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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1149
Introduced by Vargas, 7; Howard, 9; Lathrop, 12.
Read first time January 22, 2020
Committee: Judiciary
1 A BILL FOR AN ACT relating to the Office of Juvenile Services; to amend
2 sections 43-401, 43-403, 43-404, 43-405, 43-406, 43-407, 43-408,
3 43-410, 43-417, 43-420, 43-425, 83-108.04, and 83-113, Reissue
4 Revised Statutes of Nebraska, and section 83-108, Revised Statutes
5 Cumulative Supplement, 2018; to change and eliminate definitions; to
6 eliminate obsolete provisions; to update a reference to federal law;
7 to change and provide duties for the Office of Juvenile Services and
8 the Department of Health and Human Services; to provide for
9 evidence-based policies, practices, procedures, and services; to
10 prohibit denial of in-person visitation and communication as a
11 sanction; to harmonize provisions; to repeal the original sections;
12 and to outright repeal sections 43-414, 43-415, 43-416, 43-418,
13 43-419, 43-421, 43-422, 43-423, 43-4002, and 83-101, Reissue Revised
14 Statutes of Nebraska.
15 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 43-401, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 43-401 Sections 43-401 to 43-425 and section 12 of this act 43-424
4 shall be known and may be cited as the Health and Human Services, Office
5 of Juvenile Services Act.
6 Sec. 2. Section 43-403, Reissue Revised Statutes of Nebraska, is
7 amended to read:
8 43-403 For purposes of the Health and Human Services, Office of
9 Juvenile Services Act:
10 (1) Aftercare means the control, supervision, and care exercised
11 over juveniles who have been discharged from commitment paroled;
12 (2) Committed means an order by a court committing a juvenile to the
13 care and custody of the Office of Juvenile Services for treatment at a
14 youth rehabilitation and treatment center identified in the court;
15 (3) Community supervision means the control, supervision, and care
16 exercised over juveniles committed to the Office of Juvenile Services
17 when a commitment to the level of treatment of a youth rehabilitation and
18 treatment center has not been ordered by the court;
19 (4) Evaluation means assessment of the juvenile's social, physical,
20 psychological, and educational development and needs, including a
21 recommendation as to an appropriate treatment plan; and
22 (5) Parole means a conditional release of a juvenile from a youth
23 rehabilitation and treatment center to aftercare or transferred to
24 Nebraska for parole supervision by way of interstate compact;
25 (6) Placed for evaluation means a placement with the Office of
26 Juvenile Services or the Department of Health and Human Services for
27 purposes of an evaluation of the juvenile; and
28 (5) (7) Treatment means type of supervision, care, confinement, and
29 rehabilitative services provided for the juvenile at a youth
30 rehabilitation and treatment center operated by the Office of Juvenile
31 Services.
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1 Sec. 3. Section 43-404, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 43-404 (1) This subsection applies until July 1, 2014. There is
4 created within the Department of Health and Human Services the Office of
5 Juvenile Services. The office shall have oversight and control of state
6 juvenile correctional facilities and programs other than the secure youth
7 confinement facility which is under the control of the Department of
8 Correctional Services. The Administrator of the Office of Juvenile
9 Services shall be appointed by the chief executive officer of the
10 department or his or her designee and shall be responsible for the
11 administration of the facilities and programs of the office. The
12 department may contract with a state agency or private provider to
13 operate any facilities and programs of the Office of Juvenile Services.
14 (2) This subsection applies beginning July 1, 2014. There is created
15 within the Department of Health and Human Services the Office of Juvenile
16 Services. The office shall have oversight and control of the Youth
17 Rehabilitation and Treatment Center-Geneva and the Youth Rehabilitation
18 and Treatment Center-Kearney youth rehabilitation and treatment centers.
19 The Administrator of the Office of Juvenile Services shall be appointed
20 by the chief executive officer of the department or his or her designee
21 and shall be responsible for the administration of the facilities and
22 programs of the office. The department may contract with a state agency
23 or private provider to operate any facilities and programs of the Office
24 of Juvenile Services.
