NH’s Children Deserve Caylee’s Law

Not since the O.J Simpson trial has there been such public outcry to a jury’s verdict as we witnessed in the case of Casey Anthony’s acquittal of murder charges in the death of her 3-year old daughter Caylee. Despite the fact that she failed to report her child missing for 31 days, lied to police during the investigation; and despite critical forensic evidence presented to a Florida jury, Anthony was found guilty of four counts of lying to police, but was acquitted of first degree murder charges.

Had Florida law made it a felony for failure to report a child missing within a reasonable time period, it could have provided a prosecutorial backstop. Anthony did not deny she failed to meet such an obligation, something most Americans find to be unconscionable. Had the jury been able to render a verdict on such a charge, today she would be a convicted, incarcerated felon.

Following the verdict, legislators nationwide immediately began receiving thousands of e-mails from constituents demanding mandatory reporting of a missing child and handing out appropriate penalties for failure to do so.

As members of House Republican leadership, we intend to ask the House Rules Committee to permit the late drafting of legislation that tentatively makes it a felony for failure to report a child 12 or under who has been missing for 72 hours. It is important that we provide a reasonable amount of time for responsible parents to act without facing charges.

Our approach to “Caylee’s Law” will be different than other states. For example, we would suggest that it be considered a lesser or secondary offense should a parent or guardian be charged with a separate offense.

It is a significant problem when state law does not clearly ensure mandatory reporting of children, known to be missing, by parents, legal guardians, or caretakers. As legislators we need to examine the full ramifications of any proposed law, and not simply react to public backlash over a specific incident. Several questions must be examined: Is there a need? What are the unintended consequences and are they preventable? Is it good public policy?

Let’s examine these points. Until the Anthony jury rendered its verdict, the need was not apparent. Otherwise, one would presume, the law would already exist. There are laws concerning child neglect and reckless endangerment but should the circumstances of a missing child intentionally not being reported receive special legislative consideration? Consider that in the abduction of a child, law enforcement has recognized that every minute is precious and life or death may hang in the balance. Also, in the Anthony case, the time between the child’s disappearance and the discovery of her body prevented a conclusive determination in the cause of death and led, in part, to her acquittal. Therefore, there is a need and the penalty should be commensurate with the offense.

Family relationships are complex and there will be several scenarios to be considered and worked through. The New Hampshire Legislature is in recess until January, but several states whose legislatures remain in session will have already addressed many issues in this area of law and we will benefit from their experiences. We intend to work on crafting well-vetted legislation that reasonably, clearly and without question defines who is liable and when the liability period begins, to ensure that there are no unintended consequences of this law.

We are already working with the Attorney General’s office to look at state laws to assess what holes exist in current laws dealing with protecting our children, and what remedy may be required.

Most of us cannot conceive of a parent totally abandoning a child in its most extreme time of need. But in those sad circumstances our society must stand up for its children even if the parent will not. Compulsion should be a last resort but is necessary in these circumstances.

Critics are quick to point out that laws associated with an emotional response to a specific event results in poor legislation. However, they are prejudging in the same manner in which they are condemning. They are presupposing that the analysis and forethought necessary to produce good legislation will be neglected in a rush to meet the public outcry. Granite Staters should trust the Yankee common-sense of the New Hampshire Legislature to provide a competent, well-vetted law necessary to protect and give justice to our children.

The House Republican agenda set forth last January addressed several critically important issues regarding personal rights and social responsibilities. While we could never have anticipated the Casey Anthony verdict, “Caylee’s Law” is consistent with our mission.  We will always work hard to pass responsible legislation that does everything possible to protect our children.

D.J. Bettencourt (R-Salem), NH House Majority Leader

John Tholl (R-Whitefield), NH House Assistant Republican Whip and Police Chief of Dalton, NH.

Andy Renzullo (R-Hudson), Chairman of House Resources, Recreation, and Development Committee.