Speaker Flood: majority of senators would alter safe haven law
By JoANNE YOUNG / Lincoln Journal Star
Speaker Mike Flood and Gov. Dave Heineman said Monday a majority of state senators agree Nebraska’s safe haven law should be amended to apply only to infants up to 3 days old.
But no special session likely will be called to change the law.
Instead, lawmakers will wait until the regular session begins Jan. 7 and will address the issue in its first three weeks, Flood said.
Nebraska’s law, the only one in the nation to allow children as old as 18 to be abandoned without prosecution, went into effect July 18. Since then, 18 children ranging in age from 20 months to 17 years have been dropped off in hospitals in Omaha and Lincoln.
Two of the children abandoned in the past two weeks were from outside Nebraska.
Officials have said none of the children were in immediate danger of being harmed when abandoned. Instead, struggling parents chose the option out of frustration with the children or to get needed mental health treatment for them.
One Omaha father abandoned his nine children because he said he feared the family would become homeless after his wife died.
Flood contacted almost every senator, he said, and 40 told him there would be good reasons to change the law to cover only infants up to 72 hours old.
By January, however, some of those senators may be gone. Fifteen are leaving office because of term limits. Another three are in close races in their districts.
In the five races in the Lincoln area, eight of 10 candidates said in a Journal Star candidate questionnaire they would amend the law to recognize the original intent of the bill for infants.
District 25 candidate Travis Wagner, who is running against Kathy Campbell, said he would want the law to ensure parents who had come to the decision to give up their children would be directed to resources and services to help them.
“I don’t know that everyone knows about the alternatives,” he said.
District 1 candidate Jerry Joy, running against Sen. Lavon Heidemann, said he would not change the law because older children are perhaps being saved by it.
“The law isn’t failing parents and children,” Joy said. “The current system is.”
Several candidates said although they believe the law should be for infants, its use for older children shows a need for awareness of resources to help struggling parents.
Flood said Monday a few state senators have not agreed to changing the law to include only children up to 3 days old. Some suggested 5 days, 30 days.
The proposed amendment would be simple, just as the current law is, specifying that an infant up to 3 days may be left with a hospital employee, and the parent would not be prosecuted for abandonment.
After that, any issues surrounding the abandonment would be handled by the state Department of Health and Human Services and the courts, Flood said.
Heineman said he is not calling a special session at this point, because the regular session is 75 days away and the election is two weeks off. Trying to find a time to conduct a special session would not be easy, he said.
A special session would cost the state $70,000 to $80,000.
Still, the governor did not close the door on meeting early to address the law.
If several more children are brought in from out of state, or if the number of in-state drop-offs increases, he said, “I won’t hesitate to make that call.”
In the meantime, HHS will work to raise awareness on resources available to families dealing with behavioral issues of older children.
“We are monitoring this day to day,” the governor said.
About half of the 18 children dropped off at Nebraska hospitals in Lincoln and Omaha have been former state wards.
Heineman has authorized HHS to spend up to $100,000 for increased promotion of the United Way 211 referral system for parents and guardians having problems with older children and youth.
In addition, $200,000 has been reserved, if needed, for additional call lines and staff for the referral system, he said.
Todd Landry, HHS director of children and family services, said a letter would be sent to adoptive parents and guardians of former state wards to make sure they know about services available to them.
Sen. Brad Ashford said bills will be introduced in the 2009 session addressing issues of services for older children that have been highlighted by the law.
Reach JoAnne Young at 473-7228 or jyoung@journalstar.com.

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go higher wrote on October 20, 2008 9:49 am:
so sad wrote on October 20, 2008 9:51 am:
RE-model wrote on October 20, 2008 9:55 am:
service worker wrote on October 20, 2008 10:01 am:
Gardener wrote on October 20, 2008 10:04 am:
Amy wrote on October 20, 2008 10:08 am:
NPlatte wrote on October 20, 2008 10:09 am:
H wrote on October 20, 2008 10:09 am:
savehavensupports wrote on October 20, 2008 10:13 am:
Becky wrote on October 20, 2008 10:15 am:
Jackie6913 wrote on October 20, 2008 10:17 am:
Nic F wrote on October 20, 2008 10:22 am:
mitchy_v wrote on October 20, 2008 10:23 am:
What about the real problem wrote on October 20, 2008 10:28 am:
Dee wrote on October 20, 2008 10:29 am:
Jack wrote on October 20, 2008 10:31 am:
huh wrote on October 20, 2008 10:35 am:
Choice wrote on October 20, 2008 10:42 am:
job to provide for them, NOT the public or more PROGRAMS. If you buy a
new car and it doesn't run right, do you go dump it onto your neighbor or
SOMEBODY else? The safe haven law in most states was meant for unwed mothers or mothers that couldn't cope at the birth. Not older children!