25 Sec. 4. Section 43-405, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27 43-405 The administrative duties of the Office of Juvenile Services
28 are to:
29 (1) Manage, establish policies for, and administer the office,
30 including all facilities and programs operated by the office or provided
31 through the office by contract with a provider;
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1 (2) Supervise employees of the office, including employees of the
2 facilities and programs operated by the office;
3 (3) Have separate budgeting procedures and develop and report budget
4 information separately from the Department of Health and Human Services;
5 (4) Adopt and promulgate rules and regulations for the levels of
6 treatment and for management, control, screening, treatment,
7 rehabilitation, transfer, discharge, and evaluation until October 1,
8 2013, and parole until July 1, 2014, of juveniles placed with or
9 committed to the Office of Juvenile Services;
10 (5) Ensure that statistical information concerning juveniles placed
11 with or committed to facilities or programs of the office is collected,
12 developed, and maintained for purposes of research and the development of
13 treatment programs;
14 (6) Monitor commitments, placements, and evaluations at facilities
15 and programs operated by the office or through contracts with providers
16 and submit electronically an annual report of its findings to the
17 Legislature. For 2012, 2013, and 2014, the office shall also provide an
18 electronic copy of the report to the Health and Human Services Committee
19 of the Legislature on or before September 15. The report shall include an
20 assessment of the administrative costs of operating the facilities, the
21 cost of programming, and the savings realized through reductions in
22 commitments, placements, and evaluations, and information regarding the
23 collaboration required by section 83-101;
24 (7) Coordinate the programs and services of the juvenile justice
25 system with other governmental agencies and political subdivisions;
26 (8) Coordinate educational, vocational, and social counseling for
27 juveniles committed to the office; and
28 (9) Until July 1, 2014, coordinate community-based services for
29 juveniles and their families;
30 (10) Until July 1, 2014, supervise and coordinate juvenile parole
31 and aftercare services; and
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1 (9) (11) Exercise all powers and perform all duties necessary to
2 carry out its responsibilities under the Health and Human Services,
3 Office of Juvenile Services Act.
4 Sec. 5. Section 43-406, Reissue Revised Statutes of Nebraska, is
5 amended to read:
6 43-406 The Office of Juvenile Services shall utilize:
7 (1) Evidence-based and validated risk Risk and needs assessment
8 instruments for use in determining the individualized level of treatment
9 plan for each the juvenile committed to the office;
10 (2) A case classification process to include levels of treatment
11 defined by rules and regulations and case management standards for each
12 level of treatment. The process shall provide for a balance of
13 accountability, public safety, and treatment;
14 (3) Case management for all juveniles committed to the office; and
15 (4) Until July 1, 2014, a purchase-of-care system which will
16 facilitate the development of a statewide community-based array of care
17 with the involvement of the private sector and the local public sector.
18 Care services may be purchased from private providers to provide a wider
19 diversity of services. This system shall include accessing existing Title
20 IV-E funds of the federal Social Security Act, as amended, medicaid
21 funds, and other funding sources to support eligible community-based
22 services. Such services developed and purchased shall include, but not be
23 limited to, evaluation services. Services shall be offered and delivered
24 on a regional basis;
25 (5) Until October 1, 2013, community-based evaluation programs,
26 supplemented by one or more residential evaluation programs. A
27 residential evaluation program shall be provided in a county containing a
28 city of the metropolitan class. Community-based evaluation services shall
29 replace the residential evaluation services available at the Youth
30 Diagnostic and Rehabilitation Center by December 31, 1999; and
31 (4) (6) A management information system. The system shall be a
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1 unified, interdepartmental client information system which supports the
2 management function as well as the service function.
