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Heineman signs safe-haven bill

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BY JoANNE YOUNG / Lincoln Journal Star

Saturday, Nov 22, 2008 - 12:42:51 am CST

Nebraska’s unique safe haven law changed overnight to a more traditional one expected to take the state out of the national spotlight.

Senators ended a special session Friday morning with a 43-5 vote amending the law to apply only to  infants up to 30 days old. Gov. Dave Heineman signed it  and it took effect at midnight.

The law does two things, Heineman said: It restores the intent of the bill, and it removes a reason for families from outside of Nebraska to use state’s safe haven law.

Story Photo
Angie sits in her son Alex's bedroom at their south Lincoln home. Therapists have recommended that she take advantage of the safe haven law with her son who has been diagnosed with bi-polar disorder, but she doesn't plan to do that. (Jacob Hannah)
How they voted

Senators voted 43-5 Friday to amend Nebraska’s safe haven law, restricting it to babies 30 days old and younger.

Voting yes: Adams, Aguilar, Ashford, Avery, Burling, Carlson, Chambers, Christensen, Cornett, Dierks, Engel, Erdman, Fischer, Flood, Friend, Fulton, Gay, Hansen, Harms, Heidemann, Howard, Hudkins, Janssen, Johnson, Karpisek, Kruse, Langemeier, Lathrop, Lautenbaugh, Louden, McDonald, McGill, Nantkes, Nelson, Pahls, Pankonin, Pirsch, Raikes, Rogert, Stuthman, Wallman, White, Wightman

Voting no: Dubas, Kopplin, Pedersen, Preister, Synowiecki,

Excused: Schimek

Before the bill became truer to its original intent of keeping newborns from being abandoned in Dumpsters  or other unsafe, out-of-the-way places, 35 children ended up in the hands of Nebraska hospital employees.

But most of those dropped off over a nearly 10-week period were adolescents.

The phenomenon didn’t escape the attention of the national media and TV scriptwriters.

On Thursday night’s “ER” episode, a pregnant woman who is verbally assaulting a man for writing her a parking ticket yells as she is wheeled through the emergency department: “If my kid grows up to be like him, I am dropping him off in Omaha, you hear me? I will disown him.”

National — and even international news media — covered at least parts of this week’s special session.

On Friday night, ABC’s “20/20” included a segment on Angie and Alex, a Lincoln mother and son featured in a Journal Star story on Oct. 12. Angie and her son had struggled with his mental illness and getting him services.

Even as senators upheld the age restriction, they vowed to look deeper into the problems of older children getting mental and behavioral health services.

Sen. Annette Dubas of Fullerton, one of five senators who voted against the amended age limit, remained opposed to shutting off older children and families in crisis from safe haven. Her bill (LB3) included a provision for helping older children in crisis but did not make it to the floor for debate.

She and others acknowledged the solutions will not be quick or easy. Dubas is one of six senators on a special task force that will explore the issue with mental and behavioral health providers and others interested in the issue between now and January, looking for solutions. The regular session begins Jan. 7.

Dubas said the issue is one of a number involving how services are delivered through the Nebraska Department of Health and Human Services, including those for developmentally disabled adults.

“This is just one little piece of a bigger puzzle,” she said.

The Legislature’s Health and Human Services Committee held hearings this summer and fall with departments of HHS. Committee members also talked with Appropriations Committee members about funding.

“No matter what we do, we need to find ways to fund it,” said Sen. Tim Gay of Papillion, HHS Committee member.

“One year, one session is not going to solve all these problems, and to give a false sense of hope, we don’t need to do that,” Gay said.

Heineman said challenges include whether services are accessible and whether there are gaps, and how to fund what is needed, “particularly with the economic challenges we are facing.”

Gay said the Legislature needs to be persistent and consistent in the future on these issues, because the problems have developed over a long course of time, he said.

“Now we need to find a productive solution. That takes a lot of hard work,” he said.

Reach JoAnne Young at 473-7228 or jyoung@journalstar.com.


