Teenager is 24th child left at Neb. hospital
Posted: Friday, October 31, 2008
OMAHA (AP) -- The drumbeat of drop-offs continued in Nebraska as a grandmother left a 17-year-old boy at an Omaha hospital late Wednesday, taking advantage of the state's unusual safe-haven law, which is scheduled for revision next month.
On the same day the governor called a rare special session of the Legislature to fix the law, which was intended to protect unwanted newborns, the boy became the 24th child abandoned.
Todd Landry, director of the Division of Children and Family Services for the Department of Health and Human Services, said Thursday the boy lives in Douglas County and is a state ward who has been living with his family while undergoing therapy. His grandmother is his legal guardian.
"I empathize with parents and guardians who are struggling and aren't sure where to turn," Landry said. "However, in this case, it appears that appropriate services were being provided."
The special session will begin Nov. 14, less than two months before the Legislature starts its regular, annual session. The timing -- and the willingness to pay the roughly $70,000 cost -- illustrates how badly Gov. Dave Heineman and others want to stop what has turned into an embarrassment for Nebraska.
Currently, Nebraska's law is the only one in the country that lets parents or caregivers leave children as old as 18 at a state-licensed hospital without fear of prosecution for the abandonment. None has been a newborn; three of them were brought to Nebraska from other states.
Most states have age limits ranging from 3 days to about a month.
In the latest case, the boy had been on the state's radar since at least July 23, when he became a ward of the state.
In September, a juvenile court ruled that he could return home based on the family's cooperation, Landry said. The boy remained a ward of the state, and the state continued to provide in-home family support, individual therapy and family therapy.
It's considered a safe-haven case, Landry said, even though the child was already a state ward.
Some have interpreted the state law to mean that children as old as 18 could be abandoned.
That's because the law uses the word "child" and doesn't include any age limit. So some have taken the word "child" in the law to mean "minor," which in Nebraska includes anyone under the age of 19. Others have taken the common-law definition, which includes those under age 14. Health and Human Services officials, however, say they will not take in any children older than 17.
During the special session, Speaker Mike Flood of Norfolk will introduce a bill to change the age limit to 3 days old, but senators could adjust the age.
Some lawmakers, including Gwen Howard of Omaha, believe it isn't as easy as simply changing the age limit. Too many parents, she said, are in trouble and don't know where to turn.
"The light of day has been shone on problem that has been ongoing," Howard said.
On the same day the governor called a rare special session of the Legislature to fix the law, which was intended to protect unwanted newborns, the boy became the 24th child abandoned.
Todd Landry, director of the Division of Children and Family Services for the Department of Health and Human Services, said Thursday the boy lives in Douglas County and is a state ward who has been living with his family while undergoing therapy. His grandmother is his legal guardian.
"I empathize with parents and guardians who are struggling and aren't sure where to turn," Landry said. "However, in this case, it appears that appropriate services were being provided."
The special session will begin Nov. 14, less than two months before the Legislature starts its regular, annual session. The timing -- and the willingness to pay the roughly $70,000 cost -- illustrates how badly Gov. Dave Heineman and others want to stop what has turned into an embarrassment for Nebraska.
Currently, Nebraska's law is the only one in the country that lets parents or caregivers leave children as old as 18 at a state-licensed hospital without fear of prosecution for the abandonment. None has been a newborn; three of them were brought to Nebraska from other states.
Most states have age limits ranging from 3 days to about a month.
In the latest case, the boy had been on the state's radar since at least July 23, when he became a ward of the state.
In September, a juvenile court ruled that he could return home based on the family's cooperation, Landry said. The boy remained a ward of the state, and the state continued to provide in-home family support, individual therapy and family therapy.
It's considered a safe-haven case, Landry said, even though the child was already a state ward.
Some have interpreted the state law to mean that children as old as 18 could be abandoned.
That's because the law uses the word "child" and doesn't include any age limit. So some have taken the word "child" in the law to mean "minor," which in Nebraska includes anyone under the age of 19. Others have taken the common-law definition, which includes those under age 14. Health and Human Services officials, however, say they will not take in any children older than 17.
During the special session, Speaker Mike Flood of Norfolk will introduce a bill to change the age limit to 3 days old, but senators could adjust the age.
Some lawmakers, including Gwen Howard of Omaha, believe it isn't as easy as simply changing the age limit. Too many parents, she said, are in trouble and don't know where to turn.
"The light of day has been shone on problem that has been ongoing," Howard said.
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USA Steve wrote on Oct 31, 2008 3:52 PM:
concerned wrote on Oct 31, 2008 12:37 PM:
marla wrote on Oct 31, 2008 8:32 AM: