Editorial

Let's hope safe-have law enacted

Thursday, January 17, 2008

The Nebraska Legislature seems poised to enact a law to decriminalize the act of leaving a baby in a safe place.

Like most laws, it is likely to be a compromise that leaves both sides slightly disappointed.

But the main purpose, saving the lives of newborns, should be achieved.

LB157, which would allow parents to leave a child at a hospital or other safe haven without prosecution, was advanced by the Unicameral on Wednesday.

That was only possible because the principle opponent, Sen. Ernie Chambers of Omaha, succeeded in having language stripping a mother's parental rights to the child if she didn't reclaim the baby within 48 hours.

"If there has been any abuse of any kind, that will be handled just as it is now, but the mere act of delivering a child will not be considered abandonment or criminalized," said Chambers, who promised to work with supporters of the safe haven bill.

Babies left in a safe haven may be harder to adopt under the compromise, since parental rights won't automatically be terminated two days after the baby is found. Each case would be handled on an individual basis by Health and Human Services workers and other advocates as it works its way through the judicial system.

There were three cases of Nebraska mothers who abandoned newborns in 2007; two left at haspitals and another found behind a trash bin in Omaha.

In at least one of the cases, the mother was under the mistaken idea that Nebraska had a safe haven law.

That's not very many children, but the loss of even one abandoned baby is too many.

Nebraska and Alaska are the only states that don't have a safe haven law. We hope lawmakers work out their differences this time, leaving only Alaska out in the cold.

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