Friday, July 31, 2009

MOTHER PANICKED, REGRETS "SAFE HAVEN:" 1ST POST-NEBRASKA FIASCO BABY GOING HOME

Here's updates on the July 20 Box Butte baby dump case. (Go directly below this entry for entries posted by Baby Love Child and me on the case).

Thursday and Friday news reports (here, here, and here) circulated that the biological parents of the newborn had contacted authorities as early as July 22, to see about the return of the infant.

Saturday, the Alliance Star Herald and Omaha World-Herald gave details. The papers report that on July 22, two days after the baby was left at Box Butte General Hospital, the mother, her relatives, and the baby's father contacted the hospital, asking for the baby's return. The baby had been put on a routine 48-hour hold and officials were preparing to release him to a foster-to-adopt family. HHS, consequently, decided to keep the baby for another night at the hospital where both parents visited him, and the mother cared and stayed with him.

Reports in both papers are substantially the same. The quote below is from the Alliance Star-Herald, a more detailed account than appears in the World-Herald:

The biological parents of a baby boy abandoned under the state’s Safe Haven Act had asked for the baby to be returned after changing their minds about surrendering the child under the state’s Safe Haven law, according to court documents filed in Box Butte County Court.

An aunt dropped off the baby boy July 20, according to officials with the Department of Health and Human Services. The baby was placed on a 48-hour hold by law enforcement, which is standard practice in cases until custody is established with the Nebraska Department of Health and Human Services.

According to an affidavit filed by a guardian ad litem assigned to the case, the mother of the child didn’t realize she was pregnant and gave birth to the infant in a bathtub of water. She sterilized a pair of scissors, cut the umbilical cord and used bobby pins to seal the ends. The mother reported that she was scared and didn’t know what to do next. She heard about the Safe Haven law and requested that her sister deliver the baby to the hospital.


Two days later, the biological mother and relatives contacted a Box Butte General Hospital official and said that the biological parents wanted the baby. The baby had been ready for release and HHS officials were in the process of placing the baby with a foster-adoption family.


On July 23, under a plan arranged by HHS, Box Butte County Judge Charles Plantz (left) granted legal custody to the agency while the parents undergo genetic testing and psychological assessment. Plantz made it clear in his order that HHS should proceed with its plan to place the baby with his biological mother while its investigation continues. The maternal grandmother is taking a leave of absence from her job to help care for the infant and his mother. The Star-Herald says the grandmother will move into the mother's home, but the Herald-World says the mother will move into the grandmother's home. The father will be allowed easy access to the infant.

According to court documents, Larry Miller, the baby's court appointed guardian ad litem said, "NDHS believes this arrangement will provide safety for the baby." Hospital officials filed an affidavit in which they said they believe it would be best for the mother and baby to be together so the mom could nurse and bond with him. (Note: court documents are not available to the public; information on them comes from news reports.)

The next hearing on the case is scheduled for August 18. The HHS name assigned to the baby, the names of the parents, and the initials used in the court proceedings have not been released. The current location of the baby is unclear, but it sounds like he is with his mother.

*****

Baby dump promoters and the press went into a dither when the baby, as per Unicam specification, was delivered in tact to Box Butte General Hospital on July 20 by someone identified and now verified as the baby's aunt (mother's sister).

Nebraska politicians such as Arnie Struthman (right) and associated baybee pimps like to brag to scared and uninformed suckers that legalized anonymous baby dumping is a no-muss-no-fuss-no-questions-asked-walk away-from-the-problem child surrender with no legal or social consequences. Apparently, these propagandists forgot to tell this to the Nebraska Department of Health and Human Services. HHS threw out a dragnet for the parents as soon as the baby was dropped of.

As I posted last week, HHS publicized far and wide:

It’s important to gather information like family medical history to meet this child’s current and future needs.

HHS spokesperson, Jeanne Atkinson went even farther. According to in the July 23 Omaha World-Herald:

A newborn dropped off this week under Nebraska's revised safe haven law might have to spend six months or more in foster care unless his parents can be found.State law allows courts to terminate parental rights after children have been abandoned for six months or more.That would free the infant boy, who was left at a western Nebraska hospital Monday evening, for adoption.Getting an adoption finalized could take additional time, said Jeanne Atkinson, a spokeswoman for the Nebraska Department of Health and Human Services.

See, the folks at HHS (for all their missteps during the late Nebraska Fiasco), know that "safe haven" is a spurious law that conflicts with all sorts of state and national child welfare laws and policies, not to mention professional child welfare standards and ethics, not to mention it's bad for the kid and its permanent legal disposition, not to mention it makes the state look like its turning its children into figili della Madonna. After the Nebraska Fiasco, any attempt at legal anonymous newborn dump and grab will raise questions and hackles.

When I first heard that the parents of Baby Box Butte had come forward (with no details) I thought either they (1) wanted to reclaim him or (2) wanted to make legal surrender and adoption proceedings easier. Scenario 1 is usually the case when parents come forward. They realize they panicked or were misinformed and want their baby back. In Scenario 2, parents realize they panicked or were misinformed and want to make a genuine adoption plan for the good of their child and themselves. In the nearly 10 years I've researched legalized dumping I have not found one single case where a parent or a family member who petitioned for return was denied.

I believe there are two reasons for this:

  • Child welfare workers by in large do not like "safe haven" laws and except when thwarted by legal anonymity laws that binds their hands, hold a higher child welfare standard than do politicians and amateur do-gooders via counseling, education, and informed consent whether the final decision of the parent(s) be reunification, kinship care, temporary foster care, or adoption.
  • The state fears if victims of "safe havening" are not returned, except for good cause, a parent or relative will seek legal redress. Since "safe haven" laws are already dancing on thin ice, the chance of overturning a law on constitutional grounds given the right circumstances in any state, is good. Not only would costly time-consuming litigation be necessary, but if the plaintiff were successful the entire law could be overturned, and adoption placements of safe havened children be vacated. If the case goes up the law ladder far enough, the entire Ponzi scheme could collapse throughout the country. Keeping families in tact post-dump, then, is simply utilitarian even if it is the right thing to do.
For more on the constitutional problems with "safe haven" read Erik L. Smith here and here.

Congratulations to Judge Plantz for the quick turnaround on this case and putting the skids on further harm to this family. I hope the soon-to-be permanently reunited family gets the support and assistance it needs, and that others who may be in similar circumstances study this cautionary tale and seek real help and support, not the state-facilitated political feel-good baby abandonment solution they will regret.

******

This seems as good a place as any to add this note.

I know that many find it difficult to believe that some pregnant women are unaware of their pregnancies. I've been less skeptical. I believe that sometimes women are in deep deep denial but in other cases they simply don't have regular pregnancy symptoms or are misdiagnosed.

