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Heineman urges changes in safe haven law

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By The Associated Press

Thursday, Sep 18, 2008 - 09:20:44 am CDT

Gov. Dave Heineman says recent decisions by parents to drop a teen and an 11-year-old off at hospitals should prompt changes in Nebraska’s new safe haven law.

Heineman told Lincoln’s KLIN radio on Thursday morning that Saturday’s drop-offs of an 11-year-old boy at an Omaha hospital and a 15-year-old boy at a Lincoln hospital are the type of acts lawmakers said wouldn’t happen when they passed the bill.

Heineman signed the bill into law this year. It went into effect in July.

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Gov. Dave Heineman

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The story so far: Safe haven law

Nebraska's safe haven law, which went into effect in July 2008, is broader than most and allows a parent to leave an infant or child at a hospital wit...

The law allows anyone to leave a child at any state-licensed hospital without fear of prosecution. The law was intended to protect infants. In a compromise, the measure was expanded to include the word “child” but didn’t define the word.


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Fine Print wrote on September 18, 2008 9:42 am:
" Then why did you sign? Oh, there must have been a chance to be in front of a camera. "

I agree wrote on September 18, 2008 9:53 am:
" Dropping off an 11 or 15 year old is a joke. Sounds to me like the parents are taking the easy way out. This is such a disgrace, and the law should be changed. "

CS wrote on September 18, 2008 10:23 am:
" The word child is already defined elsewhere-in NE its anyone under 19. I think that changes to the law (and others) should be frozen-this is all stuff that should have been dealt with before it passed. Now you can deal with what you wrote-I fear for the legislature with all the new blood coming in. If you can't even read the bills before voting them in, how can we trust you to do anything right? "

rumble grumble gurgle roar wrote on September 18, 2008 10:32 am:
" so what u r trying to say Gov. Dave is that these kids would have been better off with parents who don't have the ability to deal with them? you would rather have a child suffer and flounder rather than find a stable, supporting environment for them to grow up in? Nice to see you actually take a stance on something - though you are on the wrong side here. "

Hmmm wrote on September 18, 2008 10:33 am:
" Govenor Heineman why did you sign this bill knowing there was an issue regarding the age already voiced by lawmakers? Frankly, I'm disgusted by the recent incident involving both teenagers. Our nation has become a society looking for a quick fix without thinking about the consequences or simply willing to take responsibility for ones action. While I understand the concept and the intent behind the safe haven law it simply comes down people taking responsibility for their actions. Our nation has become tolerant of excuses thus we make exceptions by passing laws instead of holding people accountable. If people need assitance, then we as a society should help, but passing a law allowing a person to rid themselves of a problem without consequences is a major moral problem that affects everyone! "

... wrote on September 18, 2008 10:38 am:
" How could anybody not see this coming??? The law was very open when it should have been more detailed and restricted. I understand those two children in particular have behavioral issues, but so does a ton of other tweens and teens. I think it would be in the state's best interest to clarify what ages of children are to be dropped at Safe Haven locations. "

Wondering wrote on September 18, 2008 10:43 am:
" Why is it so bad that these kids were left? Isn't it better to have them out of a what we must assume is a bad situation. I think we can all agree foster care is not ideal but these kids will be fed and and hopefully be in safer environment. "

huskerbob wrote on September 18, 2008 10:45 am:
" So where do we stop on this slippery slope? Would we rather these children remain in the home and possibily be subjected to physical or mental abuse? "

Change the Governor wrote on September 18, 2008 10:56 am:
" I urge a change in the governor. He must have checked a poll this morning so he could see what his position was. The law is fine Dave. Now get your act together with the Regional Centers and BDCC rather than feeding us red herrings! "

Kathie wrote on September 18, 2008 11:13 am:
" I gotta agree with Governor Dave on this one...this law was intended to protect unwanted infants...not to give every parent or guardian the ability to shrug off their responsibilities when life gets a little tough. Not to mention that if people do start dropping off teenagers in droves, our foster care system could collapse from the overload. "

rs wrote on September 18, 2008 12:02 pm:
" I am so glad I hope it does get changed "

