Foster Care Reform Update

06/12/2007

In this issue:

  • Policy Spotlight: Legislative Session Recap
  • Nebraska Court Opinions: In re Interest of Kevin K.
  • Nebraska Legislative Actions: Interim Studies
  • Upcoming Events and Conferences

POLICY SPOTLIGHT

Legislative Session Recap

The 100th Legislature, first session adjourned sine die on May 31, 2007. Here’s a recap:

This session, Nebraska Appleseed monitored 19 child welfare bills. The majority of these bills (13) did not advance out of committee. Nevertheless, each bill was given a public hearing in which committee members heard testimony from multiple perspectives on various sides of the issues. The bills that did not advance are still “on the table” and may be advanced next year for the second session of the 100th Legislature because they were not “killed” in committee (or “indefinitely postponed”). However, most likely these bills would have to be designated as a senator’s priority bill in order to move next session. Four child welfare bills were “indefinitely postponed.” Those four bills would have to be re-introduced in future sessions.

On the other hand, six bills were voted out of committee. Of these bills, two – LB 296 to reorganize HHS and LB 457 to require a Caregiver Information Form for foster care proceedings - advanced to final vote and were passed by the Legislature and signed into law by the Governor. For a summary of LB 457, click here to read May’s “Policy Spotlight” on this new law. LB 461 to provide for policies and procedures relating to foster care (previously “to provide rights to foster parents”) advanced to “select file” and was debated on the floor by the full legislative body. Bills on select file may be considered by the Legislature during the first ten days of the 2008 session.

Overall, despite the relatively small number of child welfare bills that advanced, the number of bills introduced and issues raised during committee hearings educated senators about the need for reform of Nebraska’s child welfare system. We heard repeatedly from senators that the issue of foster care reform is on the “radar screen.” Often, bills must be introduced a number of times before they are ultimately passed. Laying the groundwork and educating senators about the issues is an important part of the process.

Another way to lay the groundwork for reform is through interim studies. Interim studies are an opportunity for legislative committees to consider issues between legislative sessions. Oftentimes as part of an interim study, the committee will hold public hearings and/or compile a report on the issue. This session, six interim studies related to child welfare were introduced. These proposals include two studies examining the GAL system, a general study examining the foster care system, and a study to examine ways to increase the pool of foster parents. Nebraska Appleseed asked Senator Johnson to introduced LR 201, an interim study to examine policies with regard to non-English speaking families in the child welfare system. Appleseed has been informed that the HHS Committee has consolidated three studies (LR 157, LR 163 & LR 201) into one child welfare study, which the Committee has prioritized. We have also been informed that both studies examining the GAL system (LR 97 & 200) have been prioritized by the Judiciary Committee.

For a listing of child welfare interim studies, see “Nebraska Legislative Actions” below.

For a chart showing child welfare bills and final actions taken on them during the 2007 session, click here.

For more information, visit http://www.nebraskalegislature.gov

NEBRASKA COURT OPINIONS

In re Interest of Kevin K., A-06-447, 15 Neb. App. 641
http://court.nol.org/opinions/2007/june/jun5/a06-447.pdf (Decided June 5, 2007).

On July 14, 2005, Kevin K. was adjudicated under Neb. Rev. Stat. § 42-247(3)(b) for habitual truancy from school. The dispositional order required Kevin to timely attend all scheduled classes and further mandated DHHS approval for excused absences. In November, Kevin filed a motion to terminate jurisdiction because he had turned 16 years old and his mother signed a release form permitting Kevin to discontinue enrollment from school in accordance with § 79-201(3)(d). Kevin’s caseworker recommended that, because the case was based on truancy, the case be closed, and testified that since Kevin was no longer enrolled in school, there were no further services that DHHS could provide to Kevin. On March 14, 2006, the juvenile court granted the motion to terminate jurisdiction. However, the court noted that terminating jurisdiction was not in Kevin’s best interests. The State appealed, arguing that the juvenile court erroneously terminated jurisdiction over Kevin. The issue on appeal was whether a juvenile court may retain jurisdiction over a child after the basis for jurisdiction has expired. Ultimately it was determined that a juvenile court may retain jurisdiction even after the initial basis for jurisdiction has expired. The Court of Appeals used a nearly factually identical case, In Interest of C.W., 292 Ill.App.3d 201, 684 N.E.2d 1076 (1997), to argue that a truant minor in need of supervision may not be discharged from jurisdiction by merely becoming 16 years old. In examining § 43-247, which states that “…the juvenile court’s jurisdiction…shall continue until the individual reaches the age of majority or the court otherwise discharges the individual from its jurisdiction,” the Court of Appeals reasoned that Kevin’s minority status did not end as a result of his mother’s discontinuing his enrollment from school. The Court of Appeals went on to state that, while the State must prove a factual basis that the child falls within the asserted subsection/s of § 43-247 in order to assume jurisdiction over a child, the statute does not set forth that the factual basis must continue to exist throughout the duration of the juvenile court’s exercise of that jurisdiction. Relying on the juvenile court’s findings, the Court of Appeals used evidence of Kevin’s lack of a high school diploma or equivalency degree, unemployment, and virtually nonexistent work history to conclude that it was not in Kevin’s best interests to sever the juvenile court’s jurisdiction and therefore the juvenile court erred in terminating jurisdiction.

