Adoption Issues - There Is No "Safe Haven"

Back in 2001, California enacted it's version of the "Safe Haven" law, which has been put into place in almost all 50 states. It was implemented in order to allow women who couldn't parent for whatever reason, and presumably couldn't tell anyone, to place their children in a safe place at a police or fire station or hospital, with no questions asked. While at least 331 babies (according to the California Department of Social Services) have been saved by this law, countless others have died even with it in place. The question begs..."Why would anyone abandon or put their child in a trash dumpster when the obvious solution is so available?". This week, in Redondo Beach, California, a young lady age 24 who was attending a party excused herself to a bedroom because she felt "uncomfortable". A few hours later, she left to go home. She left behind her 6 lb. newborn daughter outside in a trash barrel - an ordinary trash receptacle awaiting pick up at the street. This was done just blocks from a local fire station, where she could have placed the baby and sounded a bell so that someone would come and get her and keep her safe.

I think we all want to know the answers. It's hard to imagine giving birth in a bedroom while people are partying in a home and not being noticed or notifying anyone. It's hard to imagine going through that without asking for help. While the mother states that she had no idea she was pregnant, when she finally figured out she was having a baby, wouldn't she want some assistance? An ambulance? A Hospital? Not if she planned to dispose of her baby. It seems far-fetched that with such elaborate planning, she didn't know what she was doing or that she was pregnant. While Post Traumatic Stress Disorder has been mentioned as a cause for this behavior, I find it difficult to accept. The more in shock a person is, the more they need help making decisions. They don't plot and plan when they are in shock.

Jessica Canfield was booked for investigation of murder after it was determined that she gave birth to the infant girl who was found under trash in a container that was too heavy for the garbage truck to lift. As a result, sanitation workers got out to investigate and found the infant. I'm not sure it will ever be possible to understand the reasons behind the actions of Jessica and others like her. Despite laws put in place to protect infants and shield reluctant mothers from judgment, scrutiny, or even discovery, we are still finding infants in trash cans. I wonder how many have gone undiscovered?

Safe-Haven Laws and the Nebraska Debacle

Recently, in an effort to make it easier for women who have experienced unplanned pregnancy to safely surrender a child, and perhaps reduce the number of abandoned babies left to die in dumpsters or on doorsteps, Nebraska passed a Safe-Haven law. 48 states and Puerto Rico have already adopted these Safe-Haven laws, an incentive for overwhelmed parents to leave their newborns at a hospital, police or fire station, or another designated safe place. Typically, the laws designate that an infant up to one month old may be surrendered this way without repercussions to the parents.

Nebraska lawmakers apparently didn't review the fine print in these existing laws before enacting their own "safe-haven" guidelines. The Nebraska law provided safe-haven for any child under the age of 19, rather than specifying infants. A total of 26 older children have been left at Nebraska hospitals since July. Obviously those Nebraska lawmakers are either too young or too old to have teens at home. Any of us who have shared a domicile with a 14-year-old would know better! I don't think I've met the parent of a teenager who hasn't thought (perhaps just for an instant) about abdicating their parental responsibilities a time or two. Teenagers can be a challenge. In Nebraska, this little oversight in the wording of the law has caused a fair amount of chaos as teen after teen is "dropped off" for safekeeping at hospitals. The very law that was intended to keep parents from abandoning their babies, is causing them to abandon their teens.

In one case, a man left nine of his children at a hospital in Omaha. The Department of Health and Human Services officials stated they wouldn't take any children older than age 17. That leaves some of those abandoned in limbo. Where should they go? The Nebraska Legislature has called a special session to tackle the issue on November 14, at which time a bill will be introduced establishing a 3-day-old age limit. When will they learn? Isn't that going from one extreme to another? At 3 days of age, an infant has likely just been discharged from the hospital. The parent(s) won't feel overwhelmed by caring for that infant for a few days or weeks. Why not establish a 6 month limitation? Throwing the baby out with the bath water is not the solution!

Particularly if you live in Nebraska, but even if you don't, if you feel that 72 hours is too short a period of time for a parent to feel overwhelmed and choose to surrender her child, please e-mail the author of bill LB 157 as soon as possible. Please urge 3-6 months at least as a reasonable cut-off time frame. Safe-Haven laws are absolutely necessary and will save lives, however, this one is threatening to defeat it's own purpose a second time. I have already written an e-mail to Senator Arnie Stuthman at 'astuthman@leg.ne.gov'. Please join me in letting him know that while his intentions are good, this time limit is not. It is, perhaps, wise to let the other legislators in Nebraska know this as well so that they can respond appropriately to this urgent issue. These babies deserve our help.

And by the way, inevitably obnoxious teenagers all started out as those adorable babies! Be careful what you wish for! There's a "no return" policy!