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.