Judge Moore dissented, arguing, among other things, that the majority’s opinion inappropriately places a limitation on § 79-201(3)(d) (the compulsory education statute) by excluding children who are under the jurisdiction of the juvenile court.

NEBRASKA LEGISLATIVE ACTIONS

Interim Studies Introduced

LR 97 – Interim study to direct the Judiciary Committee to review the North Carolina statewide guardian ad litem system. Introduced by Sen. Hudkins.

LR 157 – Interim study of the foster care system. Introduced by Sen. Johnson.

LR 163 – Interim study to examine ways to increase the pool of potential foster parents. Introduced by Sen. McGill.

LR 200 – Interim study to examine the guardian ad litem statutes and proposals for reform of the juvenile legal services system. Introduced by Sen. Ashford.

LR 201 – Interim study to examine policies with regard to non-English speaking families in the Nebraska child welfare system. Introduced by Sen. Johnson.

LR 208 – Interim study to provide additional recommendations relating to the reorganization of the Nebraska Health and Human Services System. Introduced by Sen. Johnson.

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

Upcoming Events and Conferences

Attorney Scholarships for NACC Conference Available: The National Association of Counsel for Children (NACC) will be holding its 30th National Juvenile and Family Law Conference, Achieving Quality Legal Representation for Children, Families, and the State, in Keystone Mountain Resort, CO on August 15-18, 2007. The Nebraska Court Improvement Project is funding scholarships for attorneys to attend the conference. The scholarships include airfare, hotel, transportation to and from conference location, registration fee (which includes a one-year membership with NACC), and food reimbursement. There are six scholarships available in the following categories: two Guardian ad Litem attorneys, two County Attorneys, and two Parents Attorneys. Requirements are that the applicant must be a member of the Nebraska State Bar and have been a practicing juvenile law attorney for five years or less. Applications are due by June 20, 2007. For more information visit http://www.throughtheeyes.org.

Through the Eyes of the Child Initiative Website: The Through the Eyes of the Child Initiative has a new website: http://www.throughtheeyes.org. The Through the Eyes of the Child Initiative was created after the Nebraska Children’s Summit in September 2006. The Initiative created “local teams” of judges, HHS administrators, parent’s attorneys, county attorneys, GALs, CASAs and FCRB members. These local teams are working to implement best court practices through the National Council of Juvenile and Family Court Judges (NCJFCJ) Resource Guidelines.

Dates for Supreme Court GAL Training Have Been Set: Recent Supreme Court Rule requires GALs in juvenile proceedings to complete six hours of specialized training. The requirement is effective January 1, 2008. The training will be offered in every Nebraska judicial district, but attorneys may register for and attend training in any judicial district. Additional information, including dates and locations, is available at http://ccfl.unl.edu/registration/sc_gal.php.

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

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

To make an online donation and help us make a difference, please visit: NeAppleseed.org/contribute

Sign-up to receive other Nebraska Appleseed news

Contribute to Appleseed

Donate Now

 

Resources

Past Foster Care Reform Updates

 

Publications

Contact

© 2007 Nebraska Appleseed | 941 'O' Street, Suite 920 Lincoln, NE 68508 | Tel. 402.438.8853 Fax. 402.438.0263 |