Protect All Children wrote on September 18, 2008 12:11 pm:
" So now everyone only wants to protect cute, little babies. What about older kids who aren't wanted by their parents? Who cares, right? They're not as cute or little, so we won't worry about protecting them.
I wish the Governor had more facts correct - it was not a parent that dropped off the teen in Lincoln - it was his AUNT, who has NO legal obligation to provide for him. Plus, she explored numerous other options and safe haven was a last resort.
Finally, just because a parent can't be charged with criminal abandonment for dropping the kid off does not mean they can't be charged for the neglect that must have occurred to reach this point. "

sue wrote on September 18, 2008 12:16 pm:
" Perhaps the LAWmakers should consult more with those agencies those laws will really affect. "

Please wrote on September 18, 2008 12:17 pm:
" Someone please explain the difference TO the unwanted teen that the law does not care if someone can not care for them and is willing to admit it. Its time we all stood up for children, PERIOD. Tell me why the unwanted teen is at no more risk of harm or death then the infant. Come on Dave, you signed it, didn't you read this? DEAL with what you have put into law. "

DownEducated wrote on September 18, 2008 12:31 pm:
" All Nebraska lawmakers want to do is make laws instead of uphold the ones already set forth and then they can’ t even do it right the first time (let’s defy the federal mandates on capital punishment so we can waste time and money and let a convicted killer’s sentence by nullified). Here’s an idea; realize that you are surrounded by other states (yes, the world does not end at the borders) with similar laws, discuss what the pros and cons are with those laws, and go ahead and adopt the same or similar law. Or would that lose the partisan bickering needed to run a successful campaign? "

Anne wrote on September 18, 2008 12:33 pm:
" Why would any state discriminate against a person in need, regardless of de? As demographics in the nation, and Nebraska change, we might need protection provided by alaw to cover...even geriatric drop offs. The governor pandered to the public without really knowing why "safe haven" immunity is a moral statement about letting people in complicated situations deal with them in a humane manner. The law is a good one, as a community we need to support alternatives like this, not governors who would set greed ahead of compassion. Christian duty ahead of Republican convictions. "

What about the kids wrote on September 18, 2008 12:47 pm:
" I just feel bad for this kids that were left. I hope they get the help they need and the "parents" do as well. Too many people can produce a child but not enough people can be parents. "

anonymous wrote on September 18, 2008 12:51 pm:
" I honestly think the state offers better care for those having behaviorial issues than any private insurance or someone living paycheck to paycheck can offer. If them dropping off their children to let the state take care of them instead of knowing for sure they would wind up in jail or dead is something that is saying this law needs changed, I think it is best left alone. Give these kids a better chance then they had a home so hopefully they can become productive citizens when they get out on their own. I fully applaud the safe haven law applying to all ages of children...lets remember they are still children. "

Well well well wrote on September 18, 2008 1:56 pm:
" If only parent who need help with their unruly children had better access to the kind of help their children needed. Then maybe they wouldn't be so tempted to just dump the poor kids off on the state. "

This wrote on September 18, 2008 2:00 pm:
" Is exactly type of bill you get when you get a bunch of neo-cons reacting to something. A blind person could have told you that something like this was going to happen. There were dozens of letters to the editor citing that this would happen yet the legislature and the gov didn't listen.