A good friend of mine was 6 1/2 months pregnant before she was finally diagnosed. She had always been told she could not have children. When she exhibited pregnancy symptoms at least two OB-GYNs guaranteed her she was not pregnant. When she was referred to a specialist in a near-by town, guess what! Since then, I've been rather interested in this phenomena and always read articles on the subject when they pop up in the popular press. There is also quite a bit of academic literature on the subject. The truth is, undiagnosed and unknown pregnancy is not as rare as you'd think.

The Learning Channel
is currently running a show, I Didn't Know I was Pregnant. I watched several episodes last week. The women featured don't appear to be mentally disturbed or in deep denial. They are not baby dumpers or potential dumpers. The simply had little or no reason to suspect they were pregnant. The show's website features Top 10 Reasons Why Women Don't Know They are Pregnant, a succinct lay guide to undetected pregnancy.

Wednesday, July 22, 2009

Nebraska- first baby dump after the fiasco and age down

(Marley's piece directly beneath this post has initial details and important weblinks pertaining to this incident.)

Monday evening a baby boy was left at Box Butte General Hospital in Alliance under Nebraska's aged down new dump law created over the legislative special session. Nebraska law, originally accepted older kids, but was "aged down" in the wake of their "big kid" dump fiasco that made international headlines.

This marks the first legalized infant abandonment in Nebraska since the final "big kid" dump in late November '08.

Quoting Marley's piece,

According to Nebraska Health and Human Services Chief Executive Officer Kerry Winterer (RIP Todd Landry), in an HHS press release:

“It’s important to gather information like family medical history to meet this child’s current and future needs,” he said.

Officials asked that anyone with information call the HHS office in Gering at 308-436-6559, the Box Butte County Sheriff’s Office at 308-762-6464, the Alliance Police Department at 308-762-4955 or the Nebraska State Patrol at 308-632-1211.

While it appears the "fiasco" taught Nebraska at least a little about the vital importance of preserving at least a few scraps of information for the kid, clearly Nebraska has yet to learn the broader lesson:

EVERY SINGLE LEGALIZED CHILD ABANDONMENT MARKS A FAILURE:

  • a fundamental failure of the state to protect the long term interests and human rights of these kids.
  • A failure of the state to treat these instances as what they are, marking a crisis for the parent (s), be that psychological, economic, covering over traumatic events such as incest or domestic abuse, etc.
  • The state inexcusably providing what amounts to a "make it all just go away" vent, whereby underlying core issues, and genuine needs, are simply ignored. The kids themselves are left to deal with the legacy of such.

Monday marks yet another sad day, a day on which the State of Nebraska failed one of its most vulnerable and least able to protect their own interests, and a day when whatever family this child once had is left to disappear into shadows with their own lifetime's worth of a festering secret that can never be rectified.

Nebraska had an opportunity after seeing what legalized child dumping or what is oh so politely reframed as "safe haven," meant to those old enough to speak of their own experiences of being "legally abandoned." An opportunity to dismantle its dump system. Instead they chose to preserve it, aging down to those unable to speak about their own experiences. In essence, Nebraska found a way to silence its most directly affected and experienced critics, at least until they grow older, long after this crop of politicians leaves office.

No, this is not some "greater good," this is not a "save," nor should this act be celebrated. This is nothing more than rot from within. Shame on Nebraska for maintaining its system of secrets and lies, pushing the lifelong consequences of such down onto a newborn.

NEBRASKA GETS ITS FIRST POST-FIASCO DUMP--"NO QUESTIONS ASKED"

This morning The Omaha World-Herald and other Nebraska media (here and here) report that the state got its first "safe haven" catch since its new and improved law went into effect late last year. The baby, described as "a male Caucasian newborn less than 30 days of age" was dropped off by a family member at the Box Butte General Hospital in Alliance Monday night.

Nebraska's post-fiasco law permits designated dumpers to drop off babies 30 days and younger no questions asked.

Did we say no questions asked?

According to Nebraska Health and Human Services Chief Executive Officer Kerry Winterer (RIP Todd Landry), in an HHS press release:

“It’s important to gather information like family medical history to meet this child’s current and future needs,” he said.

Officials asked that anyone with information call the HHS office in Gering at 308-436-6559, the Box Butte County Sheriff’s Office at 308-762-6464, the Alliance Police Department at 308-762-4955 or the Nebraska State Patrol at 308-632-1211.

What ever happened to no shame, no blame, no name?

The press release does not appear on the state's "safe haven" page or HHS press release page. If and when it does, I'll link it here. I'll also update when Nebraska's self-servers comment on how they saved just one...

Alliance, Nebraska, population 8,959 (2000 census) is located in northwest Nebraska. Before it became Nebraska's first post-fiasco dumping ground it was known mainly for its replica of Stonehenge constructed from automobiles.


UPDATE: The HHS press release is now up. Click here.


Friday, March 27, 2009

STATON CASE CLOSED

Nebraska's biggest and most famious "safe haven" case is "officially" closed.

Yesterday, Gary Staton, 36, appeared before Douglas County Juvenile Court judge Elizabeth Crnkovich to settle guardianship of his two oldest sons, 16 and 17, "safe havened" last September at Creighton University Hospital during the Nebraska Fiasco. Crnkovich, who has worked with the family for the last six months, did not terminate Staton's parental rights, but appointed unnamed legal guardians for the boys " who are currently in foster care and attending high school together. Calling the Statons a "good family" Crnkovich told Gary Staton, "I've worked with you a long time and through that have known the challenges and have known the circumstances that brought us to this place... What you've done today, oddly enough is very generous."

On March 12, Staton voluntarily terminated parental rights to his seven youngest children, "safe havened" at the same time. Those children are currently living with his late wife's aunt in Lincoln. According to Action 3 News Omaha, she plans to adopt them.

After the hearing Action 3 decided to stalk Staton, forcing him to sneak out down the backstairs of his new house without comment. A reporter, however, managed to nail Staton's father-in-law, Jack Manzer, who said the kids are in school, making new friends, and doing OK.

"Any hard feelings toward Gary? I'd like if things would have come out better, but no he's their father and that's just the way it is."

If anything good came out of this case at all, it's that the Statons have been able to stay together, more or less, though I can't even imagine to begin to know how these kids feel.

I'll include additional details if they come out tomorrow.

In the meantime, still no expected newborns thrown into the maw.

Thursday, March 12, 2009

NEBRASKA FIASCO UPDATE: STATON TERMINATES RIGHTS; LANDRY OUT; DUMPEES STILL IN LIMBO

I've been collecting material to update the Nebraska Fiasco, but haven't had the time to put everything together. Since the big news on the Fiasco scene Monday was the termination of Gary Staton's parental rights, I'm catching up a bit here.


