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Nebraska Reassesses Abandoned Child Law

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The Associated Press

Published: September 27, 2008

OMAHA, Neb. - When Nebraska lawmakers passed a "safe-haven" law that allowed parents to abandon children as old as 18, they never seriously thought such drop-offs would become common.

Their worst fears have come true, however: At least 16 children, some of them teenagers, have been abandoned since the law took effect in July. Now elected officials are considering revising the law, and at least one anguished parent said he only surrendered his children because he felt he had no choice.

"If we see another family being left off, then we're going to have to do something immediately," said state Sen. Arnie Stuthman, who introduced legislation that was the basis for the law.
Lawmakers need to set a maximum age for children who can be handed over to the state, Stuthman said, and he's not sure whether it can wait until the Legislature reconvenes in January.

It's not clear whether Gov. Dave Heineman will call a special session to modify the law, though he has said it should be changed.

For now, the law permits caregivers to abandon children at state-certified hospitals without fear of prosecution.

It was intended to protect infants, but was amended to include the word "child," which isn't defined. So some have concluded the law covers all minors, which in Nebraska includes anyone younger than 19.

The latest example happened Wednesday, when an out-of-work widower left nine of his 10 children at an Omaha hospital. Gary Staton went to Creighton University Medical Center to surrender his five sons and four of his daughters, who ranged in age from 1 to 17.

He did not bring his oldest daughter, 18.

Staton's wife died in early 2007, shortly after giving birth to their 10th child. The man told police he hasn't worked since July and was struggling to make ends meet.

Todd Landry, director of the division of Children and Family Services, said the safe-haven law was designed to help children who are in danger, but none of the kids who were dropped off had been in harm's way.
Landry said he empathizes with parents who struggle to raise their families, but "it is the job of a parent to be a parent."

He said there are resources to help them.

James Blue, president and CEO of the Lincoln-based nonprofit Cedars, which assists abused and neglected children, said he's been inundated with calls since the safe-haven law took effect.

He said the group gets more than 10 calls a day from struggling parents, and its temporary shelter is at its capacity of 15.

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