Foster Care Reform Update

02/02/2009


IN THIS ISSUE

1. Policy Spotlight: The 101st Legislative Session
2. Court Opinions: No relevant cases at this time
3. Legislative Update
4. Announcements

POLICY SPOTLIGHT

The 101st Legislative Session

The 101st session of the Nebraska Legislature began on January 7, 2009. With the beginning of this session brings many new faces to the Legislature. All bills have been introduced, including many child welfare bills. The hard work of deciphering these potential new laws has just begun. Of particular interest to child welfare attorneys are the varying bills that have been introduced in response to the safe haven legislation that became law during the last legislative session. The impact of over 36 minor children being dropped off at Nebraska hospitals caused Governor Heineman to call for a special session of the legislature. The new law placed a limit on the age of the children that may be dropped off under the law (up to 30 days) but failed to address the behavioral and mental health needs of the children and families that utilized the original safe haven law. Several legislative bills have been introduced in hopes of filling the gaps and helping to address these behavioral and mental health issues: LB 275 (Sen. McGill), LB 236 (Sen. Dubas), LB 253 (Sen. Ashford), and LB 346 (Sen. Gay).

Child welfare attorneys may want to take particular note of LB 253 which was introduced by Senator Ashford of Omaha, the bill changes many current aspects of how abuse/neglect, status, and delinquency matters would be handled in juvenile court including extending jurisdiction over a child until the age of 21. This bill would also allow for the juvenile court to obtain jurisdiction over the entire family even if the only allegations in the petition are against the child. Under LB 253, an adjudication order would not become a final appealable order until there is a written disposition order. The appointment of Guardians Ad Litem in abuse/neglect cases would become discretionary. Another bill affecting the jurisdiction of the juvenile court is LB 345. This bill introduced by Senator Gay of Papillion would eliminate school truancy filings in juvenile court.

A bill that will potentially affect the accountability of the Nebraska Department of Health and Human Services Division on Children and Family Services (NDHHS) is LB 247. Introduced by Senator Dubas of Fullerton, LB 247 seeks national accreditation of NDHHS. The bill requires that NDHHS become an accredited public agency by the Council on Accreditation of Services for Families and Children Inc. which sets standards that are nationally recognized as best practices for protecting and providing services to abused and neglected children.

This session has just begun and will last for 90 days excluding holidays and recesses. For more information about these and other child welfare bills introduced this session, see our Legislative Actions section below which provides information on the current status and links to the text of the bills.

Please contact LaShawn Young if you have a case in which you are concerned about services that have been court ordered but the services have not been provided or there is a waiting list to receive the services that are needed.

COURT OPINIONS

No relevant cases at this time

Legislative Action

Below is a list and brief synopsis of all legislative bills that have currently been introduced that relate to child welfare.

Note: This is not an exhaustive list of legislation. The bills in this update are selected by Appleseed as those raising systemic issues in the child welfare system.

LB 82 Require notification of change in a juvenile’s case manager under the Nebraska Juvenile Court. Introduced by Sen. Howard

LB 91 Provide for subsidized adoption of a child who was under a subsidized guardianship prior thereto. Introduced by Sen. Howard

LB 93 Prohibiting smoking in car with child under 16. Introduced by Sen. Howard

LB 122 Change terminology for the central register of child protection cases. Introduced by Sen. Coash

LB 147Provide name-change court orders to update the central register of child protection cases and the central registry of sex offenders. Introduced by Sen. Pirsch

LB 201 Change the Uniform Child Custody Jurisdiction and Enforcement Act relating to international application. Introduced by Sen. McGill

LB 226 Change the age of majority to 18 years of age for certain purposes. Introduced by Sen. Rogert

LB 247 Require accreditation of the Division of Child and Family Services of the Department of Health and Human Services. Introduced by Sen. Dubas

LB 253 Adopt a new Nebraska Juvenile Code and change child abuse reporting and registry, child relinquishment, and Foster Care Review Act provision. Introduced by Sen. Ashford

LB 275 Require crisis, information, and referral services relating to behavioral health. Introduced by Sen. McGill

