Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Rev. Stat. § 28-710‘Child abuse or neglect’ means knowingly, intentionally, or negligently causing, or permitting a minor child to be placed in a situation that endangers his or her life or physical health, or causes or permits a child to be cruelly confined or cruelly punished.

Neglect

Citation: Rev. Stat. § 28-710‘Child abuse or neglect’ means knowingly, intentionally, or negligently causing or permitting a minor child to be deprived of necessary food, clothing, shelter, or care or causing or permitting a child age 6 or younger to be left unattended in a motor vehicle.

Sexual Abuse/Exploitation

Citation: Rev. Stat. § 28-710The term ‘child abuse or neglect’ includes knowingly, intentionally, or negligently causing or permitting a minor child to be:

• Sexually abused
• Sexually exploited by allowing, encouraging, or forcing the child to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions

Emotional Abuse

Citation: Rev. Stat. § 28-710The term ‘child abuse or neglect’ includes knowingly, intentionally, or negligently causing or permitting a minor child to be placed in a situation that endangers his or her mental health.

Abandonment

Citation: Rev. Stat. § 28-705(3)
When a person abandons and neglects to provide for his or her child or dependent stepchild for 3 consecutive months or more, it shall be prima facie evidence of intent to commit abandonment of a child or dependent stepchild.

Standards for Reporting

Citation: Rev. Stat. § 28-711
A report is required when a mandatory reporter or any other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances that reasonably would result in child abuse or neglect.

Persons Responsible for the Child

Citation: Rev. Stat. § 28-710A report must be made when any person is responsible for the abuse or neglect of a child.

Exceptions

No exceptions are specified in statute.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 42-903‘Abuse’ means the occurrence of one or more of the following acts between household members:

• Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument
• Placing, by means of credible threat, another person in fear of imminent bodily injury
• Engaging in sexual contact or sexual penetration without consent, as defined in § 28-318

For purposes of this subdivision, ‘credible threat’ means a verbal or written threat, including a threat performed through the use of an electronic communication device or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct that is made by a person with the apparent ability to carry out the threat, so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat shall not prevent the threat from being deemed a credible threat under this section.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 28-323A person commits the offense of ‘domestic assault in the third degree’ if he or she:

• Intentionally and knowingly causes bodily injury to his or her intimate partner
• Threatens an intimate partner with imminent bodily injury
• Threatens an intimate partner in a menacing manner

A person commits the offense of ‘domestic assault in the second degree’ if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.

A person commits the offense of ‘domestic assault in the first degree’ if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.

Persons Included in the Definition

Citation: Rev. Stat. §§ 42-903; 28-323In civil law: ‘Family or household members’ includes:

• Spouses or former spouses
• Children
• Persons who are presently residing together or who have resided together in the past
• Persons who have a child in common whether or not they have been married or have lived together at any time
• Other persons related by consanguinity or affinity
• Persons who are presently or who have been involved in a dating relationship with each other

‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context.

In criminal law: ‘Intimate partner’ means:

• A spouse or former spouse
• Persons who have a child in common whether or not they have been married or lived together at any time
• Persons who are or were involved in a dating relationship

‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context.

Current Through March 2015

Citation: Rev. Stat. § 28-716

Any person participating in an investigation or making a report of child abuse or neglect required by § 28-711 or participating in a judicial proceeding resulting therefrom shall be immune from any civil or criminal liability that might otherwise be incurred or imposed, except for maliciously false statements.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Stat. § 28-711When a mandated reporter has reasonable cause to believe that a child has been subjected to abuse or neglect, he or she shall report to the proper law enforcement agency or the Department of Health and Human Services on the toll-free number.

The report may be made orally by telephone with the caller giving his or her name and address and shall be followed by a written report.

Content of Reports

Citation: Rev. Stat. § 28-711The report shall contain:

• The address and age of the child
• The address of the person having custody of the child
• The nature and extent of the abuse or neglect or the conditions or circumstances that would reasonably result in abuse or neglect
• Any evidence of previous abuse or neglect
• Any other information that in the opinion of the reporter may be helpful in establishing the cause of the child abuse or neglect and the identity of the perpetrator or perpetrators

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Rev. Stat. § 28-711The department shall establish a statewide toll-free number to be used by any person any hour of the day or night, any day of the week, to make reports of child abuse or neglect.

Initial Screening Decisions

Citation: Rules & Regs. Tit. 39, § 3-006.02Allegations that meet the definition of child abuse and neglect will be assigned for assessment. When a reporting party’s concerns do not meet the definition of child maltreatment, but other agencies or department programs exist to deal with the concern, the report will be referred to the appropriate agency or program.