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The children can still be dropped off wrote on November 21, 2008 1:26 pm:
" and be safe after this change. Its just now the parents will get arrested. If a parent is trully thinking of the safety of their child then being arrested shouldn't matter to them. Remember its the childs safety we are concerned about and we are. Howver the parent should get into trouble for doing it too. "

JB wrote on November 21, 2008 1:52 pm:
" Safe Haven in met for infants. That is what the special session was for. "

Between now and a Fix for the older Children wrote on November 21, 2008 1:58 pm:
" Or As the State of Nebraska turns away its head to the plight of older children, that will now have few services. I understand the need to change this law but at the same time I would have liked to seen a temporary provision put in for older children and parents who have reached the end of their rope with a child who may be mentally ill, or have other behavioral issues. A temporary respite care would have gone a long way. This law as it was written before showed a National Disgrace, that we have abandoned older children that need care. Its easy to make judgments of parents that have children who are in crises, particularly if you don't have a child that has a behavioral or mental illness. We need to provide services to these Parents who are trying to prevent their child from growing up to be the next occupant in a prison cell or worse. "

Billy wrote on November 21, 2008 2:26 pm:
" I think the Senators did a great job during this special session. Now all of Nebraska's have to remember how to have personal responsibility. The government is not here to solve our problems....It usually creates more. "

JJ wrote on November 21, 2008 4:01 pm:
" Its called Boys and Girls Town for those of you unfamiliar with what to do with older children. There is a national hotline: 1-800-448-3000. Its free and available 24/7. Or online at http://www.boystown.org/hotline/index.asp "

So Sad wrote on November 21, 2008 4:19 pm:
" ...Nebraska made a mistake again. 30 days is not nearly enough time for a new parent to realize that they are not able to care for a child. They are still in the 'honeymoon' phase during the first 30 days. Wait until they take the child home and they have many sleepless nights with a crying newborn, wait until they get to their wits end, wait until they get upset because they are missing out on parties and social events and then they decide that maybe this just isn't working out.... then what? "

LSA wrote on November 21, 2008 4:30 pm:
" Our son suffers from bi-polar & ADHD. He's had it for years. Even in adult hood he & our entire family struggle with it. We've done it by ourselves, his "friends" have abandoned him, families have ostrasized us. Each situation is different. There is no sure fire answer. You deal with it day by day. Never say never, never stop loving your child, never stop with the support. Tell them you'll always be there for them.
My heart goes out to this young man & his family. There are people that DO CARE & MY FAMILY CARES! "

BigMo wrote on November 21, 2008 5:45 pm:
" Hey I am pretty sure Mississippi, Guam, and Puerto Rico rank higher in their investment per capita on mental health services for children, along with about 40 some other states. We may be in the top tier for things like fuel taxes and property taxes, but as for investing any of those funds on ensuring we have a quality safety net for children in need...well, forget that. Did you know the number one reason for a parent to voluntarily surrender custody of a child to the state is the lack of resources to afford mental health care for that child? Did you know most of the professionals providing treatment for children with mental health problems have never had specialized training in children's mental health care, or a supervised practicum/internship with supervision by a chidren's mental health specialist? Can you imagine someone teaching without specialized training in elementary or secondary education? Let alone, teaching without having been through a supervised student teaching experience! The system is in a shambles, and there isn't an ounce of leadership in this state government to fix it. "

Not everyone can do boys town wrote on November 21, 2008 11:18 pm:
" I notice some people think Boy's town is the answer to all the older children problems. Its not they don't have enough resources to solve all the issues here. In some cases they may not qualify. Boys town is a great place but its NOT for everybody. Respite care, and cutting the red tape for some parents with seriously ill children may go a long way.

I've seen a lot of judgmental behavior on these blogs over the history of this issue. Unless you have had to deal with a child with a mental illness or a behavior issue, you don't know what it is like. If you have other children in the home you may have a choice, you have to give up one child to save the others from harm, and in turn giving up the child with the illness/behavior to obtain the proper care.
Walk a little in someone Else's shoe before making judgmental statements "