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Lawmakers agree on safe-haven age limit

By Nate Jenkins, The Associated Press | Posted: Tuesday, October 21, 2008
LINCOLN, Neb. -- Stung by the abandonment of children as old as 17 at Nebraska hospitals, the governor and lawmakers struck a deal Monday to rewrite the state's safe haven law so it applies only to infants up to three days old.

A rash of drop-offs in recent months, particularly those of teenagers and from out of state, thrust the state into the national spotlight. The law was ridiculed on an episode of "Saturday Night Live" this past weekend.

Forty of the 49 senators in the unicameral Legislature and Gov. Dave Heineman have agreed to the changes, Speaker of the Legislature Mike Flood said during a news conference on Monday.

The state's safe-haven law allows caregivers to abandon children -- interpreted by some to include those as old as 18 -- at hospitals without fear of prosecution. The age cap would change Nebraska's safe-haven law from the most lenient in the country to one of the most restrictive. Sixteen other states have a similar 3-day-old age cap.

At least 18 children, aged 22 months to 17 years, have been abandoned since the law took effect in July, including a child from Iowa and a Michigan child who was driven from there by his mother.

The Nebraska law, intended to prevent infants from being dumped or abandoned in dangerous places by mothers who don't want them, has had "serious, unintended consequences," Heineman said. "This law needs to be changed to focus on infants."

Heineman has said he would prefer not to call a special session to change the law before the regular session starts in January, though he indicated that if more out of state children were abandoned under the law he might change his mind.

Flood said lawmakers would likely quickly change the law in the first couple of weeks of the new year.

In the meantime, Nebraska officials are trying to prevent more drop-offs.

Heineman has authorized Health and Human Services to spend up to $100,000 promoting a help line operated by the United Way for parents and guardians. The state is also sending letters to all adoptive parents and guardians of children who are former state wards providing phone numbers and Web sites of agencies that can help them if they are having problems with their children.

In a nutshell
The news: The unicameral Nebraska Legislature and Gov. Dave Heineman agreed to rewrite the state's safe haven law so it only applies to infants up to three days old.
Background: The current law allows caregivers to abandon children -- interpreted by some to include those as old as 18 -- at hospitals without fear of prosecution. At least 18 children, some as old as 17, have been dropped off at Nebraska hospitals since the law took effect in July.
What's next: Lawmakers will likely wait until January to pass a new law, though a special session may be called if more children are abandoned. A special sessions could cost as much as $80,000.
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Story Comments

X-SSC wrote on Oct 21, 2008 12:33 PM:

" I was going to drop my kids off a day before there 18th birthday. That way they can get grants for college that they wouldn't get because I make too much money. I had to work my butt off to pay for college, housing, food, insurance, gas, etc. This should save me & them thousands. "

nebraska taxpayer wrote on Oct 21, 2008 8:49 AM:

" well it is sad that people have waited until their kids are teenagers to figure out they cant take care of them and then treat them like animals and drag them to another state to dump them.

If a person has enough time to investigate safe haven laws they should be able to investigate problem solving skills and resources within the state they live in

what are the long term effects of these kids that have endured this? "

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