GARY STATON TERMINATES PARENTAL RIGHTS

According to Omaha Action 3 News, Gary Saton, 36, the widower who "safe havened 9 of his 10 children (the oldest is a legal adult) at Creighton University Medical Center last September, went to court Monday (March 9) to formally terminate his parental rights. Since their abandonment, the seven youngest children, ages 2-15, have been living with an aunt (sometimes described as a great aunt) in Lincoln who will remain their legal guardian until each turns 19. The two oldest boys are, at their own request, living in foster care in Omaha so they can finish high school together. Staton was granted visitation. He planned to visit his former family in Lincoln Monday evening. No word otherwise, on Staton's current situation except he has moved from the family's home which has been condemned by the city.

Last October, a week after their "legal abandonment" and placement in Lincoln, the seven youngest Statons became the subject of a tug-of-war between their aunt/ HHS and their court appointed advocate, Thomas Incontro. Douglas County Juvenile Court Judge Elizabeth Crnkovich (otherwise a voice of reason during the Nebraska Fiasco) found the placement inappropriate after Incontro complained that some of the kids, living with the aunt only a couple of days, were sleeping on air mattresses or sharing mattress on the floor, none had been enrolled in a new school, and the state wasn't "helping enough."

To hear Mr. Incontro and Judge Crnkovich talk (she reportedly said the children were in "unlivable conditions), you'd think we are all be prepared for the sudden arrival of seven abandoned children into our homes, complete with beds, therapists and school supplies. I bet Incontro and Crnkovich are!

This nuttery is from an October 1, 2008 broadcast on KETV:

The Lancaster County judge ordered the children removed because their aunt's home didn't have enough room for them.

Three of the kids were sleeping on the same mattress and two others shared an air mattress. None of them are in school because they have moved to a different county, said their attorney, Tom Incontro.

"They wanted to stay together and they wanted to stay with family," said Todd Landry, the Director of Health and Human Services. "We had a safe family member they could go to on a short term basis."Health and Human Services workers checked out the children's great aunt and found the home was too small to house seven children."We knew they were going to, very temporarily, on a very short term basis, be sharing a bed," Landry said

Incontro said in court Wednesday that the aunt who stepped forward to help the kids is not prepared to care for them. Judge Elizabeth Crnkovich ordered them to be moved by the end of the day.

"I think we might have rushed this a bit," Incontro said. "I think in this case we hurried up, got that done and didn't put into place the things the kids need immediately."

But later Wednesday, the Department of Health and Humans Services appealed the judge's decision, saying it's in the kids' best interest to stay together and live with a relative who cares about them

"They are happy to be together with family," said Landry.

The Staton kids again have been shuffled into foster care, which is where they started after their father, Gary Staton, dropped them off at Creighton University Medical Center last week. Staton avoided charges because his actions were protected under Nebraska's controversial Safe Haven law."It bothers me," Incontro said. "The kids went back to family, now may not be with family for a few days, and that concerns me. But if it's not appropriate, it's not appropriate."

Compare these two:

Todd Landry: They wanted to stay together and they wanted to stay with family. We had a safe family member they could go to on a short term basis...They are happy to be together with family."

Thomas Incontro "I think in this case we hurried up, got that done and didn't put into place the things the kids need immediately."

Let's get this straight. We are not talking about long-term deprivation, but emergency shelter for a family of seven abandoned children, suddenly separated from their father and 3 older siblings, and whose mother is dead, According to the child advocate and judge, it is more important for children to sleep in their "own" beds in strangers' homes immediately after a family tragedy, than remain together in safe surroundings with a loving family member. Air mattresses! Oh my! Did neither Incontro of Crmkovich go to college?

Just before Christmas, Judge Crmkovich reversed her order after DHS and the aunt improved the "living" situation and the Staton kids were given into their aunt's custody. Gary Staton never showed an interest in regaining custody, though he has attended hearings, therapy sessions and stayed in contact with the kids.

TODD WE HARDLY KNEW YE: TODD LANDRY HEADS TO TEXAS
To no one's surprise, Todd Landry, director of Nebraska's Children and Family Services, and the official state voice of the Nebraska Fiasco, has announced he will soon depart for more friendly climes...or as he puts it "I have a great opportunity come my way, and I decided it was the best thing for me and my family." No doubt.

On April 1, Landry will become the executive director of the Lena Pope Home a private child and family agency in Fort Worth, Texas. He served well, if not so wisely, in Nebraska for 20 months.

Back in September 2008, Landry gained the opprobrium of stressed-out parents, under-staffed professionals, and shocked-I-tell-you-shocked politicians with his "insensitive" statements about the state's big kid dumpers. As soon as Landry released the dubiously titled, Safe Haven Law Does Not Absolve Parents of Responsibility press release and made subsequent public comments implying that dumpers are lazy, irresponsible, and immature, I figured he was out.

Now that Landry is on the last train to Fort Worth, pols who made the mess he was charged with covering up and cleaning up, are weeping copious crocodile tears:

Sen. Tim Gray chair of the Health and Human Service Committee called Landry's departure "a loss for Nebraska."

"Sen. Amanda Gill, head of the task force looking into issues related to "safe haven" law, although critical of Landry during the Fiasco, praised him for his current cooperation in finding ways to help troubled children.

Sen. Gwen Howard, who could hardly keep her socks on during the Fiasco, told the press, "The safe-haven issue was certainly difficult for everyone. I do believe that Todd Landry wanted to do a good job."

Nobody, of course, has complained that on Landry's watch the state collected $273 million in child support payments, an all-time high. But, then, enforcing child support doesn't make the Unicam look stupid.

Landry should write a book: 20 Months of Nebraska Hell: My Life as Collateral Damage

WHERE ARE THEY NOW?
Despite their protests that Nebraska's "safe haven" was their last resort and they wanted their kids back...., here's a rundown from yesterday' Omaha World-Hearld on other cases. No names published:

  • Ten parents are participating in Juvenile Court proceedings and services in the hope of getting their children returned.
  • Seven other parents or guardians have not attended court hearings to pursue being reunited with the children. Prosecutors probably will try to terminate their parental rights.
  • Two people rescinded legal guardianships, but in both cases, the biological parents had not had their rights terminated. At least one parent in each case has been involved in court.
The paper reported on February 1 that 29 big kid dumpees remained in foster care, 6 were returned to their home states, and 1 had returned home.

Oh, and in case anybody is wondering, not one glassy-eyed, desperate mother has wandered into any Nebraska hospital since its new and improved law went into effect to save her "unwanted newborn" from the trash.. Nor has any newborn been dumpsterized. Obviously, somebody's not doing their job!

Saturday, January 3, 2009

FAMILY UNFRIENDLY NEBRASKA: NO SHAME, BUT PLENTY OF BLAME AND NAMES

NO! CHILDREN OF THE CORN ISN'T GOING AWAY!

From the same folks who last fall brought us at least 50 abandoned and traumatized teens and pre-teens via their "unique safe haven law" comes the news that the majority of Nebraska senators responding to a pre-session poll by the Associated Press, would support a measure to ban abortion in the state. Most support an exception for rape, incest, or the health of the woman, but four reject all exceptions.

