Lawmakers may ask for more than age limit

Lawmakers may ask for more than age limit

Posted by Senator Avery on November 24, 2008 - 3:36pm in

As of Friday, 34 children had been abandoned, most of them preteens and teenagers. Five were from out-of-state.

Ashford said Saturday that he doesn’t know how likely it is that the Judiciary Committee will ask to expand the scope of the session. It’s also unclear whether the scope of the session could be expanded without Heineman’s consent.

Lawmakers could, with a two-thirds majority vote, request that issues besides an age limit be considered. But state statute is unclear on whether Heineman would also have to sign off on such a plan.

Heineman’s spokeswoman said he could not be reached for comment on Saturday.

On Monday, the Judiciary Committee will hold public hearings on two bills that would put age caps in the safe-haven law. The bill introduced on behalf of Heineman would put an 3-day age limit on children who could be dropped off at hospitals.

The other bill, introduced by Sen. Annette Dubas of Fullerton, is a two-tiered plan under which children as old as 15 could be dropped off.

But Dubas’ bill, which proposes measures besides just an age limit, could be taken out of the running. Attorney General Jon Bruning’s office has been asked to issue an opinion on whether Dubas’ bill complies with the current requirement that bills introduced during the special session only propose age limits.

Ashford said he expects the Judiciary Committee will begin considering whether to ask that the scope of the session be expanded after the hearings on Monday.

Nebraska was the last state to enact a safe-haven law, intended to take in unwanted newborns. But unlike laws in other states, Nebraska’s doesn’t include an age limit.

Some observers have interpreted the current law as applying to children as old as 18. But Health and Human Services officials have said a separate state law about juveniles won’t let authorities take in children older than 17.

The first of what was expected to be several amendments to the age-limit bills was introduced on Saturday by Sen. Bill Avery of Lincoln. He wants a 1-year age cap.

He pointed to research that he said shows young children are at the most risk of being killed by their parents during the first year.

“I really don’t think the 3-day rule will pass,’’ Avery said. “There is too much constituent opposition to three days.’’

Heineman has not said whether he would support a bill that calls for anything besides a 3-day cap.

Among the other amendments senators planned to introduce next week is one that would limit the age to 4 months.