Agency Conducting the Assessment/Investigation

Citation: Rev. Stat. § 28-713; Rules & Regs. Tit. 390, § 4-008.01It is the duty of the law enforcement agency to investigate the report, to take immediate steps to protect the child, and to institute legal proceedings, if appropriate. The law enforcement agency may request assistance from the department during the investigation and shall, by the next working day, notify either the hotline or the department of receipt of the report, including whether or not an investigation is being undertaken by the law enforcement agency. A copy of all reports, whether or not an investigation is being undertaken, shall be provided to the department.

In regulation: All department assessments on suspected child abuse and neglect will be coordinated with the appropriate law enforcement agency.

Assessment/Investigation Procedures

Citation: Rules & Regs. Tit. 390, §§ 3-006.02; 4-004.02; 4-005When law enforcement has investigated a report and has reported its findings to the department, the department will enter the findings in the central registry. The department will not begin another assessment unless the law enforcement investigation indicates the child is at continued risk or the information on the family is incomplete.

When a child is an alleged victim of abuse or neglect by his or her parent, a worker has the authority to contact the child to conduct an interview necessary for an assessment.

The following tasks apply to any initial assessment conducted by Child Protective Services:

• Interview the child, parents, siblings, and other relevant family members or collateral contacts
• Gather information from any other sources who may have information about the presenting problem or alleged maltreatment or the risk and safety of the children
• Observe the child, siblings, and parents
• Observe the interaction among family members and the home and neighborhood
• Document and analyze the information gathered

Specific areas for observation are:

• The physical condition of the children, including any observable effects of maltreatment
• The emotional status of the children, including mannerisms, signs of fear, and development status
• The emotional and behavioral status of the parents during the interviewing process, levels of denial and resistance, and use of defense mechanisms
• Interactions among the family members, including oral and facial expressions and body language
• The physical status of the home, including cleanliness, structure, hazards, or dangerous living conditions
• Signs of excessive alcohol use and use of illicit drugs
• The climate of the neighborhood, including level of violence and support, and accessibility of transportation, telephones, or other means of communication

Timeframes for Completing Investigations

Citation:This issue is not address in the statutes and regulations reviewed.

Classification of Reports

Citation: Rev. Stat. § 28-720; Rules & Regs. Tit. 390, § 4-008.01All cases entered into the central register shall be classified as one of the following:

• Court substantiated: If a court of competent jurisdiction has entered a judgment of guilty against the subject of the report of child abuse or neglect upon a criminal complaint, indictment, or information, or there has been an adjudication of jurisdiction of a juvenile court over the child that relates to the report of child abuse or neglect
• Court pending: If a criminal complaint, indictment, or information or a juvenile petition that relates to the subject of the report of abuse or neglect has been filed and is pending in a court of competent jurisdiction
• Agency substantiated: If the department’s determination of child abuse or neglect against the subject of the report of child abuse or neglect was supported by a preponderance of the evidence and based upon an investigation

In regulation: Based on the information gathered and analyzed during the initial assessment phase, the worker will arrive at a finding regarding the maltreatment report. The decision at this point is whether there is credible evidence to support the finding that child abuse or neglect as defined by state statute has occurred. Case status determinations include:

• Court substantiated: A court has entered a judgment of guilty in a related criminal case.
• Petition to be filed: A criminal complaint related to the case will be filed with a court.
• Inconclusive: Evidence indicates that more likely than not (preponderance) that child abuse or neglect occurred and court adjudication does not occur.
• Unable to locate: The subjects of the maltreatment report have not been located.
• Unfounded: All reports not classified as any of the above will be classified as unfounded.

Current Through April 2015

Citation: Rev. Stat. § 28-457Any person who knowingly or intentionally causes or permits a child or vulnerable adult to inhale or have contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a Class I misdemeanor. For any second or subsequent conviction under this subsection, any person so offending is guilty of a Class IV felony.

Any person who knowingly or intentionally causes or permits a child or vulnerable adult to ingest methamphetamine, a chemical substance, or paraphernalia is guilty of a Class I misdemeanor. For any second or subsequent conviction under this subsection, any person so offending shall be guilty of a Class IIIA felony.

Any child or vulnerable adult who resides with a person violating the subsections above shall be taken into protective custody as provided in the Adult Protective Services Act or the Nebraska Juvenile Code.

Any person who violates the subsections above and a child or vulnerable adult actually suffers serious bodily injury by ingestion of, inhalation of, or contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a Class IIIA felony unless the ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a Class IB felony.

Current Through August 2014

Making The Appointment

Citation: Rev. Stat. §§ 43-272; 43-3710The court, on its own motion or upon application of a party to the proceedings, shall appoint a guardian ad litem (GAL) when a child is removed from his or her surroundings due to serious endangerment pursuant to § 43-248(3) or (4). If removal has not occurred, a GAL shall be appointed at the commencement of all cases brought under § 43-247(3)(a) or (8) [neglect, abandonment, or voluntary relinquishment of a child] and § 28-707 [child abuse].