Good grief, I wouldn't even dump my dog off somewhere to somebody. It
would be my responsibility. Thats the problem with how kids are raised
today, if they don't like something just dump it and it follows them the
rest of their life. If the child has mental problems you search until
you find the help, ya don't dump them!! These younger generations want
their life hunkey doory. These kids are given and given until when the
time comes money runs out then they get hostile and demand what they want
or else make everybodies life misserable, then the parents are ready to
dump them on someone else. What they need is the good ole paddle like
is grew up with. And we wonder why we have all this greed in the world
today!!! "
jo wrote on October 20, 2008 10:43 am:
tcan wrote on October 20, 2008 10:48 am:
vote..... wrote on October 20, 2008 10:50 am:
Texan wrote on October 20, 2008 10:57 am:
CS wrote on October 20, 2008 10:58 am:
Yes 3 days wrote on October 20, 2008 11:00 am:
It was intended to prevent the situations where infants were abadoned in dumpsters, bathrooms, etc. by mothers who couldn't deal with their pregnancy. Most of those births weren't being done in hospitals anyway. It seems to work in 49 other states, not sure why we can't have it here... "
Lincolnite wrote on October 20, 2008 11:01 am:
And, for the record, I'd rather have my tax dollars pay for these children and their safety than many of the other things our tax dollars pay for. To me this isn't even about money -- even if it is meant for only those "in immediate danger" I still don't feel we should turn our back on a child who is ten years old any more than we should turn our back on a newborn.
Children are our future. Protect them and teach them. They will notice and grow up with what they believe. I don't like parents dropping off older children any more than anyone else does; but if those kids are kept out of harms' way and have a meal and shelter, they are better off and we are better off as a society.
We need to provide for them. I absolutely agree we need to educate guardians of minors of all of the options available to them -- but if they are really at the point of giving up their child, we should be sure the child is safe, and then let the consulting and education begin, if needed.
But for heaven's sake; most folks who could honestly give up their child are at their wits' end -- they do not know what to do anymore. I don't believe for a second that any of these cases in Nebraska are "copout" cases ... these people need help. We should ENCOURAGE those who need help to ASK for help - don't threaten them with bad legislation. "
Kristine wrote on October 20, 2008 11:10 am:
Contact Your Senator wrote on October 20, 2008 11:16 am:
I do agree some limits need to be set, but 3 days. We as a state have already messed this up once. Let's get it right this time!! "
Common sense.... wrote on October 20, 2008 11:17 am:
Jason wrote on October 20, 2008 11:18 am:
b dog wrote on October 20, 2008 11:21 am:
YES there are lot's of children out there that are abused and need help but there are other options. The parents should not be able to just dump and go without an responsiblity. These parents that have dropped their teen off did it because it is the easy way out. Well Life is tough and people need to take responsibility. If you can't handle your kids call HHS and have them help you. It is a system. Yes it has flaws and you might not get super fast help but buck up and take some responsibility. I wasn't an easy kid to raise but I can't imagine where I would be if my parents just dumped me off and abandon me. "
Phil wrote on October 20, 2008 11:48 am:
Being a parent-- wrote on October 20, 2008 11:51 am:
Sounds Good wrote on October 20, 2008 11:55 am:
protect babies wrote on October 20, 2008 12:03 pm:
There isnt any help wrote on October 20, 2008 12:05 pm:
Birthmom wrote on October 20, 2008 12:14 pm:
What wrote on October 20, 2008 12:31 pm:
Greg wrote on October 20, 2008 12:42 pm:
Social Worker wrote on October 20, 2008 12:48 pm:
This law is going to fail 99.9% of the children in this state. No wonder we're at the bottom of the list when it comes to child welfare in this country. "
sheila wrote on October 20, 2008 12:51 pm:
Im sorry wrote on October 20, 2008 12:58 pm:
Safe haven laws are intended to keep babies from getting thrown in dumpsters, not because someone decided they can't handle a child. Adoption is still an option, and there are still other ways of placing the child in state care after the three day period. "
72 Hours is Correct wrote on October 20, 2008 1:05 pm:
same ol same ol wrote on October 20, 2008 1:22 pm:
