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Do you remember the requirements of the federal Fostering Connections Act and what it requires to happen in each of your abuse/neglect cases? Use this checklist to find out whether DHHS is complying with the requirements of Fostering Connections, specifically the provisions on siblings, relatives, education and older youth. Watch a presentation from the 2009 Children’s Summit on Fostering Connections.
SAVE THE DATE for 2011 Helping Babies from the Bench
The next round of Helping Babies from the Bench trainings will be held across Nebraska this spring and summer. These trainings focus on the needs of infants and toddlers in the abuse/neglect court system and how court stakeholders can improve their outcomes. This series of trainings include Phase I, the overview of infants and toddlers, and Phase II, advanced topics and implementation into court practice. Trainings will be held in McCook (May 6th), Broken Bow (June 9th), Valentine (June 10th), and Grand Island (August 12th). For more information, click here.
SAVE THE DATE for the 2011 Lecture Series
This year’s lecture series trainings are:
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Effective & Ethical Representation of Very Young Children in Child Abuse and Neglect Cases
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Immigration Issues for Children in Juvenile Court
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Advanced Topics on Substance Abuse Issues
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Ethics, Best Practices, or Both? Ethical Dilemmas in Child Welfare Cases for the Nebraska GAL
There is no cost to attend unless you are seeking MCLE credits. Registration will open on March 1st. Click here for more information.
DHHS has released a flow chart that summarizes the roles and responsibilities of DHHS staff and contractor staff through the life of an abuse/neglect case. Click here for more materials DHHS has released on the privatization reform.
Spotlight Issue: Recognizing and Responding to Traumatized Children in the Juvenile Justice System
by Maxie Morgan, JD, Sorensen & Hahn
Nearly eighty percent of abused children have faced at least one mental health challenge by age 21.1 Eighty percent is astounding, but when I consider my own juvenile clients individually, I believe it. While I would not preach to memorize numbers, this is one statistic that ought to be known by anyone involved with the juvenile justice system, including attorneys, guardians ad litem, caseworkers, foster parents and judges. Such a mental health challenge may very well be the symptom of childhood trauma. Read more
2011 Legislative Bills affecting child welfare
LB 79 (McGill) - Provide grants for court appointed special advocate programs
Summary: Adds $1.25 in court fees for each case to fund the state Court Appointed Special Advocate (CASA) program
LB 80 (McGill) - Change Nebraska Juvenile Code provisions relating to juvenile care plans
Summary: Removes the presumption that the DHHS case plan is in the child’s best interests
LB 92 (Howard) - Change caseload provisions for public child welfare service caseworkers
Summary: Prohibits DHHS from exceeding the caseload standards of a national organization by more than 2, and includes private contractors in the requirement to provide annual workload reports to the legislature
LB 93 (Howard) - State legislative intent with respect to administrators’ salaries within the Division of Children and Family Services of the Department of Health and Human Services
Summary: Decreases by 10% the salaries of DHHS Child and Family Services administrators
LB 94 (Howard) - Allow petitioners for adoption of state ward to read the child’s case file
Summary: Authorizes a person petitioning to adopt a child access to the child’s case file maintained by DHHS, and requires DHHS to file with the court prior to adoption a document verifying that the adoptive parents had the opportunity to read the case file
LB 95 (Howard) - Require accreditation for lead agencies contracting with the Department of Health and Human Services
Summary: Requires lead agencies contracting with DHHS to be accredited by a national accrediting agency in the services it is providing to the state
LB 112 (Coash) - Provide an exemption from motor carrier regulations for comprehensive services transport
Summary: Exempts child welfare agencies from having to use the Public Service Commission for transportation of children in their care
LB124 (Avery) - Provide for cultural history information in adoption records
Summary: Adds into the medical histories required in an adoption the race, ethnicity, nationality, Indian tribe or other cultural history of the biological parents if available
LB 177 (Campbell) - Change foster care provisions
Summary: Encodes certain provisions of the federal Fostering Connections Act, including independent-living duties, reasonable efforts to place with siblings and relative notice within 30 days
LB 199 (Dubas) - Require adequate financial support for foster parents to support foster children
Summary: Requires that foster parent payments sufficiently cover all basic costs for the child, and requires DHHS to develop a methodology to determine rates of payment and to ensure that its contractors timely pay foster parent subcontractors
LB 221 (Janssen) - Provide for drug screening of public assistance applicants and recipients
Summary: Requires DHHS to drug test any welfare applicant if it is reasonable cause, and shall deny cash assistance for at least one year if the test is positive
LB 302 (Ashford) - Provide for a restructuring plan for the court system
Summary: Calls on the Supreme Court to analyze the structure of the entire court system, including county courts and separate juvenile courts, to determine inefficiencies and recommend a restructuring plan
LB 324 (Howard) - Requires fetal alcohol determination prior to adoption of a state war
Summary: At the filing of an adoption petition, requires the court to order fetal alcohol testing or receive a doctor’s statement that the child does not show indications of such disorders
LB 325 (Howard) - Appropriate funds for behavioral health care in Region 6 as prescribed
Summary: Appropriates $250,000 from the General Fund to be allocated to the Family Works program of Heartland Family Service.