A judge may appoint a court-appointed special advocate (CASA) volunteer in any proceeding when, in the opinion of the judge, a child who may be affected by such proceeding requires services that a volunteer can provide, and the court finds that the appointment is in the best interests of the child.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Stat. §§ 43-3710; 43-3711A CASA volunteer shall be appointed pursuant to a court order. The court order shall specify the volunteer as a friend of the court acting on the authority of the judge. The volunteer acting as a friend of the court may offer as evidence a written report with recommendations consistent with the best interests of the child, subject to all pertinent objections.

A memorandum of understanding between a court and a CASA program is required in any county where a program is established and shall set forth the roles and responsibilities of the CASA volunteer.

The volunteer’s appointment shall conclude:

• When the court’s jurisdiction over the child terminates
• Upon discharge by the court on its own motion
• With the approval of the court, at the request of the program director of the CASA program to which the volunteer is assigned
• Upon successful motion of a party to the action for the removal of the volunteer because the party believes the volunteer has acted inappropriately, is unqualified, or is unsuitable for the appointment

A CASA volunteer shall not:

• Accept any compensation for the duties and responsibilities of his or her appointment
• Have any association that creates a conflict of interest with his or her duties
• Be related to any party or attorney involved in a case
• Be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict
• Use the position to seek or accept gifts or special privileges

Qualifications/Training

Citation: Rev. Stat. §§ 43-272; 43-3708; 43-3709; Neb. Ct. R. § 4-401If the judge determines that an attorney with the requisite training is unavailable within the county, he or she may appoint an attorney without such training.

All CASA volunteers shall participate fully in preservice training, including, but not limited to, instruction on recognizing child abuse and neglect, cultural awareness, socioeconomic issues, child development, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation. Volunteers shall be required to participate in observation of court proceedings prior to appointment. Each CASA program shall provide a minimum of 10 hours of inservice training per year to volunteers.

The minimum qualifications for any prospective CASA volunteer are that he or she shall:

• Be at least age 21 and have demonstrated an interest in children and their welfare
• Be willing to commit to the court for a minimum of 1 year of service to a child
• Complete an application, including providing background information required below
• Participate in a screening interview
• Participate in the required training

For the required background screening, the program director shall obtain the following information regarding a volunteer applicant:

• A check of the applicant’s criminal history record information maintained by the Feeral Bureau of Investigation through the Nebraska State Patrol
• A check of his or her record with the central registry of child protection cases
• A check of his or her driving record
• At least three references of people who will attest to the applicant’s character, judgment, and suitability for the position of a CASA volunteer

If the applicant has lived in Nebraska for less than 12 months, the program director shall obtain the records required above from all other jurisdictions in which the applicant has lived during the preceding year.

In court rules: The court shall appoint an appropriately trained attorney as a GAL. This includes 6 hours of specialized training provided by the Administrative Office of the Nebraska Supreme Court. In order to maintain eligibility to be appointed and to serve as a GAL, an attorney shall complete 3 hours of specialized training per year as provided by the Administrative Office of the Court.

Specific Duties

Citation: Rev. Stat. §§ 43-272.01; 43-3712The GAL:

• Shall be present at all hearings unless expressly excused by the court
• Is not appointed to defend the parents or other custodian of the child but shall defend the legal and social interests of the child
• May at any time move the court to provide medical or psychological treatment or evaluation
• Shall make every reasonable effort to become familiar with the needs of the child, including consulting with the child within 2 weeks after the appointment and once every 6 months thereafter
• May present evidence and witnesses and cross-examine witnesses at all evidentiary hearings
• Shall be responsible for making recommendations to the court regarding the temporary and permanent placement of the child and shall submit a written report to the court at every dispositional or review hearing
• Shall consider other information that is warranted by the nature and circumstances of a particular case
• May file a petition in the juvenile court on behalf of the juvenile

A CASA shall:

• Conduct an independent examination regarding the best interests of the child that will provide factual information to the court regarding the child and the child’s family
• Determine whether an appropriate permanency plan has been created for the child, whether appropriate services are being provided to the child and the child’s family, and whether the treatment plan is progressing in a timely manner
• With the support and supervision of the CASA program staff, make recommendations consistent with the best interests of the child regarding placement, visitation, and appropriate services for the child and the child’s family
• Prepare a written report to be distributed to the court and the parties to the proceeding
• Monitor the case to ensure that the child’s essential needs are being met
• Make every effort to attend all hearings, meetings, and any other proceeding concerning the case

How the Representative Is Compensated

Citation: Rev. Stat. §§ 43-272.01; 43-273The court may order the expense of the GAL’s consultation, if any, to be paid by the county in which the juvenile court action is brought, or the court may, after notice and hearing, assess the cost of such consultation, if any, in whole or in part to the parents of the child. The ability of the parents to pay and the amount of the payment shall be determined by the court by appropriate examination.

Counsel and GALs appointed as provided in § 43-272 shall apply to the court that handled the proceedings for fees for services performed. The court upon hearing the application shall fix reasonable fees. The county board of the county wherein the proceedings were heard shall allow the account, bill, or claim presented by any attorney or GAL for services performed in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount has been determined by the court.

Current Through April 2014

When Case Plans Are Required

Citation: Rev. Stat. § 43-1312; Admin. Code Tit. 390, §§ 5-004.02, 02AFollowing the investigation conducted pursuant to § 43-1311 and immediately following the initial placement of the child, a safe and appropriate plan shall be established for the child.

In regulation: A written case plan will be developed following the assessment of the family or child’s needs. Case plan evaluation and revision will then occur at least every 6 months. A written court report incorporating the elements of the case plan will be submitted to the court at least 3 days before, or as dictated by local court protocol, the initial dispositional hearing or any subsequent review hearing.

When a child is placed in the custody of the department, Federal regulations require that a case plan be developed within 60 days of the date of placement. When there is insufficient time to develop a case plan within this time frame for the child welfare cases, the safety plan will serve as the case plan.

Who May Participate in the Case Planning Process

Citation: Rev. Stat. § 43-1312; Admin. Code Tit. 390, § 5-004.02BThe person or court in charge of the child shall cause to be established a safe and appropriate plan for the child.

In regulation: Case planning is the responsibility of the caseworker with the active involvement of the child and family and the members of the team supporting services to the family.

Contents of a Case Plan

Rev. Stat. § 43-1312; Admin. Code Tit. 390, §§ 5-004.02A; .02B; .02DThe plan shall contain at least the following:

• The purpose for which the child has been placed in foster care
• The estimated length of time necessary to achieve the purposes of the foster care placement
• A description of the services to be provided in order to accomplish the purposes of the foster care placement
• The person or persons who are directly responsible for the implementation of such plan
• A complete record of the previous placements of the foster child
• The name of the school the child shall attend, as provided in § 43-1311

In regulation: The department will include in the plan for a ward who is age 16 or older a written proposal describing programs and services designed to assist the ward in acquiring independent living skills. A ward whose goal is independent living or is determined to be at a greater risk of failure will receive a proportionately greater emphasis on these services. The specific case plan will be based on an assessment of the ward’s readiness for independent living.

The case planning process will:

• Focus on the problems identified in the assessment of the family and youth
• Identify a permanency objective
• Establish and prioritize goals
• Identify the action steps needed to reunite the family or to prevent out-of-home placement
• Use the family’s resources
• Build upon the family’s and child’s strengths
• Develop or maintain family responsibility
• Identify who is responsible for tasks
• Establish timeframes for achieving case goals, projected discharge, and case closure
• Establish an evaluation process to assess whether outcomes are being achieved

Department staff will use Tribal social services whenever possible when working with Native American parents and children. Case planning and service provision will be based upon the social and cultural standards of the Tribe. Active efforts will be made to provide culturally relevant remedial and rehabilitative services to prevent the breakup of the family and to reunify the family.

Current Through January 2016

Schedule of Hearings

Citation: Rev. Stat. §§ 43-1312; 43-1314.01The court that has jurisdiction over a child who is placed in foster care shall review the dispositional order for the child at least once every 6 months.

A permanency hearing shall be conducted by the court:

• No later than 12 months after the child enters foster care and at least annually thereafter
• Within 30 days of a finding that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 43-1314Notice of a hearing shall be provided to:

• The person charged with the care of the child
• The child’s parents or guardian unless parental rights have been terminated
• The foster child if he or she is age 14 or older
• The foster parents
• The child’s guardian ad litem
• Foster Care Review Office and designated local foster care review board
• The preadoptive parent
• The relative providing care for the child

Notice to the foster parent, preadoptive parent, or relative providing care shall not be construed to require that such foster parent, preadoptive parent, or relative is a necessary party to the review. The court shall inquire into the well-being of the foster child by asking questions, if present at the hearing, of any willing foster parent, preadoptive parent, or relative providing care for the child.

Determinations Made at Hearings

Citation: Rev. Stat. §§ 43-1315; 43-1316In reviewing the foster care status and permanency plan of a child, the court shall determine whether:

• Placement of the child outside the home should continue upon a written determination that return of the child to his or her home would be contrary to the welfare of such child.
• Reasonable efforts to preserve and reunify the family, if required under § 43-283.01, have been made.
• The goals of the foster care placement and of the foster care plan or permanency plan are safe and appropriate.
• The individual physical, psychological, and sociological needs of the child are being met.

Permanency Options

Citation: Rev. Stat. § 43-1312The permanency plan determined for the child shall include whether and, if applicable, when the child will be:

• Returned to the parent
• Referred to the State for filing of a petition for termination of parental rights
• Placed for adoption
• Referred for guardianship
• Placed for adoption with a fit and willing relative

Current Through March 2016

Citation: Rev. Stat. § 43-533The following principles shall guide the actions of State government when involved with families and children in need of assistance or services:

• Prevention, early identification of problems, and early intervention shall be guiding philosophies when the State plans or implements services for families or children, when such services are in the best interests of the child.
• When families or children request assistance, State and local government resources shall be utilized to complement community efforts to help meet the needs of such families. The State shall encourage community involvement in the provision of services to families and children in order to encourage and provide innovative strategies in the development of services for families and children.
• The State shall develop methods to coordinate services and resources for families and children. Every child-serving agency shall recognize that the jurisdiction of such agency serving children with multiple needs is not mutually exclusive.
• When children are removed from their home, permanency planning shall be the guiding philosophy. It shall be the policy of the State:
  • To make reasonable efforts to reunite the child with his or her family in a timeframe appropriate to the age and developmental needs of the child as long as the best interests of the child–the health and safety of the child being of paramount concern–and the needs of the child have been given primary consideration in making a determination whether reunification is possible
  • When a child cannot remain with parents, to give preference to relatives as a placement resource
  • To minimize the number of placement changes for children in out-of-home care as long as the needs, health, safety, and best interests of the child in care are considered
• When families cannot be reunited and when active parental involvement is absent, adoption shall be aggressively pursued. Absent the possibility of adoption, other permanent settings shall be pursued. In either situation, the health, safety, and best interests of the child shall be the overriding concerns. Preference shall be given to relatives for the permanent placement of the child.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Stat. § 43-292The court may terminate all parental rights when the court finds such action to be in the best interests of the child and one or more of the following conditions exist:

• The parent has abandoned the child for 6 months or more.
• The parent has substantially and continuously or repeatedly neglected the child or a sibling of the child.
• The parent, being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care or has neglected to pay for the child’s care when legal custody of the child is with others and such payment is ordered by the court.
• The parent is unfit by reason of debauchery, habitual use of intoxicating liquor or narcotic drugs, or repeated lewd and lascivious behavior.
• The parent is unable to discharge parental responsibilities because of mental illness or mental deficiency, and there are reasonable grounds to believe that such condition will continue for a prolonged indeterminate period.
• Reasonable efforts to preserve and reunify the family have failed to rehabilitate the parent.
• The child has been in an out-of-home placement for 15 or more of the most recent 22 months.
• The parent has inflicted upon the child, by other than accidental means, serious bodily injury.
• The parent has subjected the child or another minor child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse.
• The parent has:
  • Committed murder or voluntary manslaughter of another child of the parent
  • Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent
  • Committed a felony assault that resulted in serious bodily injury to the child or another minor child of the parent
• One parent has been convicted of felony sexual assault of the other parent.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Rev. Stat. § 43-292.02A petition shall not be filed to terminate the parental rights of the child’s parents if the basis for the petition is that:

• The parent is financially unable to provide health care for the child.
• The parent is incarcerated.

The petition is not required to be filed if:

• The child is being cared for by a relative.
• The Department of Health and Human Services has documented in the case plan or permanency plan a compelling reason for determining that filing such a petition would not be in the best interests of the child.
• The family of the child has not had a reasonable opportunity to avail themselves of the services deemed necessary in the case plan or permanency plan approved by the court if reasonable efforts to preserve and reunify the family are required by law.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Rev. Stat. § 29-121

A child who is 30 days old or younger may be relinquished.

Who May Relinquish the Infant

Citation: Rev. Stat. § 29-121

A person may leave the child at a licensed hospital.

Who May Receive the Infant

Citation: Rev. Stat. § 29-121

The child may be left in the custody of an employee on duty at a hospital licensed by the State of Nebraska.

Responsibilities of the Safe Haven Provider

Citation: Rev. Stat. § 29-121

The hospital shall promptly contact appropriate authorities to take custody of the child.

Immunity for the Provider

This issue is not addressed in the statutes reviewed.

Protection for Relinquishing Parent

Citation: Rev. Stat. § 29-121

No person shall be prosecuted for any crime based solely upon the act of leaving a child 30 days old or younger in the custody of an employee on duty at a hospital licensed by the State of Nebraska.

