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Mom Who Left Son In Nebraska May Face Charges

Southfield Mother Said Too Much Stress Led Her To Drop Off Child

POSTED: Monday, October 13, 2008
UPDATED: 10:31 am EDT October 16, 2008

A Southfield woman who drove 12 hours to Omaha so she could abandon her 13-year-old son at a hospital under the state's unique safe-haven law may face charges in Michigan, according to court documents.

Southfield Mother Could Be Charged In Son's Abandonment

Local 4 has learned Oakland County Prosecutor David Gorcyca has been in touch with Nebraska officials to iron out details of the case.

The Southfield mother will not face charges in Nebraska under the unique Safe Haven law, which permits caregivers to abandon children at state-certified hospitals without fear of prosecution.

However, whether Oakland County will have jurisdiction over the mother and if she will face charges in Michigan is yet to be determined.

"Those parents are still responsible for their kids," said Southfield Police Chief Joe Thomas. "It's not the state of Nebraska's responsibility."

The county prosecutor and Southfield police continue to investigate.

The Detroit-area boy told authorities his mother is under high stress and could not deal with him anymore.

The court document filed in Douglas County Juvenile Court also said the mother failed to provide proper parental care and support for her son. For that reason, the county attorney's office said the boy is at risk for harm.

The Michigan Department of Human Services has learned the 13-year-old has four other siblings, ages, 3, 5, 10 and 16. However, the children's father is not cooperating with authorities.

Gorcyca said a Department of Human Services worker went to the parent's house but the father refused the DHS worker to look into the well-being of the children. "That causes us concern," he said.

Local 4 has learned the Southfield woman is not the biological mother of the boy. Also she is not the biological mother to two of the boy's four siblings.

The boy is the second teenager from outside Nebraska and 18th child overall abandoned in the state since July when the law took effect.

Instant Feedback: Mother Abandons Son Under Nebraska's Safe-Haven Law

A court hearing was held in Nebraska Tuesday.

A judge determined the 13-year-old is in danger and will remain in state custody, with only the suitcase his mother packed him and the $10 she left him.

A hearing was scheduled for Oct. 27 to determine if the child will return to Michigan.

According to published reports, the mother is still in Nebraska and is remorseful for abandoning her child and is having second thoughts.

Edward Woods III of the Michigan Department of Human Service said, "Our first and primary concern is the safety of the child. We will be working closely with Nebraska officials to get this to a resolution."

Todd Landry, who heads Nebraska's Department of Health and Human Services' division of children and family services said, "I do believe the mother probably found out about the Nebraska law through media reports, such as those that have occurred for the past three weeks."

Landry said at a news conference Monday afternoon that details of the boy's case still aren't known, such as whether the mother had sought help in Michigan first or whether the boy's father agreed to or is aware of the decision.

Landry also said the boy doesn't appear to have any ties to Nebraska. He has been placed in an emergency shelter in the Omaha area.

Last week, a 14-year-old girl from Iowa was abandoned at an Omaha hospital by her grandparents. The girl has since been returned to her family.

Officials with the Nebraska Department of Health and Human Services have stressed that the safe-haven law should be used for children in immediate danger only. Some officials are worried that Nebraska's broadly written law could make the state a dumping ground for unwanted children.

"This law needs to be changed to get back to the intent," said Landry.

State officials have said parents and caregivers contemplating using the law need to understand there is no guarantee a child could be returned to them if they change their minds. The placement may involve the courts, and the process of regaining custody may prove difficult.

Officials have encouraged parents to seek other resources before resorting to abandonment. They've urged desperate parents to ask for help from family, faith-based groups and other community services before abandoning their children at hospitals.

The law was intended to protect infants, as safe-haven laws do in most other states, but Nebraska's law specifies "child" without a definition. So some have concluded the law covers all minors, which in Nebraska includes anyone under the age of 19.

Lawmakers have spoken about the need to re-examine the law, but the Legislature doesn't reconvene until January. Gov. Dave Heineman has been reluctant to call a rare special session.

So have other Nebraska lawmakers. "I have previously opposed a special session, I think it's too early. If we see a deluge of children out of state, being dumped into Nebraska but I think I might change my mind," Sen. Bill Avery, (D) Nebraska, said.
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