When the total climbed to 23 children and teens left in Lincoln and Omaha hospitals using the state’s safe haven law — including five dropoffs in the past eight days — Gov. Dave Heineman reached his limit.

On Wednesday, he called a special session of the Legislature, starting Nov. 14, to reduce the age of children who can be left in safe haven.

Since July 18, when the law went into effect, it has been used only for older children — not for newborns as it was intended.

“Everybody had the discussion, hoped it wouldn’t happen, said it wouldn’t happen. It has, now we need to deal with it,” the governor said.

Speaker Mike Flood of Norfolk said the session will be limited to bills amending the age limit. Discussion of related issues — such as the availability of mental health and behavioral health care for older children — will be saved for the regular session in January.

“We’re … focusing our attention next session on looking at the bigger and broader issue, and that is: What about these adolescents? What about the behavioral health care services that they need,” Flood said.

So for now, lawmakers will address the unanticipated numbers of dropoffs of older children, and especially those from out of state, he said.

The majority of senators have told him they are willing to limit the law to infants up to 3 days old, he said. 

The state’s safe haven law, passed in February, allows for abandonment without prosecution of the parent or guardian of any child up to age 18.

Lincoln Sen. Bill Avery said the Legislature must define “child” and end the incentive for families from out of state to bring their children to Nebraska.

A large part of the debate will be whether a 3-day-old limit would be enough, he said.

Research on child homicides by parents show the highest numbers are at 1 day old, 8 weeks, and 15 years, he said.

Omaha Sen. Tom White said Nebraska cannot be a dumping ground for troubled children from all states.

The problem will be deciding the age, White said.

Does a 3-day-old deserve protection and not a 4-day old or 1-month-old?

A hearing on the safe haven issue scheduled for Nov. 13 was  canceled. A hearing will be scheduled for Nov. 17 on any amended bills, Flood said. 

He encouraged Nebraskans who have concerns about the law and any proposed changes to contact their state senators or attend the hearing next month.

The session will cost about $70,000, Flood said.

Any bill passed could have an emergency clause, the governor said, and go into effect as soon as he signed it.

Omaha Sen. Ernie Chambers spoke at the governor’s press conference, saying Heineman had made a “wise, statespersonlike decision.” And he said three days ought to be the upper age limit for the bill.

Despite the fact he does not believe in safe haven bills in general, he said he assured the governor and the speaker he will do everything he can to facilitate the movement of the session in the minimum number of days available.

“We’re not going to lose our focus as a Legislature,” he said.

Chambers said it is terrible for  older children to have that experience of being deserted. 

“There are some things you never forget. They mark you for life,” Chambers said.

Some people outgrow it, he said. Some use the bad experience to go forward and do other things.

“Some people become dysfunctional, and they become very angry, and they take out that anger on society as a whole or on the class of people that they feel hurt them,” he said.

The use of the law by families with older children has highlighted the issue of availability and access to services for children with mental health or behavioral issues.

Todd Landry, director of the state division of children and family services, said families should know the state Department of Health and Human Services empathizes with struggling parents. 

But using the safe haven law for their children would not absolve them of their obligations, he said. They would still have to be involved in their children’s lives — but with judges, attorneys and others making decisions for them.

Landry encouraged parents to reach out to extended family, friends, neighbors and those in faith-based groups.

“We are very fortunate in this state to have a wide variety of wonderful community organizations who stand willing, ready and able to help families in need,” he said.

Landry acknowledged that some services might not be available to every family. He said some parents are offered services, but are not  getting the desired results as quickly as they want.

Many of the parents and guardians said they had used or tried to find services and had given up hope of being able to do it on their own.

As of last last week, about half of the children dropped off at Nebraska hospitals had been former state wards.

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