| Do you have issues relating to implementation of the new DHHS
private service contracts? Are service coordinators not attending hearings?
Are ordered services not being provided? Please
contact the DHHS liaison or the service provider liaisons in your
service
area. Click here for
contact
information.
Registration still open for 2010 Lecture Series
The 2010
Lecture Series has begun but there is still time to register for a
variety of
trainings being held throughout the spring across Nebraska, including
Improving Outcomes
for Older Youth in Care
Kristin
Kelly,
ABA Center on Children and the Law
April 8:
Lincoln
April 9:
Hastings
Improving
Educational
Outcomes for Children in Foster Care
Kathleen
McNaught, ABA Center on Children and the Law
April
22: Sarpy County
April 23: South Sioux
City
Advanced
Indian
Child Welfare Act Issues
Sherri
Eveleth, DHHS ICWA Program Specialist
May 21:
Valentine
Enhancing
Sibling
Connections
Rose
Wentz,
National Resource Center for Permanency
and Family Connections
June
8: Grand Island
June 9: Omaha
There is no
cost to attend but you must register in advance. MCLE
credit is available. If you sign up for MCLE
credit, there will be
a $15 registration fee. The 2010
Lecture Series will be videotaped and will be available for online
streaming in
the upcoming months.
For more
information about the trainings or to register, click here or contact Kelli Hauptman at khauptman2@unl.edu or 402-472-3972.
2010
Legislative Updates
LB 971 was heard by the Judiciary
Committee on February 19, 2010. As a
corollary to the federal Fostering Connections Act, LB 971 would
require DHHS
to provide notice to relatives within fifteen days of removal, to make
reasonable efforts to place siblings together and to facilitate sibling
visitation,
and to develop a detailed written transition plan for older youth. Introduced by Senator Kathy Campbell, LB 971
was supported by Voices for Children, Nebraska Foster Care Review Board
and
Nebraska Appleseed. Todd Reckling,
Director of the DHHS Division of Children and Family Services,
testified
neutrally and expressed concern over passing the bill before federal
regulations were issued. Court
Improvement Director Vicky Weisz testified neutrally that encoding the
federal
requirements into Nebraska law would allow judges to address these
issues in a
meaningful way during review hearings.
The National Association of
Council for Children (NACC) released its evaluation of the Nebraska
guardian ad
litem system. This study was authorized
by LB 961 (2008) in response to concerns over the legal representation
of
children in Nebraska and it mandated that the study “highlight
promising
approaches and innovative practices within the state and offer
recommendations
to improve weak areas.” The NACC study
concluded that “Nebraska’s current structure for providing GAL services
results
in uneven performance and lack of accountability” and recommended both
short-term and long-term approaches in addressing these issues,
including
changing to a client-focused representation, mandating caseload
standards,
reimbursing on an hourly basis, and creating a centralized system for
better
oversight. To read the full report,
click here.
Listen to 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 March:
- In
re Interest of Marcella B., S-09-0382,
Nebraska Supreme Court (appealed from
Nebraska Court of Appeals, child
testimony in open court)
To access all available
oral argument archives,
click here.
Caselaw Summaries
Trying to find an abuse/neglect case
but can’t remember the
case name? Use our search engine for
abuse/neglect cases through 2006. Cases
can be searched by keyword. To begin a
search, click here.
In re Interest of Mariah R. (Unpublished opinion, February 23,
2010) Even though the children did not
visually witness the domestic violence between the mother and her
partner,
there was sufficient evidence showing that they were adversely affected
by
exposure to it warranting adjudication under 43-247(3)(a).
Full
Summary
In re Interest of Christian
L. (18 Neb. App. 276, _____
N.W.2d _____, February 16, 2010) It is a violation of due process to
adjudicate
on findings relating to mental health status of the mother when mental
health
was not an allegation in the petition nor was referred to in the
allegation of
“fault.” Full
Summary
In re Interest of Presten O. (18 Neb. App. 259, _____ N.W.2d _____,
February 9, 2010) Termination of
parental rights was improper because one of the bases was N.R.S.
43-292(5)
relating to the parent’s mental condition, which requires the
appointment of a
guardian ad litem to the parent. Full
Summary
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