law that would allow the parents to give the child up with the possibility of finding a more nuturing, loving, accommodating home that would allow the kid to develop to their full potential?
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Yes and no...is the foster care system going to be any better for this child as you know that visual language is not readily available?

I just think it is horrible that the family wants to give the child up instead of trying to meet the child's deaf needs.

there is no win-win solution to this situation except for maybe a family who is fluent in sign language adopting this child.
 
shel90 said:
Yes and no...is the foster care system going to be any better for this child as you know that visual language is not readily available?

I just think it is horrible that the family wants to give the child up instead of trying to meet the child's deaf needs.

there is no win-win solution to this situation except for maybe a family who is fluent in sign language adopting this child.
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I've been in foster homes where the parents didn't sign, I've been in one foster home where the parents spoke Norwegian or something like that and knew very little English. I've also been in foster homes where parents were very fluent in ASL.
 
jillio said:
Its kind of a double edged sword, isn't it? Is it better to leave a child like the one you described in a linguistically impoverished, neglectful home that is causing negative reactions in the child, or to have a law that would allow the parents to give the child up with the possibility of finding a more nuturing, loving, accommodating home that would allow the kid to develop to their full potential?
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I agreed. it's indeed a double-edged sword. The child may feel abandoned and depressed but on the other hand.... at least the child will get what he/she wants. Tough call.... but I think this law is reasonable and provides a safe harbor for soon-to-be abandoned childs.
 
LuciaDisturbed said:
I've been in foster homes where the parents didn't sign, I've been in one foster home where the parents spoke Norwegian or something like that and knew very little English. I've also been in foster homes where parents were very fluent in ASL.
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Since u have experienced an abusive home and foster homes and u believe it is for the better for the children to be abandonded, then I will take your word for it as u are the one who has personally experienced it, not me.

I guess when I read the word "abandondment", it came across as too harsh or something.
 
jiro123 said:
what does it say? I'm curious.
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California, for example, allows parents to legally abandon a child at a hospital or other designated safe zones within 72 hours of birth.


This was taken from the orginal post...
 
shel90 said:
Since u have experienced an abusive home and foster homes and u believe it is for the better for the children to be abandonded, then I will take your word for it as u are the one who has personally experienced it, not me.

I guess when I read the word "abandondment", it came across as too harsh or something.
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It depends on the circumstances.
 
shel90 said:
Yes and no...is the foster care system going to be any better for this child as you know that visual language is not readily available?

I just think it is horrible that the family wants to give the child up instead of trying to meet the child's deaf needs.

there is no win-win solution to this situation except for maybe a family who is fluent in sign language adopting this child.
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I agree. It appears that this family is not willing to do anything to meet this child's needs, so that, to me, means the kid doesn't have a chance. A different family...may be willing to go a little farther than the birth family. Who knows?

A family fluent in sign would be the ideal situation.
 
Wow... I think the abandonment is quite painful and, possibly rejection.

This thread is a little remind me, it's little sort of Liz Murray's story...
 
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