LB491 LB491
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 491
Introduced by Cavanaugh, M., 6.
Read first time January 19, 2021
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to children and families; to amend sections
2 43-2204, 43-4401, 43-4402, 43-4403, 43-4407, 68-1207, 68-1214, and
3 81-3135, Reissue Revised Statutes of Nebraska, and sections 43-4406
4 and 68-1212, Revised Statutes Cumulative Supplement, 2020; to change
5 and eliminate provisions regarding lead agencies and a pilot
6 project; to harmonize provisions; to provide an operative date; to
7 repeal the original sections; and to outright repeal sections
8 43-4408, 43-4409, and 68-1213, Reissue Revised Statutes of Nebraska.
9 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 43-2204, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 43-2204 A pilot project is created to provide family finding
4 services within at least two service areas. The department shall contract
5 with providers of family finding services or the case management lead
6 agency pilot project authorized under section 68-1212 to carry out the
7 family finding services pilot project. A provider may contract within
8 multiple service areas. Each contracting provider shall be trained in and
9 implement the steps described in section 43-2203. The family finding
10 services pilot project shall terminate on June 30, 2019.
11 Sec. 2. Section 43-4401, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 43-4401 For purposes of sections 43-4401 to 43-4407 43-4409:
14 (1) Department means the Department of Health and Human Services;
15 and
16 (2) N-FOCUS system means the electronic data collection system in
17 use by the department on April 12, 2012;
18 (3) Pilot project means a case management lead agency model pilot
19 project established by the department pursuant to Laws 2012, LB961; and
20 (2) (4) Service area means a geographic area administered by the
21 department and designated pursuant to section 81-3116.
22 Sec. 3. Section 43-4402, Reissue Revised Statutes of Nebraska, is
23 amended to read:
24 43-4402 The Legislature finds that:
25 (1) Nebraska does not have the capacity to collect and analyze
26 routinely and effectively the data required to inform policy decisions,
27 child welfare service development, and evaluation of its child welfare
28 system;
29 (2) The N-FOCUS system is difficult to use and does not provide the
30 appropriate data for meaningful monitoring of the child welfare system
31 for children's safety, permanency, and wellness;
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1 (3) The N-FOCUS system does not easily integrate with other computer
2 systems that have different purposes, capacities, file structures, and
3 operating systems, resulting in silos of operation and information; and
4 (4) The Legislature finds that the department needs leadership in
5 developing a uniform electronic data collection system to collect and
6 evaluate data regarding children served, the quality of child welfare
7 services provided, and the outcomes produced by such child welfare
8 services.
9 Sec. 4. Section 43-4403, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 43-4403 It is the intent of the Legislature:
12 (1) To provide for (a) legislative oversight of the child welfare
13 system through an improved electronic data collection system, (b)
14 improved child welfare outcome measurements through increased reporting
15 by any lead agencies or the pilot project and the department, and (c) an
16 independent evaluation of the child welfare system; and
17 (2) To develop an electronic data collection system to integrate
18 child welfare information into one system to more effectively manage,
19 track, and share information, especially in child welfare case
20 management.
21 Sec. 5. Section 43-4406, Revised Statutes Cumulative Supplement,
22 2020, is amended to read:
23 43-4406 On or before each September 15, the department shall report
24 electronically to the Health and Human Services Committee of the
25 Legislature the following information regarding child welfare services,
26 with respect to children served by any lead agency or the pilot project
27 and children served by the department:
28 (1) The percentage of children served and the allocation of the
29 child welfare budget, categorized by service area and by lead agency or
30 the pilot project, including:
31 (a) The percentage of children served, by service area and the
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1 corresponding budget allocation; and
2 (b) The percentage of children served who are wards of the state and
3 the corresponding budget allocation;
4 (2) The number of siblings in out-of-home care placed with siblings
5 as of the June 30 immediately preceding the date of the report,
6 categorized by service area and by lead agency or the pilot project;
7 (3) The number of waivers granted under subsection (2) of section
8 71-1904;
9 (4) An update of the information in the report of the Children's
10 Behavioral Health Task Force pursuant to sections 43-4001 to 43-4003,
11 including:
12 (a) The number of children receiving mental health and substance
13 abuse services annually by the Division of Behavioral Health of the
14 department;
15 (b) The number of children receiving behavioral health services
16 annually at the Hastings Regional Center;
17 (c) The number of state wards receiving behavioral health services
18 as of September 1 immediately preceding the date of the report;
19 (d) Funding sources for children's behavioral health services for
20 the fiscal year ending on the immediately preceding June 30;
21 (e) Expenditures in the immediately preceding fiscal year by the
22 division, categorized by category of behavioral health service and by
23 behavioral health region; and
24 (f) Expenditures in the immediately preceding fiscal year from the
25 medical assistance program and CHIP as defined in section 68-969 for
26 mental health and substance abuse services, for all children and for
27 wards of the state;
28 (5) The following information as obtained for each service area and
29 lead agency or the pilot project:
30 (a) Case manager education, including college degree, major, and
31 level of education beyond a baccalaureate degree;
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1 (b) Average caseload per case manager;
2 (c) Average number of case managers per child during the preceding
3 twelve months;
4 (d) Average number of case managers per child for children who have
5 been in the child welfare system for three months, for six months, for
6 twelve months, and for eighteen months and the consecutive yearly average
7 for children until the age of majority or permanency is attained;
8 (e) Monthly case manager turnover;
9 (f) Monthly face-to-face contacts between each case manager and the
10 children on his or her caseload;
11 (g) Monthly face-to-face contacts between each case manager and the
12 parent or parents of the children on his or her caseload;
13 (h) Case documentation of monthly consecutive team meetings per
14 quarter;
15 (i) Case documentation of monthly consecutive parent contacts per
16 quarter;
17 (j) Case documentation of monthly consecutive child contacts with
18 case manager per quarter;
