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Safe-haven gag order lifted

http://www.omaha.com/article/20091208/NEWS01/912089979

By Martha Stoddard

WORLD-HERALD STAFF WRITER

The Nebraska Court of Appeals today lifted a gag order on a Lincoln mother and stepfather who dropped off their then-17-year-old son under the state’s former safe haven law.

The court ruled that the order imposed by Lancaster County Juvenile Court Judge Toni Thorson violated Sue and Avery Quakenbush’s rights to free speech.

Thorson had barred the couple from disclosing private medical information about the teenager, including his full name and birth date.

Officials with the Nebraska Department of Health and Human Services had sought the order following media interviews with the Quakenbushes, including one that used the boy’s first name. HHS attorneys had argued that the restriction was needed to protect the teen.

An attorney for the parents said they wanted to tell their story, which included talking about their son, as part of the public debate about the needs of troubled youngsters and their families.

The boy has been a state ward since last October. He was left before state lawmakers added an age limit to the safe haven law.

Like the Quakenbush’s son, most of the children left under the former safe haven law were teenagers or preteens with mental, emotional or behavioral problems. Many parents and guardians who left children said they had tried to get help for the children without success.

Omaha World-Herald