PRESIDENT'S MESSAGE

It’s a beautiful Nebraska day when our legislators work to pass a bill that protects Nebraska children. It was a beautiful Nebraska day when LB 25 passed on final reading with bipartisan support to correct the horrific Nebraska Supreme Court decision, Moser v. State of Nebraska. But, the storms were rolling in quick this past spring. And they were violent.

In 2020, the Nebraska Supreme Court issued Moser v. State of Nebraska, overruling longstanding and established Nebraska law. The Court held that our State government and political subdivisions, including public schools, were immune from any claim arising out of assault or battery. The Court reasoned the plain language of the State Tort Claims Act and the Political Subdivision Tort Claims Act required such an interpretation and invited our Legislature to remedy the situation. In the nearly four years since Moser, one need only read the headlines from the last four months to witness the freedom from accountability that government entities have enjoyed when children are molested by those we entrust with their care.

• A middle school teacher with the Madison Public School in Madison, Nebraska has been accused of inappropriate contact with a high school student – May 21, 2024

• A substitute teacher at Omaha Public Schools, was arrested over the weekend on one count of first-degree sexual abuse by a school employee after she admitted to having sex with the teen boy – April 16, 2024

• July trial set for former North Platte teacher accused of sexual assault of student – April 2, 2024

• Former Norris High School teacher gets 90 days in jail for sexually abusing student – March 29, 2024

On April 18, 2024, the last day of this year’s legislative session, LB 25 was passed on final reading. The specific aim of LB 25 was to allow child abuse and sexual assault survivors to hold government officials accountable when those officials fail to protect children in their care. The bill passed with bipartisan support and was presented to Governor Pillen that same day. Our legislators came together to answer the Supreme Court’s invitation to make Nebraska children safer when in the care of government officials. I would like to thank the following Senators for their support of LB 25: Carol Blood, Elliot Bostar, Jim Brewer, John Cavanaugh, Michala Cavanaugh, Danielle Conrad, Jen Day, Wendy DeBoer, Myron Dorn, Robert Dover, George Dungan, Steve Erdman, John Fredrickson, Steve Halloran, Ben Hansen, Megan Hunt, Lou Ann Linehan, Mike McDonnell, Terrell McKinney, Dave Murman, Jane Raybould, Rita Sanders, Julie Slama, Tony Vargas, R. Brad von Gillern, Lynne Walz, Justin Wayne, and Anna Wishart.

On April 25, 2024, LB 25 was returned by Governor Pillen without approval. The timing of the Governor’s veto did not afford legislators an opportunity for an override vote. Nebraska public schools and government officials continue to enjoy immunity from accountability when they turn a blind eye to children in their care being sexually abused.

On the heels of Governor Pillen’s veto of LB 25 came another gut-punch decision from the Nebraska Supreme Court. On May 3, 2024, the Supreme Court issued Joshua M. v. State. In Joshua M, three siblings, two girls and one boy, ranging in age from 1 year to 4 years, became wards of DHHS after their mother was tragically injured and severely disabled from a car crash and their father was deemed an unfit parent. The three siblings were placed in a foster home where they were all frequently physically and sexually abused by a foster parent. One of the girls testified that her earliest memory was being sexually assaulted by her foster parent. Ultimately, one of the foster parents was charged with multiple counts of sexual assault of a child and was convicted pursuant to a plea agreement. After the arrest of one of the foster parents, the three siblings remained in the other foster parent’s custody for several more months until reports of further physical abuse by the foster parent that was not incarcerated. In a tort claim action against DHHS, the siblings alleged that DHHS was negligent in recommending and supervising their placement and in failing to remove them from such a placement when DHHS knew or should have known they were being physically and sexually abused. The Supreme Court doubled down on their holding in Moser and granted the State immunity from the siblings’ claims.

This is not right. This cannot be the law of the land in “the good life” state. NATA will fully support a complete remedy to this injustice in the next legislative session, expanding LB 25 to cover conduct of all Nebraska state and local government negligence, and not just limited to political subdivisions. I would encourage all of our members and anyone reading this to contact your State Senator and ensure they know where Nebraska citizens stand on this issue. I would also encourage you to start donating or increase your donation to the NATA PAC to support candidates that are committed to remedying this injustice in Nebraska law.

Jon Urbom, President