24th Child Dumped Under Safe Haven Law

Nebraska Law Allowing Guardians To Legally Abandon Children Of Any Age Is Target Of Lawmakers, Critics

(AP)  A 17-year-old boy left at an Omaha hospital is the 24th child to be abandoned under the state's much-criticized safe-haven law, which lawmakers hope to change next month.

The teenager was left at the Nebraska Medical Center Wednesday night by his grandmother, who is his legal guardian, Todd Landry, of the Division of Children and Family Services for the Department of Health and Human Services, said Thursday.

Landry said the boy is a state ward but has been living with family while undergoing therapy.

Nebraska was the last state to enact a safe-haven law, a measure intended to prevent infanticide and the unsafe abandonment of newborns.

Bust since the law took effect in July, none of the children dropped off at hospitals were newborns and three of them were from out of state. The reason: Nebraska's law provides safe haven for any "child." It doesn't set an age limit.

Some have taken the word "child" in the law to mean "minor," which in Nebraska includes anyone under the age of 19. Others have adopted the common law definition, which includes those under age 14.

State lawmakers plan to tackle the issue at a special session on Nov. 14. Speaker of the Legislature Mike Flood said he'll introduce a bill establishing a 3-day-old age limit.

At least 15 states use a 3-day-old threshold, according to the National Safe Haven Alliance.

Safe haven laws vary widely by state. Just across Nebraska's line in Iowa, the age limit is 14 days. To the north in South Dakota, the limit is 60 days.

"They're making it all up as they go along," said Adam Pertman, executive director of a New York adoption institute and a frequent critic of safe-haven laws. "Where's the research that indicates that this is the right length of time?"

The absence of any national standard for an age limit was one reason why Nebraska lawmakers decided to use the generic term "child" in their law.

"It does open a door to older children being left off," state Sen. Gwen Howard said during January's debate on the legislation. "I don't see that being a problem."

Howard said Wednesday she'd listen to arguments for and against changing the law before making a decision.

"We want to protect all children," she said. "We can't walk away from the problem that's out there."

Tim Jaccard, president of the National Safe Haven Alliance, said he hopes to bring all 50 states to an agreement on a standard age limit and possibly lobby for federal legislation.

However, Jaccard argues the intent of the law - preventing infanticide - is sound.

He started the safe haven movement in 1998, after finding a baby drowned in a toilet bowl by his mother, and others in plastic bags, buried or in recycling bins.

"The bottom line is, I don't want to see another baby in a Dumpster ever again," he said.

[barbaram99]

I WAS DUMPED IN HOMES FROM 59 TO 74. i AM 54.
A poster said some thing og a list in school. If it was there it was never read to me. I WAS ONE YEARS AGO DUMPED. .IN THE HOMES ABUSE AT SCHOOL THEY WERE SCArd to teach me there fear of the blind. we should fix them so they can''t breed once they dump a child on the town and walk away. I feel that and hgave for years..THE SAFE HAVEN IS FOR NEWBORNS.. Mum never wanted me why I am the reason she was told to leave high school and i was unborn at the time. In 54 they told girls carrying a child yer life as school student is over. They did things likr that. Nope I never had children as FOR HEALTH REASONS,,

[wl7bzh]

It''s illegal to spank them. They''re out of control in the schools. And our prisons are full.

Say, wasn''t there a list of about nine or ten things or rules they used to post in the schools to serve as a child''s guideline for behavior? What ever happened to that list? Maybe it''s a coincidence, but every since they stopped posting that list, kid''s behavior have quite literally gone to helll.

[dagrandma]

spadeisspade: Sometimes the foster care system IS better and sometimes it isn''t. I know of just as many wonderful stories as I do bad ones. What''s really sad about the foster care system, at least in my state, is that it is EXTREMELY difficult to become a foster parent. I have friends who are wonderful people who tried to become foster parents but couldn''t because somewhere in their past they filed bankruptcy. I would love to become a foster parent myself but I just don''t want the hassle of all the scrutiny. It''s harder to become a foster parent or a childcare worker than it is to adopt a child.

[dagrandma]

You know how kids now use the threat of "turning in" their parents because of discipline (and sometimes follow through by calling 911 or child protective services)? Well, now parents have a new threat: "You want to go for a ride to Nebraska?"

And, before anybody calls me out, YES, I know there are some children who SHOULD call 911 or child protective services.

[volleymom3]

Can''t deal with them...don''t have them.

[barbaram99]

DaVicar,
Have ye ever been a foster child, I was and I know that life. Every month years ago I was moved from to home. Why. It was money. Yes the abused was in the foster homes. No child deserves that Hell. I feel for the dumped children, as I WAS ONE YEAR AGO DUMPED ON THE TOWN AT 5 YEARS OLD. iF THEY DUMPED THEIR CHILD, FIX THE PARENTS SO THE CAN''T BREED.

[rbburnerjr]

The stupid one are the ones who don''t invest in children. How many children could be educated or healed on 10 billion a month.

[spadeisspade]

DaVicar-

You think the foster care system is better than the life they had? None of the children dropped were abused; they had out of control behavior, already state wards, or the dad was depressed and overwhelmed after his wife died (the case with the seven children that were dropped). Parents shouldn''t be allowed to dump their children for taxpayers to take care of, but the state also needs to have better systems in place to help these people out (which it is now doing).

People that are beating the *** out of their kids, molesting them or blowing crack smoke in their faces are not going to be dropping their kids off. Those types of people don''t think they are doing anything wrong.

[rbburnerjr]

Just think! Billions for Iraq; billions for Exxon; billions for exec Bonuses; millions of jobs to China; pennies for education and childrens health care. In three months George is going to take all his oil money and go giggling to Texas laughing at the mess he made.

[rbburnerjr]

I think that this is a great law. What would have happened to these children without this law? George and the rest of the Republicans don''t care.