Under Safe Haven Law, 11 Children Abandoned in Nebraska

Under Safe Haven Law, 11 Children Abandoned in NebraskaA unique and new safe haven law in Nebraska, which allows caregivers to abandon babies and teenagers alike at hospitals without fear of prosecution, saw 11 children abandoned at two different Omaha hospitals. The state's safe haven law was originally intended to protect infants but later expanded in a legislative compromise to protect any "child." This wider terminology has led some people to interpret it to mean anyone under 19.

In one instance a father dropped off his nine children ages ranging from one to 17 at Creighton University Medical Center Wednesday night. Two other boys one 15-year-old and eleven-year-old, were separately dropped off at Immanuel Hospital,

This new law was signed by Gov. Dave Heineman, and he and other former supporters feel changes are needed. State Sen. Arnie Stuthman, who introduced the original bill, said, "People are leaving them off just because they can't control them. They're probably in no real danger, so it's an easy way out for the caretaker." He said the bill was introduced in order to protect infants and in a compromise with senators who were worried about arbitrary age limits, the measure was expanded.

According to the Nebraska Department of Health and Human Services, the nine siblings- five boys and four girls were split up and four are in an emergency youth shelter, while five are in foster care. The department was trying to work on a new arrangement that would keep the kids together. The abandoned siblings were in no danger and the department was still investigating why their father gave them up. Out of the boys left at Immanuel, one is in foster care, while the other remains at the hospital under evaluation.

It brings the total number of abandoned kids to 16 since the Safe Haven law took effect in July. Nebraska has had six cases of parents leaving their kids at area hospitals while five of the cases happened in Douglas County, one in Lancaster County. All these cases happened since the beginning of September and the majority of the children are older than ten.

Todd Landry, director of the state division of Children and Family Services, said none of the abandoned kids have been in danger so far and were left as their parents felt overwhelmed and decided they did not want to be parents anymore. At a news conference in Lincoln Landry said, "It was the parents not wanting to continue the journey with their kids."

Children who have been abandoned under the safe haven law are placed in protective custody till such time as the courts decide on the child’s future. Although parental rights don’t end with abandonment, parents who change their minds could find it difficult to regain custody with a court attorney deciding if a child should be sent back home said Landry.               

"I'm very concerned people are deciding they no longer want to be a parent and taking advantage of LB 157," said Landry. He went on to say that the original intent of the new law has been lost. "LB 157 was intended to help helpless children in immediate danger," said Landry.

Health and Human Services leaders feel the safe haven law needs to be modified to address its original intent which was to protect infants in immediate danger. At least one state lawmaker says the law needs to be re-addressed. Nebraska was the last state in the country to adopt the safe haven law. Before this law came into effect if a parent abandoned a baby they were liable to be charged with child neglect, abandonment both of which are misdemeanors or child abuse which is a felony.

Cedars President, James Blue said, "While this has I think exposed an underbelly of our society of families that are dropping off teens forever at a hospital it has also given a message that there is help out there. I don't in any way diminish the stress that are families are going through, it's massive but when you're a parent you have a responsibility to parent that child and not drop that child off at a hospital when things are too tough," says Blue.

Help for the parents who feel overwhelmed and unable to cope is available at the Child Saving Institute, Boys Town or The United Way, just to name a few.

State Senator Gwen Howard feels there is the need for discussion on the issue in the upcoming session. "What this does, it gives us the opportunity to address what clearly is a need in the state. Rather than individuals that haven't dealt with the problem first hand, I think we need to have people counselors, agencies people that are doing the direct service work with families come together and make recommendations about what would be effective to help families in the state," says Senator Howard.

Governor Dave Heineman's office says although he's not going to call for a special session on the issue adds it will be addressed in the upcoming session. The focus now is on educating parents about alternatives to abandonment adds his spokeswoman.