162 Neb. Admin. Code, ch. 2, § 003

Current through September 17, 2024

Section 162-2-003 - Foster Care Review Office Duties

003.01 Maintain Statewide Register

Per Neb. Rev. Stat. § 43-1303 the Office shall maintain a statewide register of all foster care placements that occur within the State. Every court and child-placement agency shall report any initial out-of-home foster care placement to the register within three working days. The initial placement report shall include:

1. name and address of the foster child,

2. birth date of the child,

3. date child entered foster care, and

4. name of caseworker and agency.

For every child entering or leaving foster care, every child-placing agency or court shall make a confirmed placement report.

The confirmed placement report shall include:

1. name and address of foster child;

2. birth date, sex, and race;

3. foster parents' name and address;

4. biological parents' name and address;

5. court of commitment;

6. court of jurisdiction;

7. reason for foster care placement;

8. estimated length of time to be in foster care;

9. previous placements, if any;

10. description of services which are to be provided;

11. agency or person responsible for implementation of services;

12. date of physical examination; and

13. plan for the child and/or his family.

The court which has placed a child in foster care shall submit the following to the register:

1. child's name,

2. type of filing,

3. legal action in the courtroom,

4. results of the legal action in the courtroom,

5. date of next court review,

6. the court order, if requested,

7. the report and recommendations of the guardian at litem.

The Office's tracking system shall be maintained on the state's SACWIS computer system.

003.02 Central Record Keeping

The Office shall establish a central record keeping facility for all local board files, including case reviews.

003.03 Recommendations

The Office shall submit to the agency and court of jurisdiction the findings and recommendations received from the local board. This must be sent within 30 days of each review. The Office shall provide copies of such reports and recommendations to each court having the authority to take legal action in a specific case. The Office shall also provide copies of such reports and recommendations to the legal parties of record to the case.

003.04 Annual Report

The Office shall make an annual report on children in foster care to the Legislature, Department of Health and Human Services, other agencies, courts, local board members, and members of the public including:

1. personal data on length of time in foster care,

2. number and types of placements as accumulated,

3. frequency and results of court reviews,

4. number of children supervised by the foster care programs in the State annually,

5. trend data impacting foster care, services, and placements;

6. analysis of the data;

7. recommendations for improving the foster care system in Nebraska; and

8. such other items as the Office determines.

The annual report of the Office shall be completed by December 1 each year, beginning December 1, 2012.

The Office shall report and make suggestions to the appropriate agency based on the evaluation of judicial and administrative data.

003.05 Quarterly reports

The Executive Director shall provide, at a time specified by the Health and Human Services Committee of the Legislature, regular updates regarding child welfare data and information at least quarterly, and a fourth-quarter report which shall be the annual report. The Executive Director shall include issues, policy concerns, and problems which have come to the Office and the Executive Director from analysis of the data. The Executive Director shall recommend alternatives to the identified problems and related needs of the Office and the foster care system to the committee.

003.06 Employ or Contract for Services

The Office shall employ or contract for services from such persons as are necessary to aid it in carrying out its duties.

003.07 Authorize facility visits

The Office may authorize duly trained and qualified staff and local board members to visit and observe foster care facilities.

003.08 Case Assignments to Local Boards for Review

The Office shall assign cases of children in foster care placement to a local board for their review.

003.09 Local boards

The Office shall establish local foster care review boards, known generally as local boards, to review the cases of children in foster care placements. The Director shall select members to serve on local boards from a list of applications submitted to the Office.

Each local board shall consist of not less than four and not more than ten members. Members of local boards shall reasonably represent the various social, economic, racial, and ethnic groups of the county or counties from which its members may be appointed. No person employed by the Office, a court, or a child welfare agency shall be appointed to a local board.

The term of office shall be for three years. The Director may appoint local board members as necessary to fill a vacancy. The term of each member shall expire on the second Monday in July of the appropriate year. Members shall continue to serve until a successor is appointed. Local board members may serve unlimited consecutive terms provided they remain in good standing.

003.10 Procedures

The Director shall develop procedures for the local review boards, including a policy regarding the removal of board members.

003.11 Training

The Office shall establish an initial training program for local board members and periodic in-service training.

The initial training program shall include training in the following areas:

1. The local foster care review process,

2. Findings each local board is required to make on each case,

3. The juvenile court process,

4. Risk assessment,

5. Child development principles,

6. Interview of participants,

7. Protocols for visits to foster care facilities, and

8. Other child welfare topics deemed necessary.

162 Neb. Admin. Code, ch. 2, § 003