I'm waiting for them to put the blame on this bad bill on the back of the Dems or Ernie. The repubs, who control the legislature even though it is supposed to be non-partisan refuse to take the blame for anything bad that they pass. "

Juan wrote on September 18, 2008 2:18 pm:
" And a great hue and cry arose from the comments in the Journal Star, and he who reacts to all manner of things said I should also react to this. And thus it was so. (not exactly the leadership on the issue Nebraska has a right to expect but it was a reaction to the hue and cry -- too bad it has to get to that level) "

A PARENT WHO KNOWS... wrote on September 18, 2008 2:20 pm:
" Until you walk in a parents shoes who has a child(ren) with behavioral issues you have NO right to judge these women. The state of Nebraska has very little "GOOD" help for children with mental issues. Even when you carry good insurance the help that is out there is a JOKE. I approached several progams and practically BEGGED for help with my child. The one thing I heard most of all was appalling. "is this child a state ward?" or is this child on "medicaid" when the answer was NO but I have insurance. "I'm sorry but we don't take private insurance." ARE YOU KIDDING ME???? So in other words, unless you make your child a state ward (this is very hard to do as well) you have very few choices available. Even then the care that is available to our children in Nebraska is a joke. I can understand where these parents are coming from. sometimes it doesn't matter what you do, what you say, or how you help your child. If they have "issues" It can sometimes get out of control and you LOSE what little control you had. Trust me, I might have thought about doing the same thing a couple of years ago with my child. Again, you have NO idea what these women are dealing with until you "live a day in their situation" Please DON'T judge them. I am a middle class person. My husband and I go to work everyday, we have family time with our children, we eat dinner together every night and we make sure home work is done as soon as our children walk in the door from school. I think we are pretty good parents. We may not be the "PERFECT" parents, but I can tell you that we work hard to teach our children the right road to travel. whether or not they travel it is their choice.

I will pray for these children and the guardians. I don't know their whole story and I am sure most of you don't either so what gives you the right to judge them??????? "

JB wrote on September 18, 2008 2:25 pm:
" First, for those of you blaming the parents/guardians for dropping them off, how do you know that they didn't try to receive medical/psychiatric help but do to lack of funds had no where else to turn. Second, we were the very last state in the nation to get a safe haven law, how could the lawmakers not get it correct. They had 49 other states laws to look at and try to get it correct. "

T-Limits wrote on September 18, 2008 2:43 pm:
" This is what term limits gets you! Look for more laws like this. "

to this wrote on September 18, 2008 2:49 pm:
" It actually was Ernie that pushed for the change of verbiage that made the law cover all "children" as compared to just infants. "

To Kathie wrote on September 18, 2008 3:03 pm:
" To Kathie and everyone else who thinks Governor H. is correct, I would suggest you read the history of the law and the legislative debate on this matter (all public documents) before commenting further. The law when written contained language specifically focusing the intent of the law on infants, but Senator Chambers was able to get it changed to the apply to children. The issues that came up recently were specifically discussed on the floor and the law was still passed. What scares me the most is that we have a Governor that will speak on issues that he should have first hand knowledge of (he signed the bill), but often times will misrepresent what actually happened on the floor or have no clue whatsoever. And if you think Governor H doesn't have a strong presence on the floor, you are sorely mistaken because we have Senators that act as the Governor's "yes men" (Senator Gay) on the floor. The point is that this very issue was contemplated by the Legislature but the bill still passed on Final Reading and still got signed by Gov. H, and now, two months after is became effective, the Governor wants to change it. This is why people scoff at our current public officials....and don't even get me started about our AG in abstentia, Jon Bruning. RESEARCH AND READ BEFORE YOU SPEAK!!!! (That goes to you as well Governor Heineman) "

Darren wrote on September 18, 2008 4:39 pm:
" "Govenor Dave, leading from the rear." I wonder how many people out there now wish they could get their vote for govenor changed as well. "

JpS wrote on September 18, 2008 8:24 pm:
" Good ole Gov Dave made another mistake!!

I wonder who he will blame this mistake on?

