162 Neb. Admin. Code, ch. 2, § 001

Current through September 17, 2024

Section 162-2-001 - Advisory Committee

001.01 Advisory Committee Membership

The Advisory Committee shall consist of five members appointed by the Governor and approved by the Legislature.

Per Neb. Rev. Stat. 43-1302, the Governor shall appoint three members from a list of twelve local board members submitted by the Health and Human Services Committee of the Legislature, one member from a list of four persons with data analysis experience submitted by the Health and Human Services Committee of the Legislature, and one member from a list of four persons who are residents of the state and are representative of the public at large submitted by the Health and Human Services Committee of the Legislature.

The Health and Human Services Committee of the Legislature shall hold a confirmation hearing for the appointees, and the appointments shall be subject to confirmation by the Legislature, except that the initial members and members appointed while the Legislature is not in session in 2012 shall serve until the next session of the Legislature, at which time a majority of the members of the Legislature shall approve or disapprove of the appointments.

The appointment of a member of the local board to the Advisory Committee shall not create a vacancy on the local board.

001.02 Pecuniary Interests/Conflicts of Interest

Advisory Committee members shall have no pecuniary interest in the foster care system and shall not be employed by the Office, the Department of Health and Human Services, a county, a child-caring agency, a child-placing agency, or a court.

Members of the Committee will assure that the advice and recommendations of the Advisory Committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment.

Members of the Committee will endeavor to pursue a course of conduct that will not raise suspicion among the public that a member is likely to be engaged in acts that are in violations of his or her trust.

001.03 Advisory Committee Terms

Per Neb. Rev. Stat. 43-1302, the terms of the members shall be for three years, except that the Governor shall designate two of the initial appointees to serve initial terms ending on March 1, 2014, and three of the initial appointees to serve initial terms ending on March 1, 2015. The Governor shall make the initial appointments within thirty days after the operative date of the act (2012).

Members shall not serve more than two consecutive terms, except that members shall serve until their successors have been appointed and qualified. The Governor shall appoint members to fill vacancies in the same manner as the original appointments to serve for the remainder of the unexpired term.

001.04 Advisory Committee Functions

The duties of the Foster Care Advisory Committee are to:

(a) hire and fire an Executive Director for the Office who has training and experience in foster care; and

(b) support and facilitate the work of the Office, including the tracking of children in foster care and reviewing foster care file audit case reviews.

The Foster Care Advisory Committee will assist the Director:

(a) determine key issues of the foster care system and ways to resolve the issues and to otherwise improve the system, and

(b) to make policy recommendations.

In order to support and facilitate the work of the Office:

1. Committee members will embrace citizen review and a child-centered focus to agency decision making.

2. Committee members will acknowledge the statewide and regional issues affecting the child welfare system.

3. Committee members who have not served on local boards will gain understanding of the process.

4. Committee members will be or become prepared to provide information and feedback relevant to the agency or the child welfare system.

5. Committee members will acknowledge the expertise, historical knowledge, and multi-dimensional backgrounds of the Director and staff. Members will value open and honest communication and mutual respect.

6. Committee members will acknowledge the observations of the staff and local boards.

7. Committee members will work with the Director and staff in a unified collaborative spirit to strengthen and enhance the programs of the Office.

8. If requested, the Committee members will assist in working with the Director and staff to support and facilitate the work being done to address the issues staff and local board members have identified.

9. Committee members will be accountable to the public trust.

The Committee may also provide other support to the Director upon his or her request.

001.06 Procedures for meetings

2-001.06.01Parliamentary Procedure.

Robert's Rules of Order Revised Edition will be used to assure the orderly transaction of business in meetings.

Any question presented for a vote should have minimal qualifiers, not be leading, and should avoid the use of double or triple negatives, undefined pronouns, or other sources of possible confusion.

2-001.06.02Meeting Frequency.

The Foster Care Advisory Committee shall meet at least four times each calendar year.

2-001.06.03 Attendance.

Each Advisory Committee member shall attend at least two meetings each calendar year and shall be subject to removal for failure to attend at least two meetings unless excused by a majority of the members of the committee.

2-001.06.04Quorum.

A quorum shall consist of the majority of the members of the Committee for the transaction of business. Actions require a majority of all members present, with the exception of decisions to fire the Director, which would require at least four affirmative votes.

2-001.06.05Officers.

At the first meeting after the start of the State fiscal year the Committee shall select a chairperson and may select such other officers as it may deem necessary. A special election may be held whenever a vacancy occurs. Officers will hold office until their successors are elected.

The Chair and other officers, if applicable, shall preside for a term of one year. No officer may serve more than two consecutive years in a position.

The Chair will be cognizant of the differences in roles and duties of the Chair and the Executive Director.

Foster Care Review Office staff will serve as secretary.

2-001.06.06Open Meetings Act compliance.

All meetings of the Advisory Committee shall be conducted in accordance with the Nebraska Open Meetings Act, Neb. Rev. Stat. § 83-1407 - 84-1414.

2-001.06.07Agendas.

The Director shall prepare a preliminary agenda after consulting with the Committee Chair. The agenda will include time for citizens to speak. The Chair may impose limits on the length of time each citizen may speak.

2-001.06.08 Sessions.

All meetings of the Advisory Committee shall be conducted pursuant to Neb. Rev. Stat. 43-1301 -1318, R.R.S. 2012.

001.07 Authority outside of meetings

Committee members have authority only when acting as a body in regular session. The Committee is not bound in any way by any statement or action of individual member except when such action is in pursuance of special instructions by the Committee.

001.08 Public Records Act compliance

The Advisory Committee shall comply with the public records law.

001.09 Expense reimbursement

Members shall be reimbursed for their actual expenses incurred in the line of duty as provided in Neb. Rev. Stat. § 81-1174 to 81-1177. Each request shall be fully itemized, including the amount, date, place, and essential character of the expense incurred, and submitted on the approved form. All Advisory Committee members are volunteers and shall not be reimbursed for time spent conducting official duties.

162 Neb. Admin. Code, ch. 2, § 001