3 Sec. 6. Section 43-407, Reissue Revised Statutes of Nebraska, is
4 amended to read:
5 43-407 (1) This subsection applies to all juveniles committed to
6 the Office of Juvenile Services for placement at a youth rehabilitation
7 and treatment center prior to July 1, 2013. The Office of Juvenile
8 Services shall design and make available programs and treatment services
9 through the Youth Rehabilitation and Treatment Center-Kearney and Youth
10 Rehabilitation and Treatment Center-Geneva. The programs and treatment
11 services shall be based upon the individual or family evaluation process
12 and treatment plan. The treatment plan shall be developed within fourteen
13 days after admission. If a juvenile placed at the Youth Rehabilitation
14 and Treatment Center-Kearney or Youth Rehabilitation and Treatment
15 Center-Geneva is assessed as needing inpatient or subacute substance
16 abuse or behavioral health residential treatment, the juvenile may be
17 transferred to a program or facility if the treatment and security needs
18 of the juvenile can be met. The assessment process shall include
19 involvement of both private and public sector behavioral health
20 providers. The selection of the treatment venue for each juvenile shall
21 include individualized case planning and incorporate the goals of the
22 juvenile justice system pursuant to section 43-402. Juveniles committed
23 to the Youth Rehabilitation and Treatment Center-Kearney or Youth
24 Rehabilitation and Treatment Center-Geneva who are transferred to
25 alternative settings for treatment remain committed to the Department of
26 Health and Human Services and the Office of Juvenile Services until
27 discharged from such custody. Programs and treatment services shall
28 address:
29 (a) Behavioral impairments, severe emotional disturbances, sex
30 offender behaviors, and other mental health or psychiatric disorders;
31 (b) Drug and alcohol addiction;
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1 (c) Health and medical needs;
2 (d) Education, special education, and related services;
3 (e) Individual, group, and family counseling services as appropriate
4 with any treatment plan related to subdivisions (a) through (d) of this
5 subsection. Services shall also be made available for juveniles who have
6 been physically or sexually abused;
7 (f) A case management and coordination process, designed to assure
8 appropriate reintegration of the juvenile to his or her family, school,
9 and community. This process shall follow individualized planning which
10 shall begin at intake and evaluation. Structured programming shall be
11 scheduled for all juveniles. This programming shall include a strong
12 academic program as well as classes in health education, living skills,
13 vocational training, behavior management and modification, money
14 management, family and parent responsibilities, substance abuse
15 awareness, physical education, job skills training, and job placement
16 assistance. Participation shall be required of all juveniles if such
17 programming is determined to be age and developmentally appropriate. The
18 goal of such structured programming shall be to provide the academic and
19 life skills necessary for a juvenile to successfully return to his or her
20 home and community upon release; and
21 (g) The design and delivery of treatment programs through the youth
22 rehabilitation and treatment centers as well as any licensing or
23 certification requirements, and the office shall follow the requirements
24 as stated within Title XIX and Title IV-E of the federal Social Security
25 Act, as such act existed on May 25, 2007, the Special Education Act, or
26 other funding guidelines as appropriate. It is the intent of the
27 Legislature that these funding sources shall be utilized to support
28 service needs of eligible juveniles.
29 (1) (2) This subsection applies to all juveniles committed to the
30 Office of Juvenile Services for placement at a youth rehabilitation and
31 treatment center on or after July 1, 2013. The Office of Juvenile
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1 Services shall design and make available programs and treatment services
2 through the Youth Rehabilitation and Treatment Center-Kearney and Youth
3 Rehabilitation and Treatment Center-Geneva. The programs and treatment
4 services shall be evidence-based and based upon the individual or family
5 evaluation process using evidence-based, validated risk and needs
6 assessments to create an individualized and treatment plan. The treatment
7 plan shall be developed within fourteen days after admission. If a
8 juvenile placed at the Youth Rehabilitation and Treatment Center-Kearney
9 or Youth Rehabilitation and Treatment Center-Geneva is assessed as
10 needing inpatient or subacute substance abuse or behavioral health
11 residential treatment, the Office of Juvenile Services may arrange for
12 such treatment to be provided at the Hastings Regional Center or may
13 transition the juvenile to another inpatient or subacute residential
14 treatment facility licensed as a treatment facility in the State of
15 Nebraska. Except in a case requiring emergency admission to an inpatient
16 facility, the juvenile shall not be discharged by the Office of Juvenile
17 Services until the juvenile has been returned to the court f