Safe Haven: An Advocate’s Perspective

Nebraska Association of Social Workers

January 2009

Nebraska Appleseed Center for Law in the Public InterestSarah Helvey, J.D., M.S.

Core Values. Common Ground. Equal Justice.

Roadmap

Background on Nebraska Appleseed Nebraska Safe Haven Other Child Welfare Legislation Discussion and Questions

The Nebraska Appleseed Center for Law in the Public Interest

Nebraska Appleseed was founded in 1996

A statewide non-profit, non-partisan public interest law firm

Mission: To achieve systemic change for underrepresented constituencies

Work: class action and impact litigation, public policy advocacy, community outreach & education

Staff: lawyers, social worker, community organizers, technical support/webmaster, administrator, law clerks & volunteers

The Appleseed Network

Program Areas

Low-Income Self-Sufficiency

Immigrant Integration and Civic Participation

Child Welfare System Accountability

Health Care Access

Access to Justice

Building Democracy

Safe Haven

LB 157 - Provide for leaving an infant with a firefighter or hospital staff worker (Sen. Stuthman)

Introduced Jan 7, 2007 Would have made it legal for a parent to deliver children

aged 72 hours or younger to a firefighter or hospital staff member at a fire station or hospital, respectively.

After receiving indication that a parent did not intend to return for a child, the firefighter or staff member would take temporary physical custody of the child.

Also included provisions that firefighters and hospital staff would be required to follow in contacting the appropriate services to transfer custody of the child.

Carried over to 2008 session

Safe Haven

LB 157 – during 2008 session, narrowed to address only hospitals

Am 1696 – a group of senators drafted as a compromise measure

“No person shall be prosecuted for any crime based solely upon the act of leaving a child in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.”

Video: floor debate on age of child Amendment adopted on Jan. 31, 2008 Bill passed 41-1-7 by the Legislature on Feb. 7, 2008 and

signed by the Governor on Feb. 13, 2008.

Safe Haven

Safe Haven law went into effect in July, 2008 36 children dropped off

Most of them teenagers or preteens Many of them previous state wards Several from out of state Significant behavioral health issues

Safe Haven Reform

Special Session• Gov. Heineman called Special Session on Oct. 29, 2008• Narrow scope of call: “Enacting legislation to limit the

application of (the original safe haven law), by reducing the maximum age to whom the statute applies”

• LB 1 – Change provisions relating to prohibitions on prosecution for leaving a child at a hospital (Sen. Flood)

• 72 hours• LB 3 – Adopt the Nebraska Infant Safe Haven Act and the

Nebraska Child Safe Haven Act (Sen. Dubas)• Sunset provision

• Attorney General Opinion • Committee hearing held on Nov. 17, 2008• Appleseed’s position

Safe Haven Reform

• LB 1, which originally limited the age to 72 hours, was modified by a Judiciary Committee amendment during general file debate to cover infants aged 30 days or younger.

• The amendment was adopted by a vote of 44-0, and LB 1 passed by the Legislature 43-5 and was signed by the Governor on Nov. 21, 2008.

“No person shall be prosecuted for any crime based solely upon the act of leaving a child thirty days old or younger in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.”

• Took effect on Nov. 22, 2008

Safe Haven Reform

Children in Crisis Task Force Proposed bills – 2009 session

LB 253 - Adopt a new Nebraska Juvenile Code and change child abuse reporting and registry, child relinquishment, and Foster Care Review Act provisions (Sen. Ashford)

LB 275 - Require crisis, information, and referral services relating to behavioral health (Sen. McGill)

LB 346 – Require the Department of Health and Human Services to provide services relating to children's behavioral health and adoption and guardianship families (Sen. Gay; at the request of the Governor)

LB 356 – Provide behavioral health services for children without parental relinquishment of custody (Sen. Dubas)

Safe Haven Reform

Social work perspective? What are the underlying issues surrounding the

safe haven law? What are the gaps in provision of behavioral health services for children and adolescents? Where do we go from here?

Political realities The advocacy community’s role

Other Selected State Child Welfare Bills

LB 82 - Require notification of change in a juvenile's case manager under the Nebraska Juvenile Code (Howard)

LB 91 - Provide for a subsidized adoption of a child who was under a subsidized guardianship prior thereto (Howard)

LB 122 - Change terminology for the central register of child protection cases (Coash)

LB 147 - Provide name-change court orders to update the central register of child protection cases and the central registry of sex offenders (Pirsch)

LB 226 - Change the age of majority to eighteen years of age for certain purposes (Rogert)

LB 247 – Require accreditation of the Division of Children and Family Services of the Department of Health and Human Services (Dubas)

LB 290 - Require criminal history background checks on individuals who transport vulnerable adults and children under contracts with the Department of Health and Human Services (Stuthman)

LB 307 - Change sentencing requirements with respect to certain minors (Council) LB 345 - Change juvenile court jurisdiction to exclude school truancy (Gay)

Federal Child Welfare Legislation

Fostering Connections to Success and Increasing Adoptions Act 2008

Passed the Senate on 9/17/08 and the House on 9/22/08, signed by the President on 10/7/08

Key provisions: Extends and expands the Adoption Incentives Program Delinks Adoption Subsidy eligibility from AFDC Gives states option to draw down IV-E dollars for foster

children, ages 18-20 Requires agency due diligence to identify relatives within

30 days of removal and notice on right to participate in child’s care/placement

Requires reasonable efforts to place siblings together and provide for frequent visitation if not

Requires all foster children to be enrolled in their school of origin where appropriate or, when a move is necessary, the agency must coordinate with school system to assure the child is transferred promptly with all records.

Nebraska Appleseed Center for Law in the Public Interest

Sarah Helvey941 “O” Street, Suite 920 Lincoln, NE 68508 (402) 438-8853shelvey@neappleseed.orgwww.neappleseed.org/lrc

Core Values. Common Ground. Equal Justice