LB 290 Require criminal history background checks on individuals who transport vulnerable adults and children under contracts with the Department of Health and Human Services. Introduced by Sen. Stuthman

LB 307 Change sentencing requirements with respect to certain minors. Introduced by Sen. Council

LB 332Change provisions relating to courts. Introduced by Sen. Ashford

LB 345 Change juvenile court jurisdiction to exclude school truancy. Introduced by Sen. Gay

LB 346 Require the Department of Health and Human Services to provide services relating to children’s behavioral health and adoption and guardianship families. Introduced by Sen. Gay

LB 356 Provide behavioral health services for children without parental relinquishment of custody. Introduced by Sen. Dubas

LB 423 Change child custody provisions and the Parenting Act. Introduced by Sen. Cornett

LB 517 Change provisions relating to family reunification and termination of parental rights. Introduced by Sen. Hansen

LB 519 Provide for rate increases for behavioral health care providers and create the Provider Reimbursement Commission. Introduced by Sen. McGill

LB 540 Change membership of the Children’s Behavioral Health Task Force. Introduced by Sen. Gay

LB 603 Adopt the Behavioral Health Workforce Act and provide funding. Introduced by

LB 669 Change the number of district, county, and separate juvenile court judges. Introduced by Sen. Coash

ANNOUNCEMENTS

RECENT REPORTS
A number of reports related to child welfare in Nebraska have recently been released. Below are summaries and links to the full text of these reports.

2008 Kids Count in Nebraska Report

Voices for Children released their 2008 Kids Count in Nebraska Report. This year’s report focuses on how geography, poverty, and race affect opportunities for children, while also detailing services available to children and families in Nebraska. The report provides national and local statistical information about: Child Abuse and Neglect/Domestic Violence, Early Childhood Care and Education, Economic Well-being, Education, Physical and Behavioral Health, Juvenile Justice, Nutrition, and Out-of-Home Care and Adoption.

Click here to read the full report.

2007 Report for NDHHS Child Welfare Unit and Office of Juvenile Services

The Nebraska Department of Health and Human Services published their 2007 annual report for the Child Welfare Unit and Office of Juvenile Services. The report, published in December 2008, provides information regarding child demographic populations served by the Department, information about program services, program assessment data, and goals for improvement. One figure that is important to note is that during 2007 there were four times more Native American children and three times more African American children in state care than in the overall child population, showing the racial disparity present within Child Protective Services.

Click here to read the full report.

2007 Foster Care Review Board Annual Report

The Nebraska State Foster Care Review Board released their 2007 Annual Report, which focuses on recommendations for improvement within Nebraska’s child welfare system. The report includes steps the Foster Care Review Board has taken in 2007 to improve the foster care system, recommendations for further change, and statistical information regarding children involved in the system. The report emphasizes increased oversight of the Department of Health and Human Services, greater accessibility of services, and a reduction of caseworker changes as some of the areas needing improvement.

Click here to read the full report.

UPCOMING TRAININGS AND CONFERENCES

Free ICWA Training is being offered by Project Harmony, the Through the Eyes of the Child Initiative, the National Council of Juvenile and Family Court Judges, Douglas County CASA, and the Nebraska Department of Health and Human Services, on Friday, March 13, 2009 at the Creighton University School of Law. To register please go to http://ccfl.unl.edu/registration/icwa.php

Nebraska CASA Volunteer Conference will be held on February 28, 2009 at the Douglas County CASA office located at 2412 St. Mary’s Ave. from 8:30-4:00. For more information, contact Rosa Reyes at rreyes@casaomaha.info.

The ABA Center on Children and the Law’s Biannual National Conference will be held May 14-16 in Washington, D.C.

Click here for more information.

 

We invite you to contact us if Appleseed can be of any assistance on systemic issues that arise in your practice. I may be reached at lyoung@neappleseed.org or (402) 438-8853, ext. 110.

LaShawn Young
Staff Attorney
Child Welfare System Accountability Program

For more information about the Child Welfare System Accountability Project, please visit: http://www.NeAppleseed.org/children

For more information about Nebraska Appleseed, please visit: http://www.NeAppleseed.org

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