Part of the mission of safe haven shelters is to provide women and their children with advocacy, safety, and a space to heal, but are laws designed to help children doing more harm than good? On July 18, 2008 Nebraska instituted a safe haven law that decriminalized abandoning children at a state hospital. Although the law was meant to protect unwanted newborns, it failed to define an age limit and has resulted in the abandonment of more than 30 children, none of whom were infants (Ball, 2008). Nebraska is actually the last of the 50 states to pass a safe haven law; however, it is the first to impose such a law without age restrictions.
A controversial example of child abandonment in Nebraska is included in the article below. A father decided to abandon his nine children, ages 1 to 17, after suffering from the loss of his wife. The family of the man has argued that, if the safe haven law did not exist, the father may have turned to his family members instead (Inbar, 2008). Many have argued that the Nebraska law is too broad, while others claim that it is important to provide for all minor children and not just infants.
Becoming a parent is not a decision that should be made lightly. Having a child is a lifetime commit to caring for that child. A child is a human being, not a pet that can be returned to the pound if it begins to behave poorly or you become tired of providing care for it. While I strongly support laws that include provisions for the safety of children, I also think it is extremely important for parents to consider the huge responsibilities involved in parenting and to consider alternatives before abandoning their children.
Ball, K. (2008). Defending Nebraska’s child-abandonment law. Retrieved from http://www.time.com/time/nation/article/0,8599,1859951,00.html
Inbar, M. (2008). Should dad have been allowed to leave nine kids. Retrieved from http://www.msnbc.msn.com/id/26988869/
Ball, K. (2008). Defending Nebraska’s child-abandonment law. Retrieved from http://www.time.com/time/nation/article/0,8599,1859951,00.html
Inbar, M. (2008). Should dad have been allowed to leave nine kids. Retrieved from http://www.msnbc.msn.com/id/26988869/
Does Safe Haven Law Help or Hurt?
In late September, Nebraskan Gary Staton decided he’d had enough. Rather than ask relatives for help, he drove his nine underaged children to a hospital and left them there. Staton could do this without legal repercussions because Nebraska has a law allowing parents of minor children to abandon those children in safe places such as a hospital or fire station with no questions asked.
Staton’s life began to fall apart when his wife died from a brain aneurysm soon after giving birth to the couple’s 10th child. According to MSNBC and other news outlets, he was unemployed and struggled with bills.
His eldest daughter, 18-year-old Amoria Micek told WOWT-TV in Omaha that “he felt like he couldn’t provide for them and rather than having the kids homeless or without utilities, he decided he would take up on the safe haven act.” Amoria, who was not abandoned, said she speaks with her father daily.
The Staton children joined six teenagers who were also abandoned in Nebraska last month under the state’s safe haven law, reports the New York Times.
All 50 states — though not the District of Columbia — have safe haven laws that are designed to save babies from being left to die in dumpsters or elsewhere. The first safe haven law was enacted in Texas in 1999. The National Safe Haven Alliance reports uncertainty about the exact number of children abandoned under the laws, but estimates the number at more than 2,000, according to the New York Times. In 2003, a report by the Evan B. Donaldson Adoption Institute, cautioned that safe haven laws were causing more problems by encouraging women to conceal pregnancies and abandon babies rather than receive counseling and by undermining child welfare practices.
But child welfare practices themselves have come under scrutiny. In the Washington area, children in two families that have had some interaction with child welfare agencies have been found dead. In one, two girls were found dead in their adopted mother’s freezer, and in the other, Banita Jacks is accused of killing her four children.
Do you think Nebraska’s safe haven law is a model for other states or too broad? And what help should we and can we provide to families in need?
By Stacey Garfinkle | October 6, 2008; 7:00 AM ET
Garfinkle, S. (2008). Does safe haven law help or hurt. Retrieved from http://voices.washingtonpost.com/parenting/2008/10/safe_haven_laws.html