Boys ages 15 and 11 have been left at area hospitals and were believed to be the first to be left under the protections of Nebraska's new safe-haven law.
A 44-year-old woman dropped off her teenage nephew at Lincoln's BryanLGH Medical Center West on Saturday, saying the boy had behavioral problems that she couldn't handle anymore, Lincoln Police Chief Tom Casady said. The woman is the boy's legal guardian.
The exchange occurred without incident, said Casady, who has turned the case over to the state Department of Health and Human Services. The boy was placed in temporary protective custody.
Hospital spokeswoman Peg Aschwege, citing a need to protect confidentiality, would confirm only that it was the first case the hospital has handled since the law went into effect and that established procedures were followed. She declined to discuss any details.
The other boy was left at Immanuel Medical Center in Omaha on Saturday, said Alegent Health spokeswoman Kelly Grinnell.
HHS identified that child only as an 11-year-old boy. A parent dropped the child off, saying she believed she could no longer care for him, said Todd Landry, director of HHS' division of Children and Family Services.
The cases are the first uses of the state's safe-haven law, Landry said.
Neither case produced suspicion of child abuse or neglect and neither child appeared to be in immediate danger, he said.
"These were two cases where the caregiver or parent decided the behavior issues were such they felt they could no longer provide good parenting skills," Landry said.
The 11-year-old remained in an Omaha hospital for evaluation and observation Monday, he said. The 15-year-old has been placed temporarily in an emergency shelter in Lincoln. The county attorneys and the courts will now step in to determine custody.
Both boys are believed to be doing reasonably well, Landry said.
Nebraska was the last state in the nation to adopt a safe-haven law, which took effect July 18. It allows anyone, not just a parent, to leave a child at any state-licensed hospital without fear of prosecution.
Under previous law, a parent who abandoned a baby could have been charged with child neglect or abandonment, both misdemeanors, or child abuse, a felony.
State Sen. Arnie Stuthman said he introduced the bill intending to protect infants. In a compromise with senators worried about arbitrary age limits, the measure was expanded to include the word "child."
The law doesn't further define child, and some have interpreted that to mean anyone in Nebraska under the age of 19. Others have taken the common law meaning of child -- those under age 14.
The law also isn't intended to absolve someone of child-abuse charges.
Most other states have focused their laws on protecting infants.
Stuthman said Monday he found it surprising the state would see two cases on the same day and unusual that they were older children.
"This is a situation that I felt could possibly be coming," he said of older children being left. "I didn't realize it would happen this quick."
Though the cases didn't meet the intent of his bill, he offered no regrets. They will open lawmakers' eyes as to the issues affecting children and families, Stuthman said.
He said he remains open to revisiting the law.
Stuthman's bill was signed into law as a way of protecting children from immediate danger or harm, said Landry, who didn't believe the two cases carried that sense of urgency.
"I clearly do not believe this was the intent of LB157," he said.
The department will continue to evaluate the situation and work closely with the Legislature to determine what, if any, changes are needed to the safe-haven measure, he said.
Landry and Stuthman urged those struggling with their children and behavioral issues to seek out community resources including the United Way's 211 service before using the provisions of the safe-haven law.
Information and referrals are also available at any local HHS office, Landry said.