OMAHA — 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 potentially permits the abandonment of anyone younger than 19.
Although lawmakers might 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. But instead of following other states, which focus on newborns, lawmakers 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 state 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 whether that child is an infant or 3 years old or in the care of a parent or babysitter. As for what constitutes a minor, he refers to common law, which interprets it to be anyone younger than 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.
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.