Not every kid out here is born with a mental problem. You can sure develop one when your parents are NOT the caring and loving people that parents are supposed to be. Essentially, that's what puzzles me--eveyone assumes that everybody loves and adores their children (which is great, of course) but the fact is, there are a lot of people out there having children who we all know shouldn't be. A LOT. These are the people that make this law a problem. "
Dawn wrote on October 20, 2008 1:51 pm:
One of many problems wrote on October 20, 2008 2:08 pm:
I don't mean to judge these parents because I haven't walked in their shoes. But I truly feel no matter how overwhelmed you feel, giving your child away is the wrong thing to do. "
Sigh wrote on October 20, 2008 2:33 pm:
Middle Class wrote on October 20, 2008 3:22 pm:
Again, the middle-class is just not "getting" it. I'd like to see the stats on how many of the girls dumping their babies are middle-class or upwards. "
I would hate to be a wrote on October 20, 2008 3:30 pm:
same-o-same-o wrote on October 20, 2008 3:51 pm:
susan wrote on October 20, 2008 4:02 pm:
Ted wrote on October 20, 2008 4:34 pm:
Social Worker wrote on October 20, 2008 4:42 pm:
Buddha wrote on October 20, 2008 5:50 pm:
Ted wrote on October 20, 2008 6:04 pm:
One extreme to the next wrote on October 20, 2008 6:22 pm:
How ridiculous! If you're going to lower the age then make useful and reasonable. My god...some mothers aren't even out of the hospital for 3 days!! At least make it a few months. What is wrong with you?! Every single one of you should be booted from office - talk about pandering to the electorate.
I'll tell you EXACTLY what will happen. You come out and say you're decreasing the age to 3 days, in order to pander to your extreme right wing base, but after the elections are over and you're relatively free of voter reprisal you'll pass a 2 year limit. I'll guarantee it!!
If you think its this important then grow a pair and hold a special session and change the law immediately. This just makes me want to puke!! "
good call wrote on October 20, 2008 6:35 pm:
Naturally wrote on October 20, 2008 6:39 pm:
Secondly, we now have become aware of the serious problem that some people are having with children older than 3-10 days old. We need to address that issue as well.
Let's make it easier for parents or guardians to get access to the help they need, let's cut the red tape for those that may be in serious mental health trouble or the parent needs a break.
My concern is still that we have a child that is a teen that would be abandoned or leave a house due to the situation. We would then have a young person on the street or worse.
Let's make sure we are protecting all the children not just the infants. "
Shocked wrote on October 20, 2008 6:48 pm:
whatever wrote on October 20, 2008 8:19 pm:
Jae wrote on October 20, 2008 8:23 pm:
Terry wrote on October 20, 2008 9:32 pm:
Michael wrote on October 20, 2008 10:25 pm:
Interesting... wrote on October 20, 2008 11:06 pm:
I think the law should stay as it is because I have no faith in the legislature figuring out how to help older kids. "
Becky wrote on October 20, 2008 11:16 pm:
Kids are our future wrote on October 21, 2008 1:30 am:
Jasmine wrote on October 21, 2008 10:04 am:
BECKY wrote on October 21, 2008 11:25 am:
The view from the inside wrote on October 22, 2008 2:56 pm:
I totally understand the concept of making people responsible for their own families and not relying upon the State. However, I also see this is not possible for many. Our system is filled with parents and children of all ages that are not capable of maintaining a solid or even a somewhat functioning family unit. It is a sad reality but these types of services are desperately needed for children of all ages. Restricting the ages of children in which we “chose” to help is not the answer.
In regard to the residents of other states utilizing our Safe Haven law, is it so terrible that our State put itself above the minimum standard? For once, wouldn’t it be nice to live in a State that exceeds its neighbors for a change instead of hiding behind lame excuses of why it is below standards?
On a final note, education is key to finding solutions for a multitude of problems. The elimination of unwanted pregnancies is paramount for many of our social services. Even though I strongly support reproductive choice, I also strongly support sex education and contraception - the largest abortion preventers. But then again, we live in an abstinence only education state. And again, how out of touch and unrealistic. "
angered by ignorance wrote on October 27, 2008 2:39 pm: