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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 328
Introduced by Bolz, 29.
Read first time January 16, 2019
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to children and families; to amend sections
2 28-710, 28-713, 28-720, 28-728, 28-729, 43-1301, 43-2201, 43-2203,
3 43-2204, 43-2205, 43-2209, 68-1207, and 68-1212, Reissue Revised
4 Statutes of Nebraska; to adopt the Nebraska Family First Act; to
5 define and redefine terms; to create, change, and eliminate
6 provisions relating non-court-involved responses to reports of child
7 abuse or neglect, the central registry of child protection cases,
8 and foster care placement; to create the kinship navigator program
9 and the family finding services project; to repeal the original
10 sections; and to outright repeal sections 43-2206, 43-2208, and
11 81-3136, Reissue Revised Statutes of Nebraska.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 19 of this act shall be known and may be
2 cited as the Nebraska Family First Act.
3 Sec. 2. (1) The Legislature finds that children do best with their
4 own family, when safety can be assured, or with relatives or kin, and in
5 the least restrictive environment. The Legislature also finds that
6 enhanced support to children and families can prevent foster care
7 placement through the provision of mental health and substance abuse
8 prevention and treatment services, in-home parent skill-based programs,
9 and kinship navigator services.
10 (2) It is the intent of the Legislature to:
11 (a) Provide services for all children who are at risk of or who have
12 already experienced abuse and neglect, regardless of their eligibility
13 for federal funding. Such services should be available in the right
14 place, at home or in the community whenever possible, at the right time,
15 preferably before children and families are in crisis, with the most
16 appropriate duration, intensity, and mix of services to meet the needs of
17 children and their families;
18 (b) Align state child welfare funding with the primary outcomes of
19 safety, permanency, and well-being;
20 (c) Equitably distribute state child welfare funding to support a
21 continuum of interventions for children and families, including early
22 intervention to prevent abuse and neglect from occurring, timely and
23 effective response to children at risk of abuse and neglect to help keep
24 families together, and urgent attention to safety, timely permanency, and
25 well-being for children in out-of-home placement;
26 (d) Maximize federal funding for child welfare, including, but not
27 limited to, funding from Title IV-E of the federal Social Security Act,
28 and the medical assistance program established pursuant to the federal
29 medicaid program;
30 (e) Provide services to children and families that follow best
31 practices, promising practices, and well-supported practices; and
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1 (f) Implement the federal Family First Prevention Services Act, as
2 such act existed on January 1, 2019, and the following sections
3 consistent with the intent stated in this section.
4 Sec. 3. For purposes of the Nebraska Family First Act:
5 (1) Candidate for foster care means a child who is identified in a
6 prevention plan as being in imminent risk of entering foster care but who
7 can remain safely in the child's home or in a kinship placement as long
8 as services and programs are provided that are necessary to prevent the
9 entry of the child into foster care. Candidate for foster care includes a
10 child whose adoption or guardianship arrangement is at risk of a
11 disruption or dissolution that would result in foster care placement.
12 Candidate for foster care includes a child with an open juvenile court
13 proceeding pursuant to subdivision (3)(a) of section 43-247 who has not
14 been removed from his or her home or is residing in his or her home, a
15 child with a non-court-involved case or an alternative response case, a
16 child whose juvenile court proceeding has closed within the past six
17 months, a child who is a victim of or is at risk of becoming a victim of
18 sex trafficking or labor trafficking as defined in section 28-830, and a
19 child for whom an initial assessment finding has been made pursuant to
20 subdivision (2)(b), (c), or (f) of section 43-272.01;
21 (2) Department means the Department of Health and Human Services;
22 (3) Kin caregiver means a person with whom a child in foster care
23 has been placed or with whom a child is residing pursuant to a temporary
24 living arrangement in a non-court-involved case when at least one of the
25 primary caretakers has previously lived with or is a trusted adult that
26 has a preexisting, significant relationship with the child or a sibling
27 of such child placed pursuant to section 43-1311.02;
28 (4) Licensed residential family-based treatment facility for
29 substance abuse means a treatment facility that provides, as part of the
30 treatment for substance abuse, trauma-informed parenting skills training,
31 parent education, and individual and family counseling;
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1 (5) Non-court-involved case means a case in which the department has
2 determined that ongoing services are required to address or alleviate the
3 safety risk or other risk identified in the initial assessment and the
4 family is willing to voluntarily engage in child protective services;
5 (6) Pregnant or parenting foster child means a pregnant or parenting
6 individual who is either a child under the age of majority in foster care
7 or a young adult in the bridge to independence program established
8 pursuant to the Young Adult Bridge to Independence Act;
9 (7) Prevention plan means a case plan that (a) identifies a foster
10 care prevention strategy for a child so that the child may remain safely
11 at home, live temporarily with a relative or kin caregiver until
12 reunification can be safely achieved, or live permanently with a relative
13 or kin caregiver and (b) lists the services or programs to be provided to
14 or on behalf of the child to ensure the success of that prevention
15 strategy;
16 (8) Qualified individual means a trained professional or licensed
17 clinician who is not an employee of the department and who is not
18 connected to, or affiliated with, any placement setting in which children
19 are placed by the state;
20 (9) Qualified residential treatment program means a residential
21 treatment program that is trauma-informed, has registered or licensed
22 nursing and other clinical staff, facilitates outreach to and
23 participation of family members of the child to the extent appropriate
24 and in accordance with the best interests of the child, documents and
25 maintains contact information for any known biological family and kin
26 caregiver, documents how family members are integrated into the treatment
27 process and how sibling connections are maintained, provides discharge
28 planning and family-based aftercare support for at least six months post-
29 discharge, and is licensed and accredited; and
30 (10) Temporary living arrangement means a short-term out-of-home
31 living and care arrangement with a relative or kin caregiver for a child
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1 in a non-court-involved case, or when such arrangement is made during an
2 initial assessment, when necessary to facilitate services provided by the
3 department under the Nebraska Family First Act in which the parent
4 temporarily delegates parental authority to the relative or kin caregiver
5 and which is approved by the department following a home visit and
6 background check.
7 Sec. 4. (1) The department shall provide prevention and family
8 services and programs in accordance with the requirements of the Nebraska
9 Family First Act for children who are determined to be candidates for
10 foster care or who are pregnant or parenting foster children and the
11 parents or relative or kin caregivers of the children. Such services and
12 programs shall be specified in advance in a prevention plan.
13 (2) The department shall provide the following services for up to
14 twelve months, unless renewed by the department, when the needs of the
15 child, parent, or caregiver are directly related to the safety,
16 permanence, or well-being of the child or to prevent the child from
17 entering foster care:
18 (a) Mental health and substance abuse prevention and treatment
19 services provided by a qualified individual that begins on the date a
20 child is identified in a prevention plan as a child who is a candidate
21 for foster care or a pregnant or parenting foster child; and
22 (b) In-home, parent-skill-based programs including parenting-skills
23 training, parent education, and individual and family counseling.
24 (3) The services or programs provided under this section shall be
25 trauma-informed and in accordance with best, promising, supported, or
26 well-supported practices listed in the federal prevention services
27 clearinghouse consistent with the federal Family First Prevention
28 Services Act, as such act existed on January 1, 2019. The department
29 shall comply with the requirements and protections of the Nebraska Family
30 First Act in all non-court-involved and alternative response cases.
31 Sec. 5. (1) The department shall maintain a written prevention plan
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1 for each candidate for foster care that shall:
2 (a) Identify the foster care prevention strategy for the child so
3 that the child may remain safely at home, live temporarily with a
4 relative or kin caregiver until reunification can be safely achieved, or
5 live permanently with a relative or kin caregiver;
6 (b) List the services or programs to be provided to or on behalf of
7 the child to ensure the safety of the child and success of that
8 prevention strategy;
9 (c) Indicate, when appropriate, that the child is receiving such
10 services or programs to prevent out-of-home placement and that absent
11 preventative services, foster care is the planned arrangement for the
12 child; and
13 (d) Include a document signed by the parents and, if applicable, kin
14 caregivers, acknowledging that a written copy of the prevention plan was
15 provided to them as well as a notice of the rights of the child, parents,
16 and applicable relative or kin caregivers.
17 (2) The department shall maintain a written prevention plan for each
18 pregnant or parenting foster child. The services or programs contained in
19 such plan do not need to pertain to parenting or pregnancy exclusively.
20 The prevention plan shall:
21 (a) Be included in a child's permanency plan if required under
22 subsection (2) of section 43-285;
23 (b) List the services or programs to ensure the safety of the child
24 and that the child is prepared and able to be a parent;
25 (c) Describe the foster care prevention strategy for any child born
26 to the pregnant or parenting foster child; and
27 (d) Include a document signed by the pregnant or parenting foster
28 child acknowledging that a written copy of the prevention plan was
29 provided to him or her as well as a notice regarding the rights of the
30 pregnant or parenting foster child as a parent to his or her child.
31 Sec. 6. (1) Nothing in the Nebraska Family First Act shall be
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1 construed to prevent law enforcement from taking temporary custody of a
2 candidate for foster care or a pregnant or parenting foster child if the
3 child is seriously endangered and immediate removal is necessary for the
4 protection of the child.
5 (2) In all non-court-involved cases and cases involving a candidate
6 for foster care where the child lives temporarily with a relative or kin
7 caregiver until reunification can be safely achieved or permanently with
8 a relative or kin caregiver, a parent shall have the right to have his or
9 her children returned to his or her home upon demand unless the child is
10 seriously endangered by his or her surroundings and immediate removal is
11 necessary for the child's protection. If the child is seriously
12 endangered and immediate removal is necessary, the department shall
13 inform the parent that he or she may be referred for a court-involved
14 case or for a petition to be filed pursuant to subdivision (3)(a) of
15 section 43-247.
16 (3) In all non-court-involved cases and cases involving a candidate
17 for foster care where the child lives temporarily with a relative or kin
18 caregiver until reunification can be safely achieved or permanently with
19 a relative or kin caregiver, the relative or kin caregiver shall have
20 temporary parental authority to exercise powers regarding the care,
21 custody, and property of the child except (a) the power to consent to
22 marriage and adoption of the child or (b) for other limitations placed on
23 the delegation of parental authority to the relative or kin caregiver
24 described in the prevention plan. The department shall reimburse such
25 relative or kin caregiver for facilitating services for the child
26 necessary to complete the prevention plan and shall notify the relative
27 or kin caregiver if he or she is eligible for the child-only Temporary
28 Assistance to Needy Families program established in 42 U.S.C. 601 et
29 seq., and assist the relative or kin caregiver in applying for such
30 program.
31 (4) The department shall provide a written notice of rights to
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1 parents and, if applicable, to relative or kin caregivers that complies
2 with due process and includes notice (a) of the possibility that a
3 petition under section 43-247 could be filed in the future if it is
4 determined that the safety of the child is not or cannot be assured and
5 (b) that their participation in receiving prevention services could be
6 relevant evidence presented in any future proceedings. The notice of
7 rights shall also include the parent's or relative or kin caregiver's
8 right to refuse any or all voluntary services without any referral for a
9 court-involved case or for a petition to be filed pursuant to section
10 43-247 if the child is not seriously endangered in his or her
11 surroundings and immediate removal is not necessary for the protection of
12 the child.
13 Sec. 7. (1) If a child is seriously endangered in his or her
14 surroundings and immediate removal appears to be necessary for the
15 protection of the child, the department shall not pursue a non-court-
16 involved case and shall immediately terminate voluntary services if such
17 endangerment and need for removal becomes apparent in the course of a
18 non-court-involved case. The department shall immediately notify law
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