Effect on Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Rev. Stat. §§ 71-1901; 43-1503The term ‘kinship home’ means a home where a child receives foster care and at least one of the primary caregivers has previously lived with the child or a sibling of the child, or is a trusted adult that has a preexisting, significant relationship with the child or a sibling of the child.

The term ‘relative home’ means a home where a child receives foster care and at least one of the primary caregivers is related to the child or to a sibling of the child in his or her care by blood, marriage, or adoption or, in the case of an Indian child, at least one of the primary caregivers is an extended family member as defined in § 43-1503.

For an Indian child, an ‘extended family member’ shall be as defined by the law or custom of the Indian child’s Tribe or, in the absence of such law or custom, shall be a person who has reached age 18 and who is the Indian child’s parent, grandparent, aunt or uncle, clan member, band member, sibling, brother-in-law or sister-in-law, niece or nephew, cousin, or stepparent.

Purpose of Guardianship

Citation: Admin. Code Tit. 390, § 6-001.01Legal guardianship is considered as a permanency objective when:

• All efforts to reunify the family have been exhausted.
• The child cannot return home.
• All reasonable efforts to secure adoption of the child have been unsuccessful, or it is determined that adoption is not in the best interests of the child.

A Guardian’s Rights and Responsibilities

Citation: Rev. Stat. § 43-1312.01In the order granting guardianship, the juvenile court shall grant to the guardian such powers, rights, and duties with respect to the care, maintenance, and treatment of the child, as the biological or adoptive parent of the child would have.

A guardianship established under this section does not terminate the parent-child relationship, including:

• The right of the child to inherit from his or her parents
• The right of the biological parents to consent to the child’s adoption
• The responsibility of the parents to provide financial, medical, or other support as ordered by the court

Qualifying the Guardian

Citation: Rev. Stat. § 43-1312.01; Admin. Code Tit. 390, §§ 6-004; 6-004.01Before issuing an order for guardianship, the court must find that the guardian:

• Is suitable and able to provide a safe and permanent home for the child
• Has made a commitment to provide for the financial, medical, physical, and emotional needs of the child until the child reaches the age of majority or until the termination of extended guardianship assistance payments pursuant to § 43-4511 or 43-4514
• Has made a commitment to prepare the child for adulthood and independence
• Agrees to give notice of any changes in his or her residential address or the residence of the child by filing a written document in the juvenile court file of the child

In regulation: The Department of Health and Human Services will support a legal guardianship using the following guidelines:

• The child has a relationship with a prospective guardian and has lived successfully for a minimum of 6 months in the home of the guardian, or the caseworker has determined that the child will develop a relationship with a relative or foster parent who is committed to the guardianship plan.
• The prospective guardian and the child can function effectively without department supervision.
• The guardian is able and willing to support the child financially, or satisfactory financial arrangements can be made.
• The child is age 12 or older, is part of a sibling group, or is attached to the proposed guardian and adoption is not feasible.

The department will use the following priorities in selecting a potential guardian:

• A relative of the child
• A foster parent or another person with whom the child has an existing relationship
• A new foster parent who is committed to the guardianship plan

The child’s wishes will be taken into consideration in any decision regarding a potential guardian.

Procedures for Establishing Guardianship

Citation: Rev. Stat. § 43-1312.01; Admin. Code Tit. 390, §§ 6-004.02; 6-004.03If the permanency plan for a child does not recommend return of the child to his or her parent or that the child be placed for adoption, the juvenile court may place the child in a guardianship in a relative home, in a kinship home, or with an individual as provided in § 43-285 if:

• The child is a juvenile who has been adjudged to be dependent.
• The child has been in the placement for at least 6 months.
• The child consents to the guardianship, if the child is age 10 or older.

In regulation: The child, the prospective guardian, the child’s guardian ad litem, and the birth parents, if their parental rights are intact, will be consulted for consent to the guardianship. If a child under age 13 has objections to the guardianship, these will be explored with the child and the guardian ad litem, and a determination of the best interests of the child will be made. If a child age 14 or older objects to the guardianship, the guardianship will not be pursued.

To assure stability and continuity to the child, the caseworker will assist all parties involved to develop a written plan for visitation with any siblings, parents (if appropriate), and other relatives or important persons in the child’s life.

When guardianship is determined to be the plan of choice for a child, and the child has resided with the prospective guardian for a minimum of 6 months, the caseworker will advise the prospective guardian to retain legal counsel and file a petition for guardianship in the county court of the county of his or her residence. The caseworker will appear in court to testify in support of the petition.

Upon approval of the court of the guardianship, the caseworker will close the case. Once the court order establishes guardianship, the department no longer has any authority or responsibility for the child except as might exist due to a subsidized guardianship.