According to an article in the December 31 Beatrice Daily Sun:

23 Nebraska state senators [out of the 40 who responded] said they would back such a ban. That's despite the precedence of Roe vs. Wade, the landmark 1973 U.S. Supreme Court decision that established a woman's right to have an abortion.

The full AP survey has not been released. According to a commenter named "Eric" on Kyle Michaelis' New Nebraska Network blog The Coat Hanger Caucus: Almost 1/2 of senators support abortion ban (December 30) Senators Adams, Carlson, Coash, Cornett, Flood, Fulton, Gay, Gloor, Hadley, Hansen, Harms, Heidemann, Janssen, Karpisek, Langemeier, McCoy, Nelson, Pankonin, Pirsch, Schilz, Stuthman, Utter, and Wightman indicated they would support a ban on abortion. "Eric" speculates from past record that Senators Ashford, Christensen, Dierks, Dubas, Fischer, Friend, Giese, Lathrop, Lautenbaugh, Louden, Mello, Nordquist, Pahls, Price, Sullivan, and Wallman would also most likely support some type of ban.

Here's where it gets interesting. In another AP poll of senators published in the December 24, 2008 Lincoln Journal Star, In the wake of the recent changes to Nebraska’s safe-haven law, do you feel the state needs to increase services for older children with behavioral problems?, anti-abortion Senators Janssen and McCoy said "No" and anti-abortion Senators Flood, Gloor, Langemeier, Pankonin, Pirsch, Schilz, Stuthman, and Utter declared themselves "Unsure." Speculative abortion-ban Senators Ashford, Friend, Louden, and Schilz also declared themselves "Unsure." Stuthman, who fought to the bitter end the November Special Session of the Unicam to revisit the "unique"kid dump law he sponsored that made Nebraska the laughing stock of the country, said he was unsure if additional services were needed because, "We need to make sure that the services that we have are being utilized."

And for sheer audacity: Stuthman and "Unsure" Senator Pankonin at the time the "safe haven" poll was published, were members of the Children in Crisis Task Force. The task force formed by Governor Dave Heineman, after Stuthman's "unique" law was replaced with one that limited dumpees to the age of 30 days, was charged with finding a solution--in three meetings--to problems exposed by the old "safe haven" law which Stuthman held so dear to his heart. Senator McGill, who chaired the task force skipped the question.

Apparently these senators dozed through the Nebraska Fiasco and the testimonies of dozens of Nebraskans who made their lock-out of putative in-place state and private social services up close and personal during the Unicam Special Session. I hope those parents and guardians who bussed in and knocked on the statehouse door didn't expect the task force to actually do something other than bloviate out their nose. A task force, after all, is where politicians safe haven their political asses. If it saves just one.

I wrote the following about"unsure" and family unfriendly Senator Pete Pirsch back in September when Big Kids began to clog up ERs. Pete proudly opposes abortion, thinks teen dumps are inconvenient but OK if they save a baby someplace else, and can't figure out if Nebraska's child welfare system is broken enough yet to warrant a second look--at least from him:

According to Sen. Pete Persch in an August 15, 2008 article in stateline.org, the only way Nebraska "safe haven" pimps could get their bill passed was to expand the already crazy template of newborn abandonment to an even crazier law to legalize all child abandonment:

State Sen. Pete Pirsch, whose compromise amendment eventually became the law, said using the broad language was intentional, because several senators felt strongly that the safe haven protection needed to be extended to all children. Unaware that language has consequences.

Pirsch continued to bray on:


In my opinion, the need to pass a safe haven bill outweighed the need for perfect language,” “The risk to babies’ lives far outweighed the possibility of a few inconvenient circumstances with older children.
No AP abortion questionnaire comment by Pirsch was published , but dump pusher Tony Fulton's response is quoted in the Beatrice Sun :

Direct abortion is the purposeful taking of innocent human life, and unintended consequences are psychological, emotional and spiritual harm to the mother.

There are also far-reaching physical consequences suffered by the unsuspecting mother. If the courts overturn Roe, Nebraska should follow suit and redouble our efforts to help desperate mothers who may be in situations contemplating abortion.

No help for "desperate mothers who may be contemplating "safe havening" their babies, though. (What is an "unsuspecting mother," anyway?) I guess to these jokers dumping off Big Kids or even small ones you're not quite attached to yet, does no "psychological, emotional" and spiritual harm" to mother or child as long as it's done with the legislature's friendly facilitation as we had this last fall.

Here's what Lavennia Coover (below) wrote in the October 4, 2008 Omaha World-Hearld after she was virtually thrown out of Immanuel Hospital when she "safe havened" her mentally ill son Skyler in a last ditch attempt to get help for him:

While I was at the hospital I had to request to speak with the social worker on duty at the hospital . I also spoke to the police and the intake nurse for child and adolescents. During the time I was at the hospital trying to give all the information that I felt was needed to ensure my child got the help he desperately needed, and told the staff that if they needed anything else to please call me, because I was trying to do was get the help my child needed,and and staff continually telling me I could leave now! I gave my name and phone numbers and told the staff that if they needed anything else to please call me, because all I was trying to do was get the help my child needed and was unavailable to us in the area of Nebraska where we lived. Todd Reckling (administrator of Nebraska's Office of Protection and Safety) also stated to me that I would be contacted within 48 hours of the whereabouts of my child and the next steps. It has been four days and I have not heard anything and when I try to find out I am not able to get any information. ...

...the help my family received from the state was as follows: the state took custody of my child. I was told I was a worthless parent and the judge didn't know if I deserved my other two children...

Coover, a law abiding school teacher who thought the "safe haven law" actually meant what it said, was later charged with neglect. Her case is pending.

There is no talk of an abortion ban being introduced in the Unicam this coming session, but it doesn't take a Cornhusker English Department POMO to deconstruct that baby dump 2.0 could be one of those "efforts" to help desperate mothers" contemplating abortion, even though abortion is perfectly legal and is not an issue for women who dump who often don't even acknowledge they're pregnant.

As for the task force, not much has been written. The Kearney Hub reported that a December 1 meeting was "productive" according to people who attended. Task Force chair Senator Amanda McGill said, "the group spent the day talking about and suggesting possible solutions to the problems facing children with behavioral, mental and emotional problems." Most ideas, she said centered around four themes: access to services, resources, early intervention, and crisis management. No word on the second meeting, but the third was canceled due to "bad weather."A "legislative proposal" is pending.

The December 28, 2008, Omaha World Hearld published an extremely long and enlightening article, Nebraska system leaves many frustrated in search for mental health treatment which lays much of the blame for the run-up (and presumed continuation) to the Nebraska Fiasco on the lack of intensive mental health services for Nebraska's wards at the door of Magellan Behavioral Health, the state's private HMO that determines who gets what treatment in the state's foster care system. As the gatekeeper, it pinches the state's pennies and remains a mystery, even to juvenile court judges. Undoubtedly your own state has similar blockages to quality intensive care for the mentally ill caught in the child welfare system.

