Omaha Sen. Ernie Chambers would like Gov. Dave Heineman to call a special legislative session to bring an end to use of the safe haven law by parents of older children.
JoANNE YOUNG / Lincoln Journal Star | Posted: Thursday, October 9, 2008 7:00 pm
Omaha Sen. Ernie Chambers would like Gov. Dave Heineman to call a special legislative session to bring an end to use of the safe haven law by parents of older children.
Chambers said the Legislature needs to stop this damage to children from being “deserted.”
Then senators could come back in January and take the time to decide what to do with the bill, he said.
The session would have a narrow focus of putting an upper age limit on children who can be abandoned under the law, he said.
“My primary concern is not with inconvenience to the state or any other agency or entity but, rather, with the traumatic (and potentially life scarring) experience of adolescents being abandoned,” he said in a letter sent Friday to state senators.
During a special session, he said, the issues brought into focus by the law could be thoroughly discussed without “hasty action” being taken. Those include the need for programs and “meaningful assistance to desperate families.”
Although he would continue to emphasize the need to tackle the underlying causes that lead women to abandon their babies, he said, he would not delay enactment of an appropriate amendment to the law.
Using the law for older children may not be what was intended, and may be undesirable, he said, but people are only doing what the law allows.
The fault should fall on those who constructed the law, not those who are using it, he said. Chambers had opposed a safe haven bill for infants initially, but in the last session allowed senators to craft a bill without an age limit, saying he would not stand in the way.
Seventeen children, ages 1 to 17, from nine families have been abandoned under the state law that took effect in July. On Tuesday, a 14-year-old girl from Council Bluffs, Iowa, was left at Creighton University Medical Center in Omaha. She was returned to her guardian Thursday.
Speaker Mike Flood said he was taking Chambers’ position “very seriously.”
Flood has been in contact with a number of senators, and they have a lot of ideas of what should be done with the safe haven law, he said. Some want a special session and some want to resolve the issue in the regular session.
If he is still the speaker in January, he said, a safe haven bill would be LB1 or LB2.
“That’s the most I can offer as the speaker,” he said.
Sen. Brad Ashford, chairman of the Legislature’s Judiciary Committee and Sen. Joel Johnson, chairman of the Health and Human Services Committee, will oversee a hearing Nov. 13 on the safe haven law.
The joint hearing will allow the public to comment on the use of LB157 by parents and guardians and on possible amendments to the statute.
By law, the governor can convene the Legislature outside of regular sessions for a specific purpose.
If two-thirds or more of senators request a special session, the governor would be required to call one.
A special session could cost the state $70,000 to $80,000, said Patrick O’Donnell, clerk of the Legislature. The legislative chamber is undergoing renovation and is closed but could be open the last week in October, he said.
Sen. Arnie Stuthman of Platte Center, who sponsored the safe haven bill, said Friday he was hoping agencies and organizations, like Boys Town and United Way, are starting to make headway in addressing the issues of families so they do not feel they have to abandon children.
“I really hate to call a special session,” he said.
If the state could go 10 days to two weeks without a safe haven drop off, he said, he would feel some ground has been gained.
On the other hand, he said, if there are several more children abandoned from Nebraska and several more from other states, it might be necessary.
Gov. Dave Heineman’s office issued a statement Friday saying Heineman appreciated Chamber’s support to limit the safe haven law.
“The governor remains hopeful that a special session will not be needed, however, should a special session be called, Senator Chambers’ support would be most helpful,” the statement said.
On Tuesday, in a letter to Nebraskans, he said the few safe haven dropoffs the state has seen demonstrate the need for a change in Nebraska’s law.
“In the coming legislative session, I will advocate for changes that put the focus back on protecting an infant in danger,” he said.
In trying to discourage parents or guardians from using the law for older children, Heineman said Nebraskans believe strongly in parental responsibility.
“As many parents know, however, raising a child can be challenging at times,” he said. “But I want every Nebraska parent to know that when it seems like there’s nowhere to turn, even in the most difficult and challenging situations, there are resources to help.”
Reach JoAnne Young at 473-7228 or jyoung@journalstar.com.