There is a custom in Minnesota-and I'm not sure to what extent it exists elsewhere-but here and there, roadside memorials materialize that obviously mark the spot of a fatal accident. Sometimes they are in the form of a cross, or sometimes they consist of a small collection of artificial flowers. Occasionally there is a small sign with a name.

While I have no trouble understanding the motivation of loved ones in honoring their deceased, I've often wondered whether this ritual is a good idea. When I'm driving along, my eyes are distracted to the highway memorial, and immediately I think of loss and tragedy. In actual practice, what this means is that to look at the display, my emotions are captured. Most troubling, though, is that I take my eyes off the road momentarily.

One argument in favor of these memorials may be that they remind drivers of dangers that exist and encourage them to slow down. But I believe it's more likely that they introduce a hazard and an "unintended consequence." If the survivor were asked, "would you still memorialize your loved one here if you knew that it produced a distracted driver for a few moments." I suspect that given that question to contemplate, the survivor might make another choice.

There is some new legislation in Nebraska that seems to be producing an unintended consequence. Recently, the Nebraska Legislature passed and enacted a new rule called a "Safe Haven" law. Safe Haven refers to a policy whereby a parent can relinquish a child lawfully-no questions asked-if the child is surrendered to legally-specified officials. Most often, the acceptable drop-off point is at a hospital. If the child is given-up in this manner, the parent is protected from criminal prosecution.

Nebraska is one of the last states to establish a Safe Haven law, meaning that this policy exists in some form throughout the U.S. The primary goal of this law is to provide a route for new parents-unable or unwilling to act in a parenting role-to give up a newborn to the state. Legislators are hoping that Safe Haven laws will serve as a preventive measure to infanticide.

When Nebraska instituted this legislation, however, it provided permission for a parent to surrender a child of any age up to adulthood. What is happening is that older children and even teenagers are being dropped off. In one case, a sibling group of nine children was handed over. See this article for more information:

According to the following article from CBS, the Nebraska legislature will consider amending the policy in an upcoming session. It has become clear, in legislators' eyes, that this law is producing an unintended consequence. They want newborns, not older children.

I have no knowledge of this issue beyond that of a family professional observing this development from another state. I suggest, however, that in debating an amendment to this legislation, lawmakers across the nation (not just Nebraska) consider a few questions: Why do we just want newborns? What about a toddler? What about a 4^th grader? If the law is changed to accept only infants, I wonder if there may be another unintended consequence-might older children and teenagers otherwise be confined to an injurious childhood in a home where they are not wanted? Will a teenager be turned-out to the streets as the only alternative? Admittedly, for children who are old enough to understand that they are being dropped-off for good, it would be a devastating event. However, might their current lives be just as devastating or worse in the custody of an unwilling or abusive parent?

Nebraska-there may have been a lot of wisdom in your first decision. I hope policymakers think through any potential changes carefully. Infants are easy to place. But what is the intent? Satisfying the demand for easily-adoptable children? The convenience of the human services system? Or is it child well-being?

The road of childhood, as defined in the U.S., is an 18 year trip. I hope policymakers work hard to ensure that no "roadside memorials" appear for kids of any age.

Update: According to a November 11, 2008 article in the Minneapolis Star-Tribune, the Nebraska legislature has amended their Safe Haven legislation