The January 2 Gothenburg Times reports that any attempt to fund much of anything new will get the cold shoulder when the Unicam meets next week. The problem: The state's projected $377 million gap between anticipated tax revenue and spending.

Now that the Nebraska Fiasco is but a sordid memory it's business as usual.

******

There is no good way to work the into the above blog, but I wanted to include it here as a extended addenda that brings some of the Nebraska Fiasco into context.

Kyle Michaelis also wrote a blog highly critical of Governor Dave Heineman, which I didn't see until today, holding the governor personally responsible for the Nebraska Fiasco: Does Dave Heineman Deserve Blame for the Safe Haven Debacle? Here is a portion:

The dilemmas raised by this whole situation have been numerous and ugly. The one thing they all have in common is that they've made Nebraska look very bad. Unfortunately, most of the mockery and scorn has been directed at our state legislature. That's extremely unfair, especially since
it was Heineman who signed the bill into law and who later delayed in calling a special session while the situation grew into a genuine crisis.

Of course, it's unfair to point a finger at any one person for a bill that passed the legislature with only one dissenting vote. But, Heineman gave the final go-ahead and hasn't been held to account in the sligthest - even though he admitted to its flaws upon the bill's signing on February 13th, 2008.

Gov. Dave Heineman signed the state's safe haven bill late Wednesday morning, though he said he has some misgivings about the broad nature of the Nebraska measure....

"Yes, I am going to sign it. Yes, I have some concern," Heineman said during a Wednesday morning news conference. "We have decided to expand beyond infants."

But senators can make adjustments to the law in future years if problems develop, he said.

This wasn't some unforeseen consequence. Heineman recognized the possibility that we'd see precisely what came to pass, and he signed the legislation anyways. Every time one of those children has been dropped off, it's been Heineman's safe haven in action...

...Recognizing that so many parents and guardians could be brought to such a desperate act as abandoning their children, Heineman might have embraced this incredible responsibility he'd helped thrust upon the state. Instead, his only focus has been personally avoiding the political consequences without any apparent compassion for the suffering and frustration that have become increasingly evident in so many Nebraska families.

Michaelis closes with these observations which are relevant to the Nebraska Fiasco

...Anyone that has been working directly with this issue could have told Landry and Heineman, but they didn't want to listen. I remember about 3 years ago, Heineman wanted to reduce the number of children in foster care because Nebraska had the highest per-capita rate. Result? All of his hacks set out to reduce those numbers NOT by finding ways to be proactive. Nope. They actually CUT OUT voluntary cases, and then required us Case Managers to start writing up fewer case plan goals. Say, for example, if a child was removed because a dirty house (we're talking cockroaches everywhere, animal feces on the floor, no food in the house, etc). We find out after the removal the parent is doing drugs, and that's why they can't take care of themselves let alone their home and their kid. Sorry, but we could no longer address drug use. If we could get them to clean up the home to an acceptable level, we'd put the kid back right away, and maybe not even persue a case beyond the initial hearing. Did it correct the real problem? Nope. But it sure got those numbers down for Dave Heineman.

Who knew Nebraska was so family unfriendly?

Saturday, December 27, 2008

FATHER FLANIGAN DROPS OFF ORPHANS: ABSOLUTELY GIDDDY"

Catching up on today's abandoned babies stories, I found Police search for abandoned infant's mom in today's Chicago Sun-Times, a follow-up on a newborn recently discovered in the unheated vestibule of an Uptown apartment building. Thankfully, the baby is doing fine.

But at the very bottom of the article under "Related Blogs"this gem, dated November 17, 2008 is linked to the story courtesy of Carbolic Smoke Blog: Number of children abandoned under Nebraska's safe haven law jumps from 34 to 852 when Father Flanagan drops off orphans from Boys Town at local hospital.

Witnesses say Flanagan was “downright giddy,” rubbing his hands together and laughing. He told befuddled hospital workers that “the kids are your responsibility now. It was either this or bankruptcy, so they boys had to go. This will give me a chance to reorganize and turn Boys Town into something profitable, like a Walgreens.

I'll have some genuine good news from the Nebraska Fiasco up this weekend.

Wednesday, December 10, 2008

Announcing SECA- Stop Encouraging Child Abandonment, working to repeal the legalized child abandonment laws

(Please distribute freely, keeping links intact.)

Last Friday, December 5th, 2008, the SECA web-page finally went live. (http://www.stopdumpingkids.com/)

SECA, short for “Stop Encouraging Child Abandonment,” is a concept that has been a long time coming.

From the first of the legalized child abandonment laws passed in 1999 until now, efforts to repeal and stop the dump laws have suffered from a lack of an alliance dedicated to focusing primarily on the issue.

Before SECA, responses to dump laws had been piecemeal, portions of existing organizations’ broader missions. Over the years numerous organizations have opposed and testified against the legalization of child abandonment, and individuals have contacted legislators and worked against legalized child dumping. But, there had been no one place dedicated to dismantling the evolving child abandonment infrastructure.

Thus, SECA has finally been created.

Stop Encouraging Child Abandonment works toward nothing less than the full and permanent repeal of laws that legalize child abandonment.

We feel it is not the proper role of any government to encourage child abandonment as policy.

We approach this work firmly grounded in a human/civil/identity rights perspective. We support kids, women, and reproductive autonomy.

The need for SECA had become apparent over the past nine years, but the child welfare crisis in Nebraska with its law legalizing the abandonment of older children finally made it clear to the broader public, a formalized response to legalized child dumping is necessary.

Since the beginning, the consequences of such laws have been clear to those of us “in the field.” With bills rushed through state legislatures and policy and legal criticisms by and large dismissed, the general public simply never had reason to even think about the consequences of “safe haven” laws. Most people had never heard the voice of a kid who had been legally dumped. They had never seen the desperation of mothers and families utilizing the legalized abandonment laws.

Nebraska changed everything.

Nebraska’s older kid dumps, and the state’s eventual age down of eligible dumpees from 18-year olds to those 30 days and younger has solved nothing. It has merely attempted to put off dealing with the inevitable consequences “safe haven” laws create until the infants abandoned under the new law grow old enough to speak for themselves.

The child welfare abandonment disaster across the United States, legalized everywhere except Washington DC., is far from over. It is just beginning.

Out of that context, SECA was born, not so much a formal organization, for now more of a collective voice of allies, organizations, bloggers, and individuals among others working together towards the repeal of the dump laws.

If you are interested in working against the legalized child abandonment laws, or already are, SECA can serve as a resource in that work.

We can be contacted through the SECA contact page.

Wednesday, November 26, 2008

SCAVENGERS LAND IN LINCOLN, OMAHA!

The scavengers landed in Lincoln last Friday.