19 (k) Case documentation of monthly consecutive contacts between child
20 welfare service providers and case managers per quarter;
21 (l) Timeliness of court reports; and
22 (m) Non-court-involved children, including the number of children
23 served, the types of services requested, the specific services provided,
24 the cost of the services provided, and the funding source;
25 (6) All placements in residential treatment settings made or paid
26 for by the child welfare system, the Office of Juvenile Services, the
27 State Department of Education or local education agencies, any lead
28 agency or the pilot project through letters of agreement, and the medical
29 assistance program, including, but not limited to:
30 (a) Child variables;
31 (b) Reasons for placement;
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1 (c) The percentage of children denied medicaid-reimbursed services
2 and denied the level of placement requested;
3 (d) With respect to each child in a residential treatment setting:
4 (i) If there was a denial of initial placement request, the length
5 and level of each placement subsequent to denial of initial placement
6 request and the status of each child before and immediately after, six
7 months after, and twelve months after placement;
8 (ii) Funds expended and length of placements;
9 (iii) Number and level of placements;
10 (iv) Facility variables; and
11 (v) Identification of specific child welfare services unavailable in
12 the child's community that, if available, could have prevented the need
13 for residential treatment; and
14 (e) Identification of child welfare services unavailable in the
15 state that, if available, could prevent out-of-state placements;
16 (7) From any lead agency or the pilot project, the percentage of its
17 accounts payable to subcontracted child welfare service providers that
18 are thirty days overdue, sixty days overdue, and ninety days overdue;
19 (7) (8) For any individual involved in the child welfare system
20 receiving a service or a placement through the department or its agent
21 for which referral is necessary, the date when such referral was made by
22 the department or its agent and the date and the method by which the
23 individual receiving the services was notified of such referral. To the
24 extent the department becomes aware of the date when the individual
25 receiving the referral began receiving such services, the department or
26 its agent shall document such date;
27 (8) (9) The number of sexual abuse allegations that occurred for
28 children being served by the Division of Children and Family Services of
29 the Department of Health and Human Services and placed at a residential
30 child-caring agency and the number of corresponding (a) screening
31 decision occurrences by category, (b) open investigations by category,
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1 and (c) agency substantiations, court substantiations, and court-pending
2 status cases; and
3 (9) (10) Information on children who are reported or suspected
4 victims of sex trafficking of a minor or labor trafficking of a minor, as
5 defined in section 28-830, including:
6 (a) The number of reports to the statewide toll-free number pursuant
7 to section 28-711 alleging sex trafficking of a minor or labor
8 trafficking of a minor and the number of children alleged to be victims;
9 (b) The number of substantiated victims of sex trafficking of a
10 minor or labor trafficking of a minor, including demographic information
11 and information on whether the children were already served by the
12 department;
13 (c) The number of children determined to be reported or suspected
14 victims of sex trafficking of a minor or labor trafficking of a minor,
15 including demographic information and information on whether the children
16 were previously served by the department;
17 (d) The types and costs of services provided to children who are
18 reported or suspected victims of sex trafficking of a minor or labor
19 trafficking of a minor; and
20 (e) The number of ongoing cases opened due to allegations of sex
21 trafficking of a minor or labor trafficking of a minor and number of
22 children and families served through these cases.
23 Sec. 6. Section 43-4407, Reissue Revised Statutes of Nebraska, is
24 amended to read:
25 43-4407 (1) Each service area administrator and any lead agency or
26 the pilot project shall annually survey children, parents, foster
27 parents, judges, guardians ad litem, attorneys representing parents, and
28 service providers involved with the child welfare system to monitor
29 satisfaction with (a) adequacy of communication by the case manager, (b)
30 response by the department, any lead agency, or the pilot project to
31 requests and problems, (c) transportation issues, (d) medical and
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1 psychological services for children and parents, (e) visitation
2 schedules, (f) payments, (g) support services to foster parents, (h)
3 adequacy of information about foster children provided to foster parents,
4 and (i) the case manager's fulfillment of his or her responsibilities. A
5 summary of the survey shall be reported electronically to the Health and
6 Human Services Committee of the Legislature on September 15, 2012, and
7 each September 15 thereafter.
8 (2) Each service area administrator and any lead agency or the pilot
9 project shall provide monthly reports to the child advocacy center that
10 corresponds with the geographic location of the child regarding the
11 services provided through the department or a lead agency or the pilot
12 project when the child is identified as a voluntary or non-court-involved
13 child welfare case. The monthly report shall include the plan implemented
14 by the department, the lead agency, or the pilot project for the child
15 and family and the status of compliance by the family with the plan. The
16 child advocacy center shall report electronically to the Health and Human
17 Services Committee of the Legislature on September 15, 2012, and every
18 September 15 thereafter, or more frequently if requested by the
19 committee.
20 Sec. 7. Section 68-1207, Reissue Revised Statutes of Nebraska, is
21 amended to read:
22 68-1207 (1) The Department of Health and Human Services shall
23 supervise all public child welfare services as described by law. The
24 department and the pilot project described in section 68-1212 shall
25 maintain caseloads to carry out child welfare services which provide for
26 adequate, timely, and indepth investigations and services to children and
27 families. Caseloads shall range between twelve and seventeen cases as
28 determined pursuant to subsection (2) of this section. In establishing
29 the specific caseloads within such range, the department and the pilot
30 project shall (a) include the workload factors that may differ due to
31 geographic responsibilities, office location, and the travel required to
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1 provide a timely response in the investigation of abuse and neglect, the
2 protection of children, and the provision of services to children and
3 families in a uniform and consistent statewide manner and (b) uti