Contents of a Guardianship Order

Citation: Rev. Stat. § 43-1312.01In the order granting guardianship, the juvenile court:

• May specify the frequency and nature of family time or contact between the child and his or her parents, if appropriate
• May specify the frequency and nature of family time or contact between the child and his or her siblings, if appropriate
• Shall require that the guardian not return the child to the physical care and custody of the person from whom the child was removed without prior approval of the court

The court shall discontinue permanency reviews and case reviews and shall relieve the department of the responsibility of supervising the placement of the child. Notwithstanding the retention of juvenile court jurisdiction, the guardianship placement shall be considered permanent for the child.

Modification/Revocation of Guardianship

Citation: Rev. Stat. § 43-1312.01The juvenile court shall retain jurisdiction over the child for modification or termination of the guardianship order. The child shall remain in the custody of the guardian unless the order creating the guardianship is modified by the court.

Guardianships established under this section shall terminate on the child’s 19th birthday unless the child is eligible for continued guardianship assistance payments under § 43-4511 or 43-4514, and an agreement is signed by the department, the guardian, and the young adult to continue the guardianship assistance. The guardian shall ensure that any guardianship assistance funds provided by the department and received by the guardian for the purpose of an extended guardianship shall be used for the benefit of the young adult.

Upon the child’s 19th birthday regardless of the existence of an agreement to extend the guardianship until the child’s 21st birthday, the guardian shall no longer have the legal authority to make decisions on behalf of the child and shall have no more authority over the person or property of the child than a biological or adoptive parent would have over his or her child, absent consent from the child.

Eligibility for Guardianship Subsidy

Citation: Rev. Stat. § 43-284.02; Admin. Code Tit. 390, §§ 6-005.02The department may make payments as needed on behalf of a child who has been a ward of the department after the appointment of a guardian for the child. Such payments to the guardian may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. The child under guardianship shall be a child for whom the guardianship would not be possible without the financial aid provided under this section.

In regulation: The subsidized guardianship program provides continued financial assistance to a child after a legal guardian has been appointed and department’s custody has been terminated. State funds may be used for subsidized guardianship payments on behalf of a child who was a ward of the department, as provided in § 43-284.02.

A child is eligible for the subsidized guardianship program if he or she is a ward of the department and meets the criteria for subsidized guardianship as follows:

• The child has a documented behavioral, emotional, physical, or mental disability.
• The child is a member of a sibling group of three or more to be placed together.
• The child has a strong attachment to the potential guardian.
• The child is age 12 or older or, if under age 12, is part of a sibling group, or is attached to the proposed guardian and cannot be freed for adoption.

A child’s eligibility ends upon the child’s 19th birthday, when the child becomes self-supporting, or when the guardianship order is terminated.

Links to Agency Policies

Nebraska Department of Health and Human Services, Child and Family Services Rules and Regulations, Title 390, Chapter 6, Permanency for Children (PDF – 462 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 43-533; 43-1508When a child cannot remain with his or her parent, preference is given to relatives as a placement resource.

In any foster care or preadoptive placement of an Indian child, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

• A member of the Indian child’s extended family
• A foster home licensed, approved, or specified by the Indian child’s Tribe
• An Indian foster home licensed or approved by an authorized non-Indian licensing authority
• An institution for children approved by an Indian Tribe or operated by an Indian organization that has a program suitable to meet the Indian child’s needs

Requirements for Placement with Relatives

Citation: Ann. Stat. § 71-1904; Admin. Code Tit. 474, § 6-003.3AThe Department of Health and Human Services may issue a waiver for any licensing standard not related to children’s safety for a relative home that is pursuing licensure. Such waivers shall be granted on a case-by-case basis upon assessment by the department based upon the best interests of the child. A relative home that receives a waiver pursuant to this subsection shall be considered fully licensed for purposes of Federal reimbursement under the Federal Fostering Connections to Success and Increasing Adoptions Act of 2008, P.L. 110-351.

The department shall adopt and promulgate rules and regulations establishing new foster home licensing requirements that ensure children’s safety, health, and well-being but minimize the use of licensing mandates for nonsafety issues. Such rules and regulations shall provide alternatives to address nonsafety issues regarding housing and provide assistance to families in overcoming licensing barriers, especially in child-specific relative and kinship placements, to maximize appropriate reimbursement under Title IV-E of the Federal Social Security Act, as amended, including expanding the use of kinship guardianship assistance payments under 42 U.S.C. 673(d), as such act and section existed on January 1, 2013.

In regulation: Foster care services provided by grandparents to their grandchildren are not required by State law to be licensed, but the grandparents may voluntarily apply for a license.