Baby Safe Haven New England's Jean and Mike Morrisey, and their teen baby dump diva Renee Marcou pecked their way into the zippity-do-dah session of the Unicam, where leggies couldn't wait to pass LB 1, normalize child abandonment, and be out the door. Here's a picture of Mrs. Morrisey in her notorious white suit, "safe haven" spokesinger Ms. Marcou, and Sen. Arnie Struthman, who started the whole Nebraska Fiasco with LB 157. From the look on Struthman's face, he can die a happy man now. It's not everyday a fella can wreck his state's child welfare system AND get a thankful hug from an up-and-coming pop star hottie. Maybe they submitted testimony, twisted arms, or wagged appropriate cleavage behind closed doors, but neither the Morriseys nor Marcou testified during the Special Session, That would hardly keep them from the photo op, though. with the hint that they were important players in baby dump 2.0

According to a thinly veiled press release distributed by Baby Safe Haven Maharishi Mike Morrisey. (compare the November 23 press release on Marcou's MySpace blog page to the article in the November 25 edition of Marcou's hometown paper, the Wilmington Advocate-- embedded music video of her new release "Don't Let Go" included), Marcou was "asked" to travel to Lincoln and Omaha to "continue her [Baby Safe Haven] public awareness radio tour." Who invited her isn't revealed. We can guess.

This isn't the fist time the Ms have trolled through corn country. You can listen to a radio show with Mike on KLIN-AM back in September 2007, where he talks about Nebraska's baby abandonment "epidemic" and gives instructions on how to squeeze city councils to pressure the Unicam to keep up with the Joneses. Marcou has been hip-hopping all over New England at the behest of BSH (doncha just love that acronym?) spreading the joy to teenage girls who Marcou says she can relate to and communicate with. "I have seen the panic and know that things happen."

The media hound Morriseys hitched their wagon to Marcou's star about a year ago. It has been mutually beneficial. According to the press release, the spokessinger has made over 30 TV and radio appearances for "Baby Safe Haven New England" since then. Go over to My Space Baby Safe Haven and click on "videos" for an entire BSH-Marcou docudrama. Nothing sells records like dead babies.

During her whirlwind tour of Nebraska, Marcou dropped by the Koby Mach show on KLIN. Koby wasn't there, but Kevin Thomas was. In a nearly 6 minute interview, Marcou cluelessly discussed the corporate pop, politics. and cultural co-option nexus of which she is the culmination (so far) that the Morriseys constructed starting in 2004-2005 with their unforgettable Baby Safe Haven Rap and attempted recruitment of teens into their midlife crisis. What happened to the BSH ring tone? I wanted one. I am, however, the proud owner of a BSH t-shirt, gifted me by Jean Morrisey herself, during an encounter on Beacon Hill.

THE INTERVIEW
THOMAS: You predominantly started in the northeastern part of the country. How did you get in to the "baby safe haven" issue?

MARCOU
Well, the directors of Baby Safe Haven New England reached out to me through an interview they had saw me on and wanted to know if I was interested. And, of course, I jumped right on it. You know, anything with a powerful message I like to be a part of. So--And I truly believe in it.

THOMAS:
How long have you been in involved?

MARCOU
Just about a year now.

THOMAS;
And so when you go to radio stations and televisions stations--particularly in New England and now branching out to other parts of the country, as well--I know you were talking about Hawai'i a little bit earlier When you go to places like that, you are somewhat at home behind a microphone. Tell us, about your background first.

MARCOU:
Well, I am a singer and a songwriter, so I'm pursuing a music career. I've been-- I've been doing that for so many years. I'm releasing an album coming out soon, and I really just got involved with the Baby Safe Haven Law about a year ago, you know. I want to grow with it and have it grow with my career as well.

and later, still trying to get an answer:

THOMAS: I'm a little curious as to how a pop singer/songwriter got involved in this. I know they contacted you, but what inside you made you get involved?

MARCOU:
You know, it's obviously a good cause. I really believe in it. There's a powerful message, you know. As I'm growing as a singer, I hope that that this law will be able to grow with me and eventually be doing tours, you know all radio stations all over the country.

Through all that we still don't know why Ms. Marcou is engaged in promoting child abuse through abandonment, identity erasure, abrogation of parental rights, and an end run around best practice child welfare and adoption. We have no idea what she finds appealing about secret pregnancy and nobody-will-ever-have-to-know unattended birth. But it's a great career builder! After all, how many radio stations would have let her through the door without the BSH imprimatur?

MORAL PANIC
That Ms. Marcou and her scavenger mentors are flitting cross Nebraska's airwaves urging young women to secretly drop their newborns into the OFFICIAL STATE DUMPSTER is... well...crazy!

Nebraskans don't dump their babies. In 12 years (1996-present) there were 5 reported cases of live newborn abandonment (2-3 left in relatively safe places) in Nebraska, 1 hospital abandonment, and 1 dead abandoned newborn, cause of death undetermined.

In the four months that Nebraska's "unique safe haven law" was in force, at least 50 cases of Big Kid abandonment or attempted abandonment were reported. More have probably been disappeared from the records. Absolutely no newborns were dropped off. And you can't say nobody knew about the law.

You can almost feel the hot tears of frustration: nobody, legally or illegally, dumped their newborn while the old law was in place.

Sen. Ernie Chambers (l) feels their pain,too. Chambers, opposed to any kind of legal child dumping, made possibly the most astute comment throughout the Special Session when he opined "toot-toot" as the safe haven train rushed down the track. Chambers told the Judiciary Committee that he could be guarantee that no newborns would be dumped in the state before the start of the regular Unicam session in January 2009. Maybe even longer. But the Monday Lincoln Journal Star reported in a frontpage puff piece on Marcou and the Morrisesys that "safe haven advocates say it's a real threat."

Damn it! Dump those babies now!

Marcou's new CD is out, and her album, "Don't Let Go" will be released soon. Her two singles have gotten a lot of play: Collide, about a female sexual predator picking up a one night stand and Don't Let Go which includes the words:

When everything inside ya tells you
Don't let go
Don't let your love slip away
How could you let her go?...

...Hold on
Hold on
Hold on to me
Hold on
How do I get through to you?
Hold on
Hold on
Hold on
Don't, don't run away
Don't leave me here without your love

Who says baby dumpers don't to irony?

Or maybe they're a thick as a brick

Closed Courtrooms, Closed Processes, & Potentially, Retro-active Records Scrubbing

So Monday, in what could set a pattern for the "safe haven" cases, the court hearing for the first of the abandonment cases disappeared into a closed court session.

Nebraska, having non-anonymous legalized child abandonment, now appears to want things closed on the back end, in the court hearings.

Clearly this is more of the state attempting to cover its own ass than any genuine privacy concerns as the names of both the parents and the kids are not merely in the public record, but some parents have come forward to the media doing interviews and using their children's names on Television and in print media.

