Neb. Lawmakers: “Safe-Haven” Law Needs Immediate Rectification

By Anna Boyd
15:03, September 29th 2008
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Neb. Lawmakers: “Safe-Haven” Law Needs Immediate Rectification

Trying to protect children from being hurt, Nebraska lawmakers made the “safe-haven” law, which took effect in July allowing caregivers to abandon babies and teenagers alike at hospitals without fear of prosecution. It seems that the law was wrongly understood considering the high number of babies abandoned since July. To be more specific, at least 16 children, some of them teenagers, have been abandoned. Therefore, the law needs to be modified, Nebraska lawmakers said, and it needs to be modified now until further cases of abandonment occur.

For now the “safe-haven” law permits parents to hand over their children to state-certified medical centers. Even though it aimed at protecting infants, the legal measure’s language was amended to contain the word “child,” which was left undefined. Therefore, many interpreted the law as referring to all minors, thus including all children under the age of 19.

This was also the case of Gary Staton who decided last Wednesday to leave his nine children (five boys and four girls) aged 1 to 17 at Creighton University Medical Center’s emergency room saying they are too much for him to raise. Staton is currently unemployed. His wife died early last year after giving birth to their youngest child.

“I was with her for 17 years, and then she was gone. What was I going to do? We raised them together. I didn’t think I could do it alone. I fell apart. I couldn’t take care of them” Staton motivated his decision to abandon the children. He did not ask his relatives for help.

The four oldest of the nine siblings were placed together in an emergency shelter and the others in a foster home, Todd Landry of Nebraska's Department of Health and Human Services said.

Two other boys ages 11 and 15 were also surrendered at Immanuel Medical Center on the same day. Last week, a 13-year old girl was abandoned at a hospital.

“This was never the intent of the bill,” said Republican state Sen. Arnie Stuthman who introduced legislation that was the basis for the law, adding that the law needs to be fixed right away.

Other US states have “safe-haven-laws,” but they apply only to infant less than 1 year old. The purpose of safe haven laws is to ensure that relinquished infants are left with persons who can provide the immediate care needed for their safety and well-being. The safe haven provider is required to accept emergency protective custody of the infant and to provide any immediate medical care that the infant may require.

However, some parents forget about their obligations as parents and want to get rid of their children no matter what. And the Nebraska law offered them the chance to do it. According to Landry, child behavioural problems not family financial woes appeared to have played an essential role in the earlier cases of abandonment registered since July. But “it is the job of a parent to be a parent,” Landry said, adding that parents facing problems in raising their kids can turn to help if needed.



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