Requirements for Placement of Siblings

Citation: Ann. Stat. § 43-1311.02Reasonable efforts shall be made to place a child and the child’s siblings in the same foster care or adoptive placement, unless such placement is contrary to the safety or well-being of any of the siblings. This requirement applies even if the custody orders of the siblings are made at separate times.

If the siblings are not placed together in a joint-sibling placement, the department shall provide the siblings and the court with the reasons why a joint-sibling placement would be contrary to the safety or well-being of any of the siblings.

When siblings are not placed together, the department shall make a reasonable effort to provide for frequent sibling visits or ongoing interaction between the child and the child’s siblings, unless the department provides the siblings and the court with reasons why such sibling visits or ongoing interaction would be contrary to the safety or well-being of any of the siblings. The court shall determine the type and frequency of sibling visits or ongoing interaction to be implemented by the department.

If an order is entered for termination of parental rights of siblings who are subject to this section, the department shall make reasonable efforts to make a joint-sibling placement or do all of the following to facilitate frequent sibling visits or ongoing interaction between the child and the child’s siblings when the child is adopted or enters a permanent placement:

• Include in the training provided to prospective adoptive parents information regarding the importance of sibling relationships to an adopted child and counseling methods for maintaining sibling relationships
• Provide prospective adoptive parents with information regarding the child’s siblings
• Encourage prospective adoptive parents to plan for facilitating postadoption contact between the child and the child’s siblings

Relatives Who May Adopt

Citation: Ann. Stat. §§ 43-533(5); 43-1508When families cannot be reunited and when active parental involvement is absent, adoption shall be aggressively pursued. Absent the possibility of adoption, other permanent settings shall be pursued. In either situation, the health, safety, and best interests of the child shall be the overriding concern. Within that context, preference shall be given to relatives for the permanent placement of the child.

In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

• A member of the child’s extended family
• Other members of the Indian child’s Tribe
• Other Indian families

Requirements for Adoption by Relatives

Citation: Ann. Stat. § 43-107An adoptive home study shall not be required when the petitioner is a stepparent of the adopted person unless required by the court, except that for petitions filed on or after January 1, 1994, the judge shall order the petitioner to request the Nebraska State Patrol to file a national criminal history record information check and to request the department to conduct and file a check of the central register for any history of the petitioner of behavior injurious to, or that may endanger the health or morals of, a child.

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Stat. § 43-532(2)When children and families require assistance from a State department or agency, the health and safety of the child is the paramount concern, and reasonable efforts shall be made to provide such assistance in the least intrusive and least restrictive method consistent with the needs of the child and to deliver such assistance as close to the home community of the child or family requiring assistance as possible.

When Reasonable Efforts Are Required

Citation: Rev. Stat. § 43-283.01Reasonable efforts shall be made:

• Prior to placement to prevent or eliminate the need for removing the juvenile from the home
• To make it possible for the juvenile to return home safely
• To place the juvenile in a timely manner and to finalize a permanent placement if continuation of reasonable efforts is determined to be inconsistent with the permanency plan

When Reasonable Efforts Are NOT Required

Citation: Rev. Stat. § 43-283.01Reasonable efforts to preserve and reunify the family are not required if the court has determined that:

• The parent has subjected the juvenile or another minor child to aggravated circumstances, including abandonment, torture, chronic abuse, or sexual abuse.
• The parent has committed murder or voluntary manslaughter of another child, or aided, abetted, or attempted to commit such a crime.
• The parent has committed felony assault resulting in serious bodily injury to the child or another child.
• The parent has been convicted of felony sexual assault of the other parent of the child.
• The parent’s parental rights to another child have been terminated involuntarily.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Rev. Stat. § 30-2608The court may appoint a standby guardian for a minor whose parent is chronically ill or near death.

How to Establish a Standby Guardian

Citation: Rev. Stat. §§ 30-2608; 30-2610A petition must be filed and a hearing held before the court to appoint a guardian.

The court shall appoint a person nominated by a minor who is age 14 or older, unless the court finds that the appointment is contrary to the minor’s best interests.

How Standby Authority is Activated

Citation: Rev. Stat. § 30-2608The standby guardian’s authority may take effect, if the minor is left without a remaining parent, upon:

• The death of the parent
• The mental incapacity of the parent
• The physical debilitation and consent of the parent

Involvement of the Noncustodial Parent

Citation: Rev. Stat. § 30-2608
A parent is preferred as a guardian.

For a child born out of wedlock, the court also considers:

• The wishes of the deceased parent, as stated in a will
• The surviving parent’s acknowledgment of paternity, payment of child support, and fitness as a parent

Authority Relationship of the Parent and the Standby

Citation: Rev. Stat. § 30-2608An appointment of a standby guardian does not suspend or terminate a parent’s parental rights.

Withdrawing Guardianship

Citation: This issue is not addressed in the statutes reviewed.