None-the-less, yesterday Douglas County Juvenile Court Judge Douglas Johnson took the "rare" step of closing the hearing. No reason was given for having done so.

This particular case, dating back to September 1rst is not counted among the official Nebraska DHHS "safe haven" cases, as the boy was left off at a police station. Police stations are not state designated dump sites. The boy was however, placed in foster care following the abandonment, so he was certainly no less dumped than any of the other kids.

Not only is his case not among the officially state recognized "safe haven" statistics, but now his court proceedings have gone behind closed doors as well.

See Judge closes hearing over teen left by mother at police station:
In a rare decision, a Douglas County judge closed a court hearing Monday in a case related to the Nebraska safe haven law.

The hearing was for a 14-year-old boy whose mother left him Sept. 1 at the Omaha Police Department, mistakenly thinking that it qualified as a "safe haven.''

His mother was expected to enter a plea to an allegation that she neglected the boy by leaving him at the police station.

When the hearing was about to start, attorneys approached the bench to speak privately with Douglas County Juvenile Court Judge Douglas Johnson, who then announced that he was closing the hearing.

No written motion was filed, and no reason was given for the decision.
Fortunately, the Omaha World-Herald is still paying attention.

Unlike most of the rest of the world who seem to think the situation is now 'resolved' and attention can now shift elsewhere, the World-Herald staff appear to understand what a unique situation the Nebraska legislators and Governor created by passing their "child" abandonment law, and they continue to keep a watchful eye (as best they can what with closed hearings and all) despite the roadblocks thrown in their way.
The World-Herald objected in court and requested a delay to consult with its attorneys.

Johnson would not delay the hearing, saying it was important to expedite the case for the child's sake.

"What an unfortunate decision,'' World-Herald Executive Editor Mike Reilly said. "The U.S. Constitution, Nebraska statutes and common law all call for the public's courtrooms to remain open to the public. Exceptions are to be made only through a public hearing process that was flouted here without explanation.''
In short, to whatever extent, the World Herald staff 'get it'. They understand that secret hearings on cases Nebraska would far rather just go away, far from the public's gaze are not an acceptable outcome.
The World-Herald is continuing to follow safe haven cases through those proceedings in order to educate the public about the law and its ramifications.
Perhaps the paper, like those of us who have been nose down in the details of these cases have come to understand that what happened in Nebraska was extraordinary, and that the ongoing child welfare mess on the back is likewise extraordinary.

Certainly most of these kids who were legally abandoned would most likely not have been were it not for the actions of Nebraska lawmakers. Much as the world's attention is easily distracted, for some of us these kids are not to be forgotten.

Their ordeal, far beyond the mere act of being "legally abandoned" is ongoing. Their cases are only now beginning their journey of winding through the courts. Their custody issues and situational stability are still very much up in the air.

To the paper's credit, they understand that the issues these kids face didn't fade just because much of the media glare has moved on.

The World-Herald is also fighting for open hearings in the Gary Staton case. This will be particularly critical as the Staton kids are also at the heart of what may well be the first Indian Child Welfare Act (ICWA) claim in relation to any state's "safe haven" law.

Equally critically important, Nebraska DHHS has filed a motion to retro-actively strip identifying information out of public documents.

This would create the first retro-active removal of information already in the public record relating to kids dumped under the law, in essence, a form of after the fact anonymity, something the Nebraska lawmakers did not write into the law in the first place.

The DHHS is doing an end run after the fact, attempting to obliterate information already in the public record by way of the courts.
The World-Herald also is fighting efforts to close a hearing in one of the official safe haven cases.

That case involves a father who left his nine children at a hospital under the safe haven law. The case increased national publicity about the safe haven law.

An HHS attorney filed a motion to close an Oct. 8 hearing a day before the hearing and requested that identifying information about the children and witnesses be removed from public documents.

The HHS attorney argued that the children's need for privacy outweighed the public's interest.

The World-Herald argued that access serves an important function to provide information about the cases. Additionally, family members have granted press interviews.

That decision is on hold while HHS is appealing another issue in the case.
Back in the September 1rst case, we see precisely what Marley and I have been writing about, when one parent dumps a kid, the other parent's parental rights are trampled. Now it appears the boy's father hopes to gain custody.
In the police station case, the guardian ad litem filed a motion last week requesting that visits between the teen and his mother be suspended temporarily at the suggestion of the boy's therapist.

Action on that motion took place during the closed hearing.

The court's order detailing the mother's plea and any required services for her, determined during the closed hearing, was unavailable by the time the court closed for the day.

Johnson commended the mother for making positive progress.

A portion of the hearing about the boy's father was held in open court.

The couple are divorced, and the mother had legal custody of the teen.

The father has been visiting his son, and HHS workers recommended making those visits unsupervised.

The father's lawyer said he hopes that the teen can live with him.
This morning, the Omaha World-Herald published another article about the closed hearings, Bruning upset haven hearing closed:
Nebraska Attorney General Jon Bruning on Tuesday told lawyers for the State Department of Health and Human Services that they may not file motions to close hearings or seal evidence from the public without his consent, which he expects to be rare.

"I can't foresee a circumstance where that would be necessary," he said.

Bruning learned about the issue Tuesday through a World-Herald story about efforts to close two juvenile court hearings related to the safe haven law.

"The state's interest is that the public know everything we're doing," Bruning said. "That's what's going to rule the day at the end, even when the state business is a bit messy and less than pleasant, as it has been in these safe haven cases. It brings up difficult realities."

Juvenile court hearings are typically public and part of the usual process when a child is placed in foster care.
Then we learn
Juvenile Court Judge Douglas Johnson closed the hearing thinking that the boy abandoned at the police station was a safe haven case, which clearly, according to Nebraska DHHS it never was.

This is remarkable, as it means even judges hearing these cases are unaware that some of these cases never qualified as "safe haven" cases:
Douglas County Juvenile Court Judge Douglas Johnson closed a hearing Monday about a 14-year-old boy whose mother left him Sept. 1 at an Omaha police station, mistakenly believing that it qualified as a "safe haven."
Clearly when it comes to the court phase, a ghost in the machine dump such as the September 1rst case is being treated as if they are official "safe haven" case. They're all lumped together for the judge hearing the case.

If even the judges hearing the cases can't distinguish those that are 'official' vs. those that never met the Nebraska legal guidelines, then where are we?

In any case, Attorney General Bruning said the closed hearing didn't come as a result of a DHHS motion:
Bruning said Tuesday that the HHS attorney, John Baker, did not make the motion to close the hearing.
As for keeping the public record intact, the World-Herald brings up an interesting recent Nebraska precedent:
In the other case, an HHS motion is pending to close a hearing and remove identifying information from court records in the case of a father who left his nine children.

Jodi Fenner, HHS chief legal counsel, argued in court documents that the children's need for privacy outweighs the public's interest.

The World-Herald argued that access serves an important function to provide information about the cases.