That always has and will always be his management style "blame others." "

Infants or children or wrote on September 19, 2008 5:12 am:
" Kathie and others on here need to explain to me at what age a childs value and need to be protected diminishes. Does a child become less worthy of our concern at age 1, 2, 3, 4....10, 11, 12...? A minor is a minor in my book. The law works. If you don't think 11 year olds and 15 years olds should fend for themselves when their guardians can't or won't care for them, then what needs to be changed is something inside of you.
The governor is wrong and playing politics with the welfare of minors. Another mark of shame on him. "

parent of 2 wrote on September 19, 2008 8:53 am:
" Looks like possibly this law was needed as early as 15 years ago!!! I think all parents should have the ability to drop their kids off and walk away from their 'troubles'. The sad fact is that some parents view their children as 'troubles'. BUT, I think everyone reading this post would agree that they would rather be faced with the appauling idea that a parent would abandon a 15 year old child at a hospital, than to be reading about a parent who was so conflicted about their children that they beat, neglected, abused, or even killed their children over their own inability to handle life's situations.

We can not afford to change the wording of this law. It's obvious that if a parent is so disturbed that they would take this option, they are ABSOLUTELY too disturbed to be expected to continue to care for a child. What we don't know about the parents of these children is what we are assuming here. I don't know as if the words "responsibility" can even be applied to these parents, you have to have a concept of being responsible before you can be responsible. Maybe the first act of their 'responsibilities' was to drop these kids off so that the children might have a chance at a life better than what these parents knew they could provide. And if it was a selfish choice, maybe these children are better off facing that grim reality.

Don't get me wrong, I am just as appauled over this being done. HOWEVER, I would rather the state got something right by doing something wrong initially. Perhaps we as a society can get something right and advocate adoption for those mothers to be and fathers to be which we know would struggle in caring for their expected children - rather than just write them and thier children off as 'lost' in society. I know of too many people who are 'arm chair' parents and sound off about how they knew that certain people wouldn't raise thier children with good sound morals, or raise their children in a way that would both contribute to society and show their children that they are expected to contribute to their society. We need to be a pro-active society, not a reactive society. Let me ask everyone posting on here if they are prepared to confront any member of their society about the expectations they have regarding others' actions. Let it be known to all that parent of 2 expects that we teach our children - through action and words - that we are to know the difference between right and wrong and that we must always do what's right first by the law, and secondly by whatever belief system we may adopt. "

why wrote on September 19, 2008 9:31 am:
" Just because 2 children were left at a hospital we are going to change the law?? This might have been a good thing for these children, if the situation at home was not a positive one. I am a foster parent and I realize that situations are not always good for children. This could possibly help and maybe the situation they were in can be resolved if the parents/guardians get some help through the DHHS. Don't you think this is better than neglect, abuse or worse?? I think we are jumping the gun here with 2 children brought to a hospital. Now if it was 20 then we might want to rethink this. I feel this will not be abused by teenage parents. (Of course I could be wrong) but I think changing the law so soon is not a good thing. I think this was beneficial for these children and maybe through the dept of social services they may get the help they need to return home......or go to a foster home where they can receive the love and care they are craving. "

Carol wrote on September 19, 2008 9:42 am:
" Taking "the easy way out" is better than staying in a bad/dangerous situation if that person isn't able to take the "hard road." You can't punish someone with the responsibility of a child, it just doesn't solve any problems "

Tara wrote on September 19, 2008 9:46 am:
" We didn't have a Safe Haven law when these 2 children were born, so their parents, who may have realized they couldn't care for the children then, didn't have the option to do this for their children when they were infants. Kudos for taking initiative now to get these children the help they need. "

Kristine wrote on September 19, 2008 10:00 am:
" I don't think people realize that the resources just aren't THERE for kids/teenagers. Very few people want to be foster parents, and a lot of people probably shouldn't be--and the state doesn't value this sort of social service, therefore, they don't compensate accordingly. Group homes are full with huge waiting lists, and the bigger facilities for teens and 'older children' face the same issue. I don't think people understand this--nobody wants these kids, and there's nowhere to put them, so this is an even BIGGER problem than the average person realizes. "

Enough Already wrote on September 19, 2008 12:49 pm:
" You cannot just assume that the parents/guardians were irresponsible. It may make you feel like a better parent, but it simply means that you have never dealt with such a situation. It's not like most of you are going to step up and offer to take these kids in. Until you've dealt with a difficult child, or had circumstances that prevented you from taking care of a child, you just don't know. "