LB 339 (Ashford) - Change Nebraska Juvenile Code predisposition evaluation procedures
Summary: Amends 43-258 so that in any case pending adjudication under the Nebraska Juvenile Code, the court may place the child with DHHS for evaluation not to exceed 30 days unless extended by the court, and amends who is responsible for costs
LB 402 (Howard) - Change penalties relating to third-degree assault on a social worker and provide for social worker safety training
Summary: Requires social workers and lead agency contractor social workers to complete a 6-hour social worker safety awareness training
LB 433 (Campbell) - Provide requirements for contracts for child welfare services between private agencies and the Department of Health and Human Services
Summary: Requires that DHHS contracts with providers are based on the reasonable costs of services, prohibits DHHS from entering into contracts for provision of certain activities, requires DHHS to promulgate rules and regulations by 1/1/12 regarding monitoring and oversight of private contractors, requires DHHS to provide an annual financial report and specifies certain content
LB 451 (Ashford) - Change court fees, procedures, offices and judgeships
Summary: Establishes judicial hearing officers who could hear juvenile cases that come before the county court, permits parties to object to findings
LB 463 (Ashford) - Change juvenile penalty, records, service plan, probation sanctions, and truancy provisions
Summary: Schools shall notify probation, DHHS and private contractors when any child is absent more than 10 days per year
LB 598 (Fulton) - Change timing of certain foster care permanency hearings
Summary: Decreases the length of a time to a permanency hearing for children six or under from 12 months after the child enters foster care to 3 months
LB 648 (Christensen) - Change provisions relating to notice for foster care reviews and hearings
Summary: Requires DHHS to provide to the courts up-to-date contact information for all child placements. Requires notice of hearings to be sent to parties at least five days prior. Provides standing to foster parents in hearings involving removal of a child from their home
LB 649 (Christensen) - Require the Judiciary Committee to develop legislative recommendations for children and youth
Summary: Mandates the Judiciary Committee to review the NACC Evaluation on Guardians ad Litem issued in December 2009, and offer recommendations by October 1, 2011
LB 650 (Christensen) - Provide for a statement of rights and responsibilities for foster parents
Summary: Requires DHHS to develop and provide to each caregiver (including agencies) a list of the rights and responsibilities of a foster parent
LB 651 (Christensen) - Authorize a program audit and survey of the foster care system
Summary: Authorizes a program audit and survey regarding the privatization reform to be conducted over a five-year period to include:
- An annual study of a random sample of 800 foster care placements
- Degree of compliance with rules and regulations, and recommendations for improvements
- Survey of foster parents, state caseworkers, contract caseworkers, GALs, and CASA
LR 37 – (HHS Committee) - Provide the Health and Human Services Committee be designated to review, investigate and assess the effect of the child welfare reform initiative implemented by the Dept. of Health and Human Services
Summary: Recommends that the HHS Committee be designated to oversee and assess the child welfare privatization, which would include consulting with stakeholders, consider existing studies and reports, and hold public hearings.
Issues to be considered are:
- Coordination, long-term planning and development of outcome measurements
- Effectiveness of privatization as to permanency
- System of accountability, funding and financial sustainability
- Effect of reform on the CFSR outcomes
- Request of a fiscal audit
Oral Argument of Abuse/Neglect Cases
Oral arguments in abuse/neglect cases made before the Nebraska Supreme Court and Nebraska Court of Appeals are available on the Through the Eyes website. You may stream the audio on your computer, or download it to play on an iPod or other mobile device.
Oral arguments held in January:
Caselaw Summaries
Trying to find an abuse/neglect case but can’t remember the case name? Use our search engine for abuse/neglect cases since 2006. Cases can be searched by keyword. To begin a search, click here (http://www.throughtheeyes.org/articles/caselaw/).
- In re Interest of Frank S. et al. (unpublished opinion, January 18, 2011) Termination of the father’s parental rights was proper because he failed to follow through on sex offender and parenting programs while incarcerated and had poor interaction with the children during therapeutic visitation even when prompted, and because the children’s behaviors had improved since being placed in foster care. Full Opinion
- In re Interest of Tegan V. (_____ N.W.2d _____, 18 Neb. App. 857, January 18, 2011) The physical locus of a child at the time an amended petition is filed does not affect the subject matter jurisdiction of the presiding juvenile court. Full Opinion
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