Baker of HHS also argued extensively in December against the release of juvenile court exhibits about Robert Hawkins, the 19-year-old who killed eight people and himself a year ago at the Von Maur department store.

Sarpy County Juvenile Court Judge Robert O'Neal released the records, compiled when Hawkins was a state ward to receive mental health services as a teen.

Tuesday, November 25, 2008

Yolo County California teen dumped was another adoptee

I wanted to include a few more links about the boy from Davis in Yolo County, California who was dumped Friday before Governor Heineman signed the 30 day limit into law. I blogged about his case very briefly at the time, Squeaking in under the wire, another big kid safe haven dump.

Keep in mind, this was the roughly 16 hour drive from near Sacramento California to the Southwestern-most corner of Nebraska, and Kimball County Hospital . Basically a 'cross the state line and dump him quick before the law changes' dump.

Nebraska DHHS has their press release about his case from the 22nd. They label him the 36th case in the official statistics (link opens a PDF.)

Our unofficial stats
, find him somewhere closer to at least number 47. (We feel secure in saying even our estimates are low.)

He is now in the process of being sent back to California.

These first two articles go into a little bit of detail about the way in which he was dumped:

Nebraska to send back abandoned Davis teen

She told the boy to pack his bags, and with her oldest son and a friend, drove all night.

Only when they were at the hospital did she tell her son she was leaving him there.

She said the boy got out of the car and walked into the hospital without looking back.

The woman said she had expected to feel relief but instead felt "sick to my stomach."

and

California 'haven' teen being sent back
The mother didn't stay long after reaching the Kimball hospital, local officials said.

She left "as soon as she dropped him off," said Kimball County Attorney Dave Wilson.
Interestingly, there is no word about whether the Mother went in with him to dump him or not.

If not, would he have otherwise been another self "haven" wherein the kid shows up without a designated dumper?

I'll be keeping my eye out for more details on this, as Nebraska has refused to accept self "haven" cases in the past as part of the official "safe haven" program. I'm wondering if an exception was made for this boy as they had traveled so far.

The following article (& videos) lay out the woman who adopted him's side of the story. (Legally, she's his "adoptive mother.")

Yolo Mom Who Abandoned Boy In Nebraska Speaks Out
Lori says she struggled to raise Kevin ever since taking him in as a foster child at age four.
(He had reached 14 by the time he was dumped.)

Be sure to see the 3 videos connected to this last piece. In one, the woman claims she was unaware that Friday was the last day before the law was set to age down, she thought it was going to change at the end of the month. (Note that at the end of this video segment, the California law is erroneously described as being for infants 14 days and younger, California's legalized abandonment law actually only applies to infants 3 days old or less.)

Despite her promise:
She told Kevin, her 14-year-old son, "if you walk into this hospital, they will find a home for you."
Odds are pretty slim a 14 year old with a so called "troubled past" is going to be adopted by someone new anytime soon. He has been in Nebraska foster care for the last few days as preparations were being made to ship him back to California.

This final article confirms his adopted status:

Davis mother drops kid off in Nebraska

She had adopted him when he was four years old.
19 of the 34 kids included in the most recent version, updated November 17th, of the Nebraska DHHS "matrix of commonalities of safe haven cases" (link opens a PDF) are currently or had previously been state wards.

12 of the 34 tabulated cases were listed as "Adopted/Guardianship or Relative Placement."

As the California boy came in after this latest version, he has not been included in these statistics yet. (Nebraska made it up to 36 officially counted cases before the law changed, the "matrix" only goes up through number 34 so far.)

As I have said before, the crisis these generation 1.0 of the dump kids in Nebraska face is in many cases a crisis of adoption and kids already entangled in state care.

The next generation, those dumped under version 2.o of the dump law, those 30 days and younger, remain to be seen.

There has however been one case of a self "haven" who falls squarely between the two generations, a 12 year old who was disqualified and is going by and large unnoticed. He came in on Sunday after the law had aged down.

But as for Kevin, from California, he is unfortunately just another kid dumped into Nebraska's "returns department" for no longer desirable adoptees.

Sure, everyone wants one when they're young and cute, but similar to many adopted pets, as they grow older, bigger, and less manageable, now kids like those once cuddly and adorable pets have been dumped, abandoned by those who no longer wanted them.

Monday, November 24, 2008

BASTARD NATION LETTER TO GOVERNOR AND UNICAM: AGING DOWN DID NOTHING TO CHANGE MESSAGE THAT IT'S OK TO DUMP YOUR CHILD

Bastard Nation sent this letter to Nebraska governor Dave Heineman today. It is also going out to the Unicam and selected Nebraska media.

Dear Governor Heineman:

Bastard Nation, the Adoptee Rights Organization, is deeply troubled by the decision of last week’s Special Session, to repeal LB 157 and replace it with the equally odious LB 1. By doing so, Nebraska, institutionalized child abandonment, making it just another normal choice for parents unable or unwilling to fulfill their responsibilities to their children.

Since their inception in Texas in 1999, Bastard Nation has opposed all so-called “safe haven” laws, which we call “baby dump laws.

The causes of child dumping are social isolation, fear, family dysfunction, mental illness, substance abuse, poverty, and lack of social services or ability to access those already in place. LB 1 and its previous bill, don’t address these deep-rooted social and economic problems. They just make them “go away,” out of sight out of mind. The problems of parents, whether they are a frightened 15-year old mom of a newborn or a 55-year old grandpa caring for a mentally ill grandson, are very real, and they cannot and should not be solved by a quick-fix, government facilitated and promoted child abandonment program.

Child abandonment is child abandonment no matter at what age and what kind of a comforting name you slap on it. Just because a child can’t remember what was done to him or her, doesn’t lessen the act, the pain, the harm, or the questions those kids will endure throughout their lives. Nebraska’s new plan to divvy up children by age, into those worthy and those unworthy of abandonment protection is not acceptable nor is it best child welfare practice. Aging down to 30 days simply creates a new set of abandoned children and their families who will suffer the lifelong consequences of bad legislation.

Nebraska had it right the first time. It was the last state to pass a “safe haven” law. It could have been the first to repeal before more families are harmed or even destroyed.

Last week, Nebraska’s children needed an advocate—a friend. For those too young or unable to speak for themselves, they needed a voice. Up until the very vote on Friday morning, a bill could have been introduced to permanently repeal LB 157 with no amendments or new bills later. Nebraska could have initiated a child-centric, compassionate common sense approach and message that the state does not support any form child abandonment under any circumstance. The Unicam rejected that option and took the quick-fix out.

Nebraska’s kids got a law that continues to abuse them through legal baby dumping. They got a task force that will pat itself on the back and do nothing. The victims will remain voiceless.

Aging down LB 157 did nothing to change the message that it is OK to dump your child. As long as Nebraska condones the abandonment of any child, all children—and their families-- are in danger.

Sincerely yours,
Marley Greiner
Executive Chair