Dayton signs bill spurred by chainers

Rep. Jeanne Poppe, DFL-Austin, and Sen. Dan Sparks, DFL-Austin, watch as Gov. Dayton signs the vulnerable adult bill at a ceremony Wednesday morning. -- Kevin Coss/kevin.coss@austindailyherald.com

ST. PAUL — The child abuse bill sat Wednesday on a desk at the front of the small, ornate room, freshly signed by Gov. Mark Dayton. Mower County officials, supporting Austin area legislators, had accomplished what they set out to do. But one had a special request.

Gail Loverink, of Mower County Human Services, asked Dayton for not one but two signing pens. Their recipients would be the two young Dexter boys whose child restraint case had brought the bill to life. Loverink said it was a form of closure for the children.

“They deserve to be able to move on,” Loverink said.

The public signing ceremony, which took place at the capitol Wednesday morning, was a scene of upbeat enthusiasm. Rep. Jeanne Poppe, DFL-Austin, who authored the child abuse bill in the House and Sen. Dan Sparks, DFL-Austin, who fought for it in the Senate, were present. Along with them were Mower County’s Sheriff Terese Amazi, Detective Steve Sandvik and Loverink.

An air of excitement hung about legislators and supporters of the two bills as they began to file in. In total, a group of about 30 legislators and supporters crowded around the state and U.S. flags to watch as Dayton sat down and signed the bill.

Dayton himself was upbeat, making smalltalk and cracking a joke or two while he welcomed attendees.

“It’s a great day,” he announced as he passed out pens from the signing. “I’m proud to sign the bill.”

When Poppe took the podium, she briefly reviewed the story of the Dexter parents whose child restraint started the gears turning and led to the bill. She put special emphasis on the contributions of the teacher, social worker and county officials that helped bolster the bill’s case in the eyes of the Legislature.

“They testified and gave a strong voice,” Poppe said. She smiled broadly when she shook hands with Dayton, mirroring the general excitement of the room.

Sparks said the bill was on life support a few times and there were doubts as to whether it would end up going through.

“I’m just glad to see it actually, finally happen,” he said.

The Mower County officials present were pleased to see the bill signed, too. They had been an active part of the bill’s climb through Legislature ever since the sentencing of Dexter parents Brian and Charity Miller last July. The parents were convicted of chaining their then 5-year-old son to his crib and withholding food and bathroom access from him and his 8-year-old brother. They could only be charged with a gross misdemeanor because of the need for “substantial” bodily harm.

The new bill rewords the proposed “demonstrable bodily harm” clause to hold a midterm tier separate from “substantial bodily harm.” The new tier is punishable by two years in prison and up to a $4,000 fine, in contrast with five years in prison and a $10,000 fine for “substantial” bodily harm. Both are felonies.

“We realized there was an issue with the law,” Sandvik said. He and others from Mower County had been up to the Capitol twice already in previous months to testify in favor of the bill. “Our representatives did a wonderful job moving it forward.”

Sandvik said the Millers’ case was an unusual one.

“This was such a personal crime to these children,” Sandvik said. “It wasn’t like the physical abuse we often see. I can’t imagine a parent doing this to a child.”

Although the parents lost custody of their children, Loverink said, the boys still suffer from the experience, and have trouble leaving old habits behind. Though they now live with foster parents who provide them ample food, the boys often won’t touch it despite their hunger. Their parents had a fridge full of food, Loverink said, that they were not allowed to eat.

“After a year, this is still so foreign, so new to them,” she said.

The older of the two boys had “learned” not to leave his bedroom, Sandvik said, and the parents stopped chaining him to his bed. The younger one may have been chained his entire life, though the court could only prosecute for six months, he said.

The parents conviction and the new legislation all ended up taking place thanks to the boys speaking out, according to Loverink.

“All of this occurred because they were brave enough to talk,” she said.

Senator Warren Limmer, who authored the vulnerable adult bill that carried the child abuse bill along with it, said the signing represented a perfect opportunity for both parties to come together and protect citizens. In this case, he added, the bill would protect the most vulnerable of the state’s population.

“It’s had a long and winding road,” he said, noting that the bill was a multi-year effort. “But I’m excited that it’s been passed.”

Poppe said joining the child abuse legislation to the vulnerable adult bill gave hope to a better outcome for both.

Hennepin County Attorney Mike Freeman agreed, adding that misdemeanor and gross misdemeanor charges were too gentle of penalties.

“Justice demands that they do real time,” he said.

Amazi said the bill would ensure any cases like the Millers’ would be treated as felonies in the future.

“Hopefully it doesn’t have to be used,” she added.

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