A 30-day age limit on children who can be dropped off at hospitals under Nebraska's safe haven law has received first round approval from lawmakers.
NANCY HICKS / Lincoln Journal Star | Posted: Monday, November 17, 2008 6:00 pm
A safe haven bill that will allow parents to legally abandon an infant up to 30 days old is headed toward the station.
And Omaha Sen. Ernie Chambers — who Monday likened the bill to a runaway train — sang “toot, toot” during floor debate Tuesday.
Nebraska state senators spent almost six hours primarily pointing to the serious problems uncovered by the state’s current broad safe haven law, before giving 40-4 first-round approval to the 30-day protection period.
The age limit, offered by the Legislature’s Judiciary Committee and supported by Gov. Dave Heineman, is expected to pass during this short special session.
Safe haven laws originated to stop infant deaths, but Nebraska’s law, passed last spring, gave protection to parents of children of all ages.
And instead of infants, parents have dropped off 34 children, many of them teens, since September. Many of the parents said they couldn’t get the services they thought the child needed.
During debate Tuesday, senators described parents desperate to find help for their older, often mentally ill, children — and a state agency that refuses to recognize that problem.
“I am seeing a disconnect between what is happening and the response from the Health and Human Services Department,” said Omaha Sen. Steve Lathrop.
He said agency director Todd Landry’s doesn’t appear to recognize the problem. Instead, the director for children and family services tells parents to call the United Way, their church or a teacher, Lathrop pointed out.
“The state has two big problems. One with the delivery of services and the other with an administration that doesn’t recognize there is a problem,” said Lathrop.
His opinion was shared by other senators.
Omaha Sen. Gwen Howard, who retired after 34 years working for Health and Human Services as a social worker, also talked about her perception of Landry’s comments that “once we correct the age, the problem will disappear.”
“The problem is not going to disappear,” she said. “Everyone doing the work knows that. Every parent of a troubled child knows that. Everyone in the the court system knows that. Why doesn’t the director of children and family services know that?”
Instead agency leaders downplay the problem, she said.
“We need a department that that is attuned to the needs of the people who come to them. We need a director of child welfare who is going to be honest with us, who is going to come with solutions,” Howard said.
Lincoln Sen. Danielle Nantkes took a long-term perspective.
“A human service system devoid of leadership and appropriate funding … over the course of many, many years brings us to this point,” she said.
“Those are not unintended consequences,” she said of the drop-offs. “Those are serious consequences.”
Then she pointed to the other problems facing Health and Human Services, including potential loss of federal funding for the Beatrice State Developmental Center for Nebraskans with developmental disabilities.
“How many task forces do we need? How many class action lawsuits do we need? How many Department of Justice investigations do we need?”
Several senators also suggested that finding a real solution will cost money.
Many Nebraskans pride themselves on saving dollars, said Sen. Vickie McDonald, one of 16 senators who will not be returning in January. “The biggest concern is that this is going to cost money.
“So I challenge you to make sure you fund this program so we have services across the state for all our children who are mentally disturbed.”
Nebraskans want things cheap, said Omaha Sen. Don Preister.
“Our children are under siege and largely it’s because we are cheap,” he said.
“We closed mental health facilities to save dollars. Being cheap. Now we are looking at only a three-day (changed to 30 days) safe haven law. Being cheap,” he said.
“I don’t think being cheap is economical.”
Senators voted down amendments Tuesday to lengthen the age limit to 120 days old and up to one year before giving the first of three required votes to the 30-day bill.
The 30 days allows moms with postpartum depression to give up infants, but doesn’t interfere with the traditional system of legally relinquishing babies for adoption, according to Sen. Brad Ashford, Judiciary Committee chairman.
Adoption agencies in the past have worried safe haven laws would encourage abandonment rather than a more thoughtful legal relinquishment, where agencies can collect health information for the child and protect fathers’ rights.
Ashford expects few if any attempts to derail the 30-day protection during second-stage debate Wednesday.
Senators also promised to address the broader issues of services for families in crisis during the 2009 regular session, which begins in January. Ashford said he will begin working with those interested in finding